The Minister of State, Ministry of Justice (Damian Hinds)
I beg to move,
That the draft Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023, which was laid before this House on 16 October, be approved.
Last week my right hon. and learned Friend the Lord Chancellor made a statement to the House setting out a number of reforms in which our sharp focus is public safety. We will ensure that the worst offenders stay locked up for longer; further enlarge our prison capacity, building on the recent growth that has been achieved, which is unprecedented since the Victorians; and ensure that that capacity is put to best use for public protection.
The removal of foreign national offenders is a priority for this Government. Between January 2019 and March 2023, we removed 14,700 foreign national offenders from the country, but there are still 10,000 FNOs in our prisons, each of them taking up a prison place at great expense to the British taxpayer. While my Department is working closely with the Home Office to increase removals, there is still more that can be done.
As the Lord Chancellor set out in his statement, it cannot be right that some of these individuals are sitting in prison when they could otherwise be removed from the country. The early removal scheme exists to deport foreign national offenders. This means that any foreign national who is convicted of a crime and given a prison sentence—with the exception of those convicted of terrorism or terror-related offences—is considered for deportation. We also remove foreign offenders through prisoner transfer agreements, which enable prisoners to be repatriated during their prison sentence. Those agreements also operate to bring British national offenders back to the UK, and we currently have over 80 such arrangements in place with other countries.
The early removal scheme—the subject of this debate—allows for foreign national offenders to be removed before the end of their sentence, subject to a minimum time being served. Once removed, they are subsequently barred from re-entering the UK, and we are clear that any illegal re-entry will see them returned to prison, where they will serve the rest of their sentence. The draft instrument before us today will ensure that certain foreign national offenders can be removed earlier.
Bob Stewart (Beckenham) (Con)
Could my right hon. Friend the Minister clarify that last point? Is he saying that someone who is removed at the end of his or her sentence cannot come back once they are free? They have served their time here, and therefore, in principle, they have paid the price for their crime, but if they go back to their country and want to come back, they are not allowed to do so.
Damian Hinds
My right hon. Friend is correct that, when someone is deported in this way, they are not allowed to return. Were there time remaining on the sentence, as I outlined, that time would be servable if they did come back illegally.
This instrument will ensure that certain foreign national offenders can be removed earlier. We seek to extend the removal window in the early removal scheme from 12 months to 18 months, meaning that we would be able to deport an eligible foreign national offender up to six months earlier, still subject to the minimum required proportion of time having been served. This builds on changes we introduced last year in the Nationality and Borders Act 2022, which extended the maximum from nine to 12 months. As I just alluded to, we also added the “stop the clock” provision, so that anyone removed from the UK under the early removal scheme will have their sentence paused following removal and reactivated if they illegally return to the UK at any point, which means returning to prison to complete their sentence.
Paul Holmes (Eastleigh) (Con)
Does the Minister agree that it is unsustainable that foreign national offenders in our prisons are costing the taxpayer £500 million a year, and that the actions he is taking will ensure that there are savings in the system, so that prisons can work more efficiently?
Damian Hinds
My hon. Friend is exactly right about the significant costs involved. It is expensive to keep somebody in custody, at an average of £47,000 a year, and we want to make sure that the British taxpayer is not paying unnecessarily for people who do not need to be here and can be removed to their home country and not be allowed to return. Extending the window to 18 months will make it possible to do so for certain foreign national offenders at an earlier point. In preparation for this change, the Home Office is increasing the number of caseworkers to facilitate those removals, and that is the central part of the combined effort between the Ministry of Justice and the Home Office.
Mr Louie French (Old Bexley and Sidcup) (Con)
On that point, does my right hon. Friend share my concern that Opposition Members have previously tried to block the deportation of dangerous criminals, and can he tell me what the Home Office can do to ensure that does not happen again?
Damian Hinds
I very much share that concern. It is all very well for people to say that they are in favour of making these removals, but their actions have to follow their words. I am afraid that, all too often, that is not what we have seen from Opposition Members, as my hon. Friend rightly points out.
James Wild (North West Norfolk) (Con)
I think the Minister said that offenders sentenced to over a year would be considered for deportation. Is it the case that there is a duty to remove those offenders and that that would also apply to anyone with EU settled status convicted for over a year—they would be returned to their home country and barred from coming back to the UK?
