Foreign National Offenders (Exclusion from the United Kingdom) Bill

Christopher Chope Excerpts

Friday 6th March 2015 Commons Chamber

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

I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on moving the Second Reading of his Bill today. I understand and share his desire to be firm in respect of foreign nationals who come to this country and commit crime, abuse our hospitality and create risk in our communities.

This Government have been firm in several ways in making changes to the law and to the process—the manner in which we go about dealing with these issues. We have other initiatives in policing and within the Home Office. We are also working cross-Government in doing our utmost, with other countries, to deal with documentation issues to make sure that identity is established and that foreign national offenders are returned having served their sentences. I entirely understand the points that my hon. Friend makes. In dealing with his Bill, I intend to set in context the changes that have been undertaken, their ongoing impact, and the focus that remains absolutely at the forefront of our minds in Government in seeing that more foreign national offenders are removed from this country.

I must firmly rebut a number of the accusations made by the hon. Member for Birmingham, Erdington (Jack Dromey). Labour in government created a system mired in bureaucracy where foreign national offenders were not considered appropriately, with systems established under the legacy UK Border Agency that were not fit for purpose. It therefore ill behoves him to suggest that there is any lack of rigour, focus or determination on the part of this Government to assure our borders and to ensure that we have the appropriate checks in place to deal with the very serious issue of foreign national offenders.

[Mr Christopher Chope (Christchurch) (Con)]

My hon. Friend will have seen page 25 of yesterday’s Daily Mail, which had a full-page article headed “Europe’s most wanted”, saying that they are here in the United Kingdom. It has pictures of 16 foreign criminals, mainly from eastern Europe, many of whom have been convicted in their own countries, who are on the run in this country. What is being done about this? It seems as though nothing much is being done about it.

[James Brokenshire]

A significant amount is being done. We are preventing a number of foreign national offenders from getting into this country in the first place by strengthening the data that we have at our borders through our warnings index and making sure that our Border Force officers have that information. There is the impact of the Schengen information system—the new means by which we are able to gain advantage from information from Europe such that people are unable to get into this country in the first place. There are also dedicated teams available to respond to those who abscond.

As my hon. Friend suggests, there is a further initiative to make the public aware. We have used that overseas to identify British citizens on the run in other European countries. I pay tribute to the work of the National Crime Agency in working with our counterparts in Spain and with Crimestoppers to ensure that those who are fleeing justice in this country are apprehended and brought to justice in this country. A significant amount of work is being done in-country on identifying those who would do us harm and on preventing people from coming in at the border—not forgetting those who are fleeing justice from our shores and who need to be brought to book here in this country. That is why this work is being undertaken.

UK Borders Control Bill

Christopher Chope Excerpts

Friday 9th January 2015 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

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

Let me share a chilling thought with the House. The United States had both the suspects of Wednesday’s Paris atrocity on its travel ban list, but the two French citizens who are the suspects were freely able to come to and go from the United Kingdom should they have so wished. That is one of the consequences of our lack of control over our borders, in stark contrast with the control that the United States has over its borders.

The principal attribute of a sovereign country is its ability and rights to control which aliens, that is non-citizens, can visit or stay and which cannot. That is the issue that the Prime Minister has correctly highlighted in his various speeches on immigration during the course of this Parliament. On 14 April 2011, he said that

“for too long, immigration has been too high. Between 1997 and 2009, 2.2 million more people came to live in this country than left to live abroad. That’s the largest influx of people Britain as ever had…and it has placed real pressures on communities up and down the country. Not just pressures on schools, housing and healthcare—though those have been serious…but social pressures too.”

He went on to talk about those social pressures and issues relating to integration. The Prime Minister referred to 2.2 million extra people coming to this country between 1997 and 2009, and it is against that background that the Conservative party manifesto for the last general election said that

“immigration today is too high and needs to be reduced. We do not need to attract people to do jobs that could be carried out by British citizens, given the right training and support. So we will take steps to take net migration back to the levels of the 1990s—tens of thousands a year, not hundreds of thousands.”

That led to the pledge.

