Immigration Bill

Debate between Baroness Primarolo and James Brokenshire

Wednesday 7th May 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move, That this House disagrees with Lords amendment 18.

[Madam Deputy Speaker]

With this it will be convenient to take Government amendments (a) and (b) in lieu of Lords amendment 18.

[James Brokenshire]

The fundamental duty of any Government is to protect the British public and maintain the security of the UK against a range of threats. There is a small but very dangerous number of individuals who, despite having taken an oath of loyalty to become a British citizen, seek to threaten the security of this country. Those same dangerous individuals seek to exploit a loophole in our legislation preventing us from removing their citizenship if it would render them stateless, even temporarily, while they reacquire their former nationality. This Government have sought to address that issue, in line with our international obligations to protect the security of the UK.

Our proposals, previously debated in this House on 30 January, sought to extend the existing deprivation powers of the Home Secretary so that a naturalised British citizen who has conducted themselves in a manner seriously prejudicial to the vital interests of the UK—I underline the high bar that has been set—can be deprived of their citizenship, regardless of whether it would render them stateless. We believe that is vital for the security of the UK and an important point of principle. It is not right that people who subvert our values and fight against our armed forces should invoke our protection and enjoy the privileges of British citizenship.

Many of the debates on this issue have focused on the use of the existing powers in the UK and overseas. I remind right hon. and hon. Members that the Home Secretary has long-standing existing powers to deprive a British national of their citizenship where that individual acquired it using fraud or where she is satisfied that doing so is conducive to the public good. Where fraud has been used, a decision can be made to deprive, which leaves a person stateless. Our proposals have built on the non-conducive powers to target a narrow cohort of naturalised Britons who are a real threat to our national security.

--- Later in debate ---

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I remind the hon. Gentleman that the point of an intervention is not to comment on a previous intervention, but to comment on what the Minister is saying. If he wants to challenge what the hon. Member for Slough (Fiona Mactaggart) said, perhaps he will try to catch my eye.

[James Brokenshire]

I am grateful to my hon. Friend, who has made his point. I am sure that he will make it again in the debate. He is right to underline the careful way in which we have framed the amendments.

Prevention and Suppression of Terrorism

Debate between Baroness Primarolo and James Brokenshire

Wednesday 10th July 2013 Commons Chamber

[James Brokenshire]

I thank all right hon. and hon. Members for their contributions to the debate, which has been well informed and well focused on the tasks at hand and the specifics of the order before the House.

Let me comment at the outset on the observations made by my hon. Friend the Member for Newark (Patrick Mercer) about the appalling murder in Woolwich of Drummer Lee Rigby. I am sure that all right hon. and hon. Members will join me in saying that all our thoughts and prayers are with the family in their preparation for Drummer Rigby’s funeral in just a few days’ time. Can I also echo—[Interruption.]

[Madam Deputy Speaker]

Order. Will the hon. Member for Harrow East (Bob Blackman) move away from the Front Bench? Only the Minister is supposed to be standing there, no other Member.

Protection of Freedoms Bill

Debate between Baroness Primarolo and James Brokenshire

Monday 19th March 2012 Commons Chamber

[James Brokenshire]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Lords amendment 2.

Lords amendment 3, and amendment (a) thereto.

Lords amendments 4 to 8.

Lords amendment 9, and amendment (a) thereto.

Lords amendments 10 to 15, 19 to 29, 56, 62, 64 to 66, 70 to 101, 114 to 116 and 134 to 137.

Protection of Freedoms Bill

Debate between Baroness Primarolo and James Brokenshire

Tuesday 11th October 2011 Commons Chamber

[James Brokenshire]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

New clause 14—Extension of pre-charge detention—

‘(1) The Secretary of State may by order extend the permitted period of detention under section 41 and Schedule 8 of the Terrorism Act 2000 to 28 days if the Attorney General has certified that exceptional circumstances apply;

(2) An order made under subsection (1) shall expire three months after commencement;

(3) The Secretary of State must arrange for a statement to be made to each House of Parliament as soon as possible once an order under subsection (1) has been made.

(4) A review of each order made under subsection (1) must be conducted by the Independent Reviewer of Terrorism Legislation, or a person appointed by him, and each review must be published as soon as any risk of prejudice to judicial proceedings has ceased to exist.