Damian Hinds
Of course, the rules are as per the broader immigration rules and people’s citizenship rights. What we need to make sure is that, at the earliest opportunity, we are making that move and deporting those eligible foreign national offenders to their home country. We estimate that this change will add around 300 foreign national offenders to the early removal scheme’s eligible caseload at any one time. In addition to that scheme, as I mentioned, we have prisoner transfer agreements, including our new agreement with Albania, which came into force in May last year. We are looking to negotiate further such agreements.
We are a Government who are unashamedly tough on crime. By removing more foreign national offenders earlier in their sentence, we will be saving the taxpayer money, banishing criminals from our shores, and ensuring we have sufficient prison places to keep the worst offenders locked up for longer.
Damian Hinds
I am grateful for all the contributions to this SI debate, including from the hon. Member for Brentford and Isleworth (Ruth Cadbury), the former Home Secretary my right hon. Friend the Member for Witham (Priti Patel), my hon. Friends the Members for Poole (Sir Robert Syms) and for Bromley and Chislehurst (Sir Robert Neill), and my hon. and learned Friend the Member for Eddisbury (Edward Timpson).
The Chair of the Justice Committee rightly spoke about the need to combine punishment and rehabilitation. Ultimately, the system is for public safety, and both those sides are incredibly important. He rightly said that we must use the system sensibly. He asked me specifically to confirm that this measure does not alter the minimum 50% of time in custody, and he is correct about that. On the point about Albania, we need to make all our prisoner transfer agreements work as effectively as possibly, and with Albania we have a particularly good partnership. It is a very innovative transfer agreement and I am sure there is further that we can go. I will write soon to my hon. and learned Friend the Member for Eddisbury on the question he asked about women.
My right hon. Friend the Member for Witham rightly raised points about victims, and victims must always be at the heart of what we do. I confirm that the victim contact scheme applies in these cases, and I confirm again that the minimum proportion of time in custody also applies. It is not just that the sentence is longer; the proportion of time served will be longer, and it is important that we see that in the context of longer sentences. The average sentence in custody is now considerably longer than it was in 2010. Critically, the move for some of the worst offences from the automatic halfway release point to two thirds of the sentence interacts with this measure, and means that many people will be spending longer in prison than they would otherwise. Overall there is discretion not to remove someone, and that is exercised in certain cases.
The hon. Member for Brentford and Isleworth rightly pointed out that the prison population has grown. She is correct about that. Last week a comprehensive plan was set out by my right hon. and learned Friend the Justice Secretary, which ensures that the worst offenders will stay in prison for longer, and that we also make best use of the capacity we have. The hon. Lady also talked about overcrowding, and I gently remind her that prison overcrowding is lower than it was at the time of the change of Government in 2010, and that there are 2,000 fewer people in overcrowded conditions in our prison population than there were when the Labour party was in government. I also gently ask: where are her Titans? If the Labour party’s build programme had taken place as planned, many of these things would not have come to pass.
The plan set out by my right hon. and learned Friend builds on what has already been achieved, first in the rapid increase in capacity that we have seen, with 5,000 places over the past year, and tougher sentences for the worst offenders, and also with the progress on rehabilitation and what has been done on drugs, employment and housing. That has resulted in the reoffending rate coming down. That is so important, because most crime is repeat crime, and when the reoffending rate comes down, overall crime comes down. That is exactly what we have seen.
The hon. Member for Brentford and Isleworth asked why we have not done this before, and the answer is that we have, given the changes that we made in the Nationality and Borders Act 2022, including the stop-the-clock provisions, and the new prisoner transfer agreements, including the agreement that I alluded to with Albania. That combination of factors has seen an increase of 14% in the number of foreign national offenders removed recently, year-on-year.
The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023 will extend the benefits of the scheme by bringing forward the time from which a foreign national offender can be removed. This draft instrument is a critical part of the approach of the Ministry of Justice and Home Office to removing foreign national offenders from our prisons and our country. It will ensure that taxpayers’ money is best used to protect the public, and I therefore commend it to the House.
Question put and agreed to.