What are the latest figures? They show that between June 2010 and June 2015—that is, over the course of this Parliament—we will have a net increase of migration into our country of a further 1.1 million. Roughly speaking, that is some 200,000 people a year for the first three years, 250,000 people last year and a similar number this year. That means that over the course of the five years of this Parliament, the rate of increase will be even greater than the rate of increase that was so rightly criticised by the Prime Minister in his speech in 2011 and that led to his concerns being reflected in the Conservative party manifesto. I welcome the Prime Minister’s recent reaffirmation in his speech on 29 November that he is determined to try to get net immigration down below 100,000 a year—in other words, to the tens of thousands.

It is worth considering a brief history of what has happened. The treaty of Rome in 1957 set out free movement for economically active people—in other words, for people who were working or self-employed. Everybody thought it was perfectly reasonable that someone who had a job could go and undertake it in another country within what was then the European Community comprising a much small number of nations. In the early 1990s, that right was extended to the non-economically active. Worst of all, article 8 of the treaty on the European Union conferred rights as European citizens on all those holding individual nationality of an individual member state. Against that background, this Government and this Parliament are severely constrained in what they are able to do about this matter unless we change the law along the lines set out in this Bill.

Clause 3 states:

“Section 7 of the Immigration Act 1988 is hereby repealed.”

That section, which is entitled “Persons exercising community rights and nationals of member States”, says:

“A person shall not under the principal Act require leave to enter or remain in the United Kingdom in any case in which he is entitled to do so by virtue of an enforceable Community right or of any provision made under section 2(2) of the European Communities Act 1972.”

It then goes on to explain how that will be implemented. Interestingly, although most of section 7 was passed into law on 20 July 1988, section 7(1) was not passed into law until 20 July 1994—six years later. I suspect that that is because the Government of the time realised in the late ’80s and early ’90s, when we had Prime Minister Thatcher in charge, that the implications of implementing it in full would potentially be very significant. Let us remember that at that stage net immigration into the United Kingdom, including immigration from the European Union, was running at about 37,000 a year. Now, over 120,000 people a year are coming in just from other countries within the European Union. In my submission, we need to ensure that the people who are currently given a privileged position under section 7 have that removed from them so that each case can be treated on its merits, as I think the public would wish.

The problem is that because of European law and the judgments that are passed by the European Court of Justice, even groups that we thought were exempt from the provisions of section 7 are now being included. In the case of Chen, for example, the United Kingdom initially made provision to allow the primary carers of European economic area residents—self-sufficient children —to seek leave to enter or remain under paragraph 257C to 257E of the immigration rules. In that case, it was ruled that those people were entitled to come in anyway. Whatever has been passed by the European Community has been extended in its impact, making it more difficult for us to be able to take control of our own borders.

Clause 1 reasserts the sovereignty of the United Kingdom in determining which non-UK citizens may enter our country and the circumstances in which non-UK citizens may be required to leave the United Kingdom.

Clause 2, which is entitled “Regulation of entry by non-UK citizens”, says:

“Notwithstanding the provisions of the European Communities Acts, or of any other Act or Order, Regulation or Directive, the United Kingdom retains the exclusive right to regulate entry by non-UK citizens to the United Kingdom and to determine the circumstances in which non-UK citizens may be required to leave the United Kingdom.”

I have referred already to clause 3. Clause 4 deals with registration certificates. Obviously, we must have some system of ensuring that people who are in this country who are not United Kingdom citizens are able easily to demonstrate their right to be in this country. That is why clause 4 states:

“From the date of the coming into force of this Act and notwithstanding the provisions of the European Communities Act 1972, any non-UK citizen resident in the United Kingdom without the authority to remain in the United Kingdom provided by a current visa, visa waiver, residence permit or other official document must apply for a registration certificate to confirm their right of residence in the United Kingdom.”

The clause goes on to set out how that would work. Certificates would be issued and administered by the Secretary of State, and the content of the forms and the grounds on which applications could be granted or refused would be prescribed by the Secretary of State.

The model that I used for those provisions is what is currently contained in the UK visas and immigration legislation, under which one can apply for a registration certificate. There is no requirement for a European economic area or Swiss national exercising treaty rights to fill in an application for such a registration certificate, but they are encouraged so to do because they can then demonstrate that they are entitled to be in the United Kingdom. Clause 4 would operate on that basis, except that under my Bill it would be mandatory for somebody to apply for a registration certificate and hold such a certificate.