(5) Every year, the Secretary of State must lay before Parliament a report listing any orders made under subsection (1) since the commencement of this section, or since the date of the previous report as the case may be, explaining what exceptional circumstances applied in each case; and if—

(a) six weeks have elapsed from the report being laid, without the report being approved by a resolution of each House of Parliament, or

(b) either House of Parliament declines to approve the report by resolution

this section, and any order made under subsection (1), shall cease to have effect.

(6) When an order under subsection (1) is in force, a High Court judge may extend the period of detention without charge of any person arrested under section 41 of the Terrorism Act 2000 up to 28 days if he is satisfied that—

(a) the person has been lawfully arrested on reasonable suspicion of having committed a specified terrorist offence;

(b) it would be exceptionally difficult to decide whether to charge the suspect with a terrorist offence unless the suspect were to be detained without charge for more than 14 days;

(c) there are reasonable grounds for expecting that it would be possible to decide whether to charge the suspect with a terrorist offence if he were detained without charge for more than 14 days but no more than 28 days; and

(d) the public interest in the administration of justice would be undermined if the suspect were to be released without charge.

(7) An application to the High Court under subsection (6) requires the authorisation of the Director of Public Prosecutions.’.

Government amendments 79, 80 and 75.

[James Brokenshire]

The coalition’s programme for government committed the Government to reviewing counter-terrorism legislation. Included in this broad review was the issue of pre-charge detention. The Government are committed to making our counter-terrorism powers fairer and more effective, and they announced in January 201l that, following the results of the review of counter-terrorism and security powers, the limit on pre-charge detention for terrorist suspects should be reduced to 14 days. The 28 days order was always meant to be an exceptional provision; it had become the norm. The Government are not prepared to allow this to continue. The last 28 days order was therefore allowed to lapse on 24 January. The maximum limit for pre-charge detention is now 14 days.

There was a recognition—I will come on to this in the context of the counter-terrorism review—that it might be necessary in an emergency, in exceptional circumstances, for pre-charge detention to be extended back up to 28 days, and it was for that reason that the Government introduced fast-track legislation to pre-legislative scrutiny. I will come on to the pre-legislative scrutiny in due course, recognising that right hon. and hon. Members from the Joint Committee are here this evening, and I look forward to their contributions in this debate.

Immigration

Debate between Baroness Primarolo and James Brokenshire

Thursday 18th November 2010 Commons Chamber

[James Brokenshire]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the Minister responds, may I very gently remind him and others that this is a Back-Bench debate, and that some nine Members who have been sitting patiently in the Chamber for quite a long time wish to participate? I think the Front Benchers need to take some notice of that.

[James Brokenshire]

I am very grateful for that reminder, Madam Deputy Speaker. It is certainly important that we have as many contributions on the subject as possible, so I will seek to be as quick as I can in addressing some of the points. However, I hope that you will appreciate that this is a debate of interest, and I will therefore seek to put it in context.

The hon. Member for Ealing, Southall (Mr Sharma) mentioned talented individuals and entrepreneurs, and we want to make Britain a more attractive destination for those people. Last year the UK attracted only 275 high-value investors and entrepreneurs. As the Prime Minister said recently, we will reform the rules for entrepreneurs so that:

“If you have a great business idea, and you receive serious investment from a leading investor, you are welcome to set up your business in our country”.

Contributions have been made about students, and we know that work routes accounted for less than a quarter of the non-EU citizens entering Britain last year. The majority of non-EU migrants are in fact students. Including their dependants, they account for about two thirds of the visas issued last year under the points-based system. Many come here to study courses below degree level, and we have to question whether they are the brightest and best that Britain wants to attract.

Home Office data on compliance and student behaviour show that students studying in privately funded colleagues are much more likely not to have left the country after their visa expired than their counterparts in universities. Although we need to preserve our world-class academic institutions above and below degree level, we also need to stop abuses. I know that other Members have made that point.

We must also consider the issue of temporary versus permanent settlement. We realise that some argue that many of the workers and students who come here are temporary migrants who return home. However, in many cases that is not true. Of the skilled non-European economic area workers who came here in 2004, 40% were still here by 2009 and 30% had settled. We will need to return to that important issue.

Clearly change is seldom easy, particularly for those who have benefited directly from the current system, but if we do not create wider public confidence in our immigration system, public concern about immigration and social tensions will only increase. This Government are determined to create an immigration system that controls migration for the benefit of everyone in this country, and we shall bring forward our specific measures shortly once we have had a chance to consider all the points raised in the consultation, including here today.