As an aside, one can see what a farcical situation we have reached. The Government have said that they are concerned that a large number of people with criminal convictions from other European Union countries are coming into the United Kingdom, so I was encouraged when I saw that the application form for a registration certificate says under section 10:

“Please provide details as requested below of any criminal convictions you may have both in the UK and overseas.”

There is provision to set out all that detail. It is in the national interest that we should know whether people applying to come into this country have criminal convictions. There has been a series of well-publicised cases where people with previous criminal convictions have committed further crimes in the United Kingdom, which has caused outrage.That was fine, until I noticed that the form went on to say:

“However, please note that should you fail to provide this information this will not result in the rejection of your application.”

That is written in because the European Union will not allow us to require such information. This is just another example of the farcical situation that we are in at present, where we do not have control over the people entering and leaving our country.

Under clause 4, the registration certificate system would require people to fill in the form accurately and give information about their previous criminal convictions, in exactly the same way as anybody who wishes to go to the United States of America has to obtain a visa. If it is all right for the United States, why is it not all right for the United Kingdom, which is an attractive place to visit? People are not deterred from visiting the United States by such a requirement, and they would be no more inhibited from coming to our country if we had such requirements. The Bill would ensure that as far as possible people would be able to stay in the United Kingdom if they wanted to, provided they had registration certificates.

There is no point in issuing a command without having a sanction, so clause 5 states that anyone who is present in the United Kingdom after 31 December 2015 without legal authority or without having applied on or before that date for a registration certificate shall be guilty of an offence, as would anybody who entered or attempted to enter the United Kingdom without legal authority after that date. Clause 6 sets out the penalties. Under the current regime, there are no effective penalties against those who come into our country and we do not know how many such people there are.

In March 2014 I asked the Home Office for its

“most recent estimate…of the number of illegal immigrants employed in the UK; and what change there has been in this number since May 2010.”

The Minister for Security and Immigration, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire) answered:

“HM Government have not made any estimate of the number of illegal migrants currently employed in the UK. Given the clandestine nature of illegal migrants, any estimation is, by definition, extremely difficult and prone to considerable uncertainty.”—[Official Report, 3 April 2014; Vol. 578, c. 740W.]

He then went on to explain all the wonderful things the Government are doing.

On 7 April I asked the Minister

“how many illegal workers whose employment has been the subject of penalties pursuant to section 15 of the Immigration, Asylum and Nationality Act 2006 (a) have been deported and (b) are still in the UK.”

He replied:

“We are better placed than ever to identify and charge those working illegally…It would not be possible to provide the information requested without linking immigration case outcomes to our data on civil penalties issued on employers. This would incur disproportionate costs.”—[Official Report, 7 April 2014; Vol. 579, c. 116W.]

That was another completely useless response from a Government who are apparently trying to regain control over our borders, which has my full support, to ensure that the only people living here are those we really want to live here. As part of that process, of course, we need to know who those people are.

Where does one go for information about how many people are here illegally? One source of information is the Government’s December 2013 publication, “Sustaining services, ensuring fairness: Government response to the consultation on migrant access and financial contribution to NHS provision in England”. It estimates that, at any one time in England, there are about 2.5 million overseas visitors and migrants, of whom about 450,000 are from the European economic area, 1.4 million are from outside the EEA, 65,000 are ex-pats and 580,000 are irregulars,

“including failed asylum seekers liable to removal, people who have overstayed their visas and illegal immigrants”.

The Government document estimates that there are 580,000 people here who should not be here, and it goes on to explain the significant burden they are placing on the national health service in various ways and how they are not contributing as they should be.

That is the scale of the problem. There may be well over 500,000 people in this country who have no right to be here whatsoever. The Bill would, in a sense, flush them out, because if they did not have British citizenship, a residence permit or the right to stay here, they would be guilty of an offence.

I have raised before in this House the issue of what the Government are doing to enforce the provisions that make it illegal to be here without authority. I have been told that there is no need to introduce new legislative requirements, such as those in clauses 5 and 6, because section 24 of the Immigration Act 1971 is clear that people who are in breach of the provisions can be prosecuted. Section 24(1) on “Illegal entry and similar offences” states:

“A person who is not a British citizen shall be guilty of an offence punishable…with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:—(a) if…he knowingly enters the United Kingdom in breach of a deportation order or without leave; (b) if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either—(i) remains beyond the time limited by the leave; or (ii) fails to observe a condition of the leave; (c) if, having lawfully entered the United Kingdom without leave…remains without leave beyond the time allowed”,

and so on.

In the context of the very large numbers of people thought to be in the country illegally, one might think that we would exercise effective sanctions against them. I was therefore extremely disappointed, although I must tell the Minister that I was not that surprised, to find that in 2013 the number of defendants convicted for offences under section 24(1) in all cases of people overstaying their time limit for leave—there may be hundreds of thousands of them—was two in the magistrates court and four in the Crown court. There was only one conviction in the magistrates court and one in the Crown court under section 24(1)(b)(ii) for failing to observe leave conditions.

At the moment, even the existing law is not applied. People in this country illegally and in breach of their obligations are not prosecuted or proceeded against, which is nothing short of scandalous. That is another reason why the Bill would provide a fresh starting point. Everybody not here legally would have the opportunity to leave, to seek to regularise their position by applying for a certificate or to face the consequences of failing so to do.

If we won back control over our own system, we could require people coming into the country to provide fingerprints or DNA samples. At the moment, that matter is governed by the Eurodac regulations. I have done a lot of work on migrants crossing the Mediterranean, landing in Italy and finding their way into other parts of Europe. In Italy, they are often not processed at all: their fingerprints are not taken, so nobody knows that they have ever been in Italy, which means that they can ultimately present themselves in another country in the European Union and seek asylum. Some asylum seekers or migrants try to fight the system and refuse to give their fingerprints—the Italian authorities say they do not take their fingerprints because they refuse to give them—so I suggested that if such people do not want to give their fingerprints, we should take a sample of their DNA, but I was told that that would be illegal under the Eurodac regulations. This is crazy: what harm can there be in people seeking asylum supplying their DNA, particularly if they do not want to give their fingerprints?

[Sir William Cash (Stone) (Con)]

My hon. Friend will perhaps recall that a short time ago, I presented the United Kingdom Parliament (Sovereignty and Jurisdiction over Borders) Bill, which contains a provision that would deal with any difficulties that we have in respect of immigration policy by bypassing the European Court of Justice and using the hallowed formula, “notwithstanding the European Communities Act 1972”. All the regulations and provisions that would otherwise prevent us from getting proper control over our borders would be wiped away by taking that very simple step. What astonishes me is that that formula would return governance to this country. I hope that he will bear that in mind.

[Mr Chope]

I am grateful to my hon. Friend for that intervention. Not only have I borne that formula in mind; I have incorporated it into the text of my Bill in clauses 2 and 4. Clause 4 states:

“notwithstanding the provisions of the European Communities Act 1972”.

[Sir William Cash]

Superb.

[Mr Chope]

I am delighted that the Bill will have the even more enthusiastic support of my hon. Friend. I agree with him that there is no point in pretending that we can sort this problem out without distancing ourselves from all the European Union regulations. That is why I have drafted the Bill in a way that reasserts the sovereignty of this Parliament over the borders of our United Kingdom.

I am conscious of the time, Madam Deputy Speaker. I could carry on for a bit longer, not least to point out some of the practical shortcomings of the worthy proposals that the Prime Minister made in his speech on 29 November, but I will not do that and will instead sit down, having proposed the Second Reading of the Bill.

[Sir Edward Leigh (Gainsborough) (Con)]

My hon. Friend the Member for Christchurch (Mr Chope) has given a comprehensive description of his Bill. I do not need to follow him down that route and will speak very briefly indeed.

My hon. Friend was right to have this short debate to draw the attention of the House to what has become one of the most important issues facing our country. Managed migration works. We welcome people, in a managed way, who want to come here to live, work and make a contribution. That is good for the economy. There is no dispute about that, and neither was there any dispute in the early years of our membership of the European Union over whether the free movement of workers between economies that performed in fundamentally the same way worked.

Unfortunately, the whole system is breaking down. It is breaking down not just in our country, but across Europe. The reason it is breaking down is that we now have economies that perform on a very different level and that have very different levels of benefits—in countries such as Romania and Bulgaria. I make no criticism of Romanians or Bulgarians—they are wonderful people, they work hard and they are welcome to come here in a managed way. I have always warmly welcomed people of Polish and Lithuanian extraction. Nobody disputes that they should be welcome. However, because there are economies with very low wage and benefit rates, the cardinal principle of the European Union, which perhaps worked in the 1960s, 1970s and 1980s, simply does not work now.

This debate is exercising the whole nation, not just a small group of Conservative Back Benchers who are obsessed with European and want to criticise the European Union. Many people around Europe who take an intelligent interest in whether the European Union is functioning properly are concerned about this issue. There is concern about it throughout the Conservative party, from the bottom to the top, because we are simply reflecting public opinion. The public are concerned and, therefore, there is concern even at the level of the Prime Minister.

[Mr Chope]

Does my hon. Friend accept that another issue that concerns the public is the distortion of policy? If 120,000 people a year are coming in from the European Union and we cannot do anything about it, all the pressure is on trying to reduce the number of people who come in from outside the European Union, many of whom might be able to make a bigger contribution to our economy and society.

[Sir Edward Leigh]

Yes, and we have had that debate. Apparently there is also a debate inside the Government. Those such as the Home Secretary argue that we must effectively expel all people who have completed their course—as I think happens in the United States—so that the moment they complete their university or college education they must go back to India or wherever. We read in the press that, apparently, other members of the Government—such as the Chancellor of the Exchequer who is responsible for the good management of the economy—say that we must allow those people in. All the pressure now on the Home Secretary is to try and reduce immigration from elsewhere in the world, but those people may be essential to our economy. The whole system is not working well at the moment.

As I was saying, it is not only a small group of Conservative Back Benchers who are concerned with this matter, but the wider public and indeed the Prime Minister. We understand that when he was drafting his recent speech on immigration, right up to the last minute he was determined—indeed, he went to a parliamentary meeting and talked to colleagues—to take action in terms of having some control over our borders, such as an emergency brake or whatever. This Bill is a contribution to that debate, and we must have a serious debate, away from emotion, charges of racism and all that sort of nonsense, which obviously do not apply in this case. People simply want managed migration. The system is not working at the moment, and there must be a sensible debate.

It is simply not acceptable for the Chancellor of Germany to say that such a debate is a no-go area. If we are fortunate enough to see the return of a Conservative Government, there will be a referendum. At the moment we understand that the German Chancellor has said that the issue is a no-go area, and that if it is brought up in negotiations she will veto it and it will not happen. I do not think that is a good way to proceed. If we believe in the European Union but proceed in that way, all we are doing is fuelling the fire of Euroscepticism, and forcing more and more broad-minded people, who otherwise would support our membership of the EU, to say that we have to leave. If someone supports membership of the EU, they must believe that it needs to evolve. If we believe that because a principle worked well when the European Union had very few members it is some sort of religion that is set in stone and cannot be changed, all we do is fuel the fires of Euroscepticism, and indeed something much more sinister.

We see throughout Europe what I believe is the wrong view that states that everything is bad about our countries—I do not believe that for a moment; I think they are some of the most wonderful countries in the world—and that that is the fault of a particular minority. Today it might be Romanians, Bulgarians or Poles, but in the last century it was other minority groups such as Jewish people, and in the preceding centuries it might have been those of a different religious domination. If we do not have managed migration, and if the centrist parties—the Conservatives, Labour and the Liberals—do not have a sensible debate, all we do is fuel support for extremist parties that will run with this issue. There is no doubt about that. This serious matter needs to be addressed. It will not be resolved by my hon. Friend’s Bill, but we must have a managed, rational debate on managed migration. The Bill is the first step in the right direction, which is why I commend it.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on the Bill and on the debate he has started today.

The Bill raises important issues on the control of immigration to the UK. That is a key priority for the Government, and we have taken significant steps to strengthen the border and immigration system, including in respect of who is allowed to enter the UK and who is allowed to remain. I therefore strongly commend the intention behind my hon. Friend’s Bill, but I do not believe that the measures it contains are necessary. There are also aspects of the Bill that would be unlawful.

The measures contained in the Bill do not reflect the extent to which the new powers and other reforms to control immigration, which the Government have put in place already, provide an effective basis for controlling our borders. For example, the Immigration Act 2014 put in place a series of fundamental reforms that will ensure our immigration system is fairer to British citizens and legitimate migrants, and tougher on those with no right to be here. The 2014 Act limits the factors which draw illegal migrants to the UK and introduces tough domestic reforms to ensure that our controls on access to benefits and services, including the NHS and social housing, are among the tightest in Europe.

A number of my right hon. and hon. Friends have mentioned net migration numbers. Our reforms have cut net migration from outside the EU by nearly a quarter since 2010, close to levels not seen since the late 1990s. Under the previous Labour Government, more than 1 million EU nationals came to the UK from 2004 to 2010. As my hon. Friend the Member for Gainsborough (Sir Edward Leigh) said, managed migration works. Like him, I am positive about both this country today and the future. We have a diverse population, which makes the UK a great place to be. It is also worth saying that there are pockets of the country where there has been significant amounts of migration, but there are areas that have not seen great changes in population. According to the Office for National Statistics, my own constituency saw an increase in population of 200 between 2004 and 2013, and some of them will, of course, be UK nationals returning.

My hon. Friend the Member for Shipley (Philip Davies) raised the issue of our economy. We have a booming economy in this country compared with the rest of Europe. The job is not finished, but our long-term economic plan means that the prospects for this country and this economy are better than they are anywhere else. He is right about the number of jobs created here in the UK. I understand that over the last four and a half years, we have created more jobs here in the UK than have been created in the whole of the rest of the European Union combined. That is why there is a pull factor for people. I can well understand that. I can understand why somebody sees an opportunity to get a job in Britain and thinks that it offers a better chance. We can all sympathise with that and understand it, but we have to be clear that migration policy must be fair to UK nationals living here today.

The Government have fundamentally changed the system we inherited, under which an EU national could arrive in the UK and claim benefits shortly after their arrival and for a significant period, with few checks on whether they had a real chance of finding work here. Now, EU national jobseekers cannot claim benefits until they have been resident here for three months, and then only for three months before we test whether or not they have a genuine prospect of finding work in the UK. Now, they have no access to housing benefit, and we have introduced new powers to remove EU nationals who are not fulfilling the requirements for residence and to prevent their re-entry for 12 months. We have new powers, too, to deport EU national criminals more quickly.

The Immigration Act 2014 will strongly reinforce our work to secure our borders, enforce our immigration laws and continue to attract the brightest and best to the UK. Implementation is well advanced: many of the measures have gone live and are already having a positive impact on the ground. For example, we have revoked more than 4,500 driving licences held by illegal migrants, and since July 2014 we have deported more than 150 criminals, using new powers provided by the Act. New measures in it, including the immigration health surcharge and measures to tackle sham marriages and civil partnerships, will be introduced on a phased basis between now and April 2015. The Immigration Act also makes it easier to remove those with no right to be here and ensures that the courts must have regard to Parliament’s view of what the public interest requires in immigration cases, engaging the qualified right to respect private and family life under article 8 of the European convention on human rights.

[Mr Chope]

I sympathise with the Minister, given the responsibilities she has. I have just been looking at the immigration statistics issued on 27 November, covering the period July to September 2014. It says there that there were 9% fewer enforced removals from the United Kingdom compared with the previous 12 months. If the Government are getting so tough on deporting these people—quite rightly—why were there fewer removals in that period?

[Karen Bradley]

I thank my hon. Friend for his question and I shall come on to his comments. We must be clear, however, that the Immigration Act gives us new powers. We have powers to remove people without regard to the number of appeals that they could previously have used. We should look at the powers that we have today and the criminals we can deport today.

Foreign criminals and immigration offenders are no longer able to hide behind weak human rights claims to prevent their removal from the UK—something that they could do before. We do not need the Bill’s provisions to enable us to deport foreign criminals or remove immigration offenders. The Court of Appeal has now confirmed that the consideration of a family or private life claim must be conducted in the light of Parliament’s view of the public interest, as set out in the Immigration Act.

The measures taken by the Government have significantly strengthened the legal framework for our border and immigration system provided by the Immigration Act 1971 and other legislation, which regulates non-UK citizens’ entry to, and stay in, the UK. The legal framework and operational measures we have put in place provide and implement the powers needed to examine non-UK citizens before or on arrival in the UK to determine whether they should be admitted or granted or refused leave to enter, in accordance with the immigration rules and regulations laid before Parliament.

--- Later in debate ---

[Mr Chope]

Well, what a disappointment it is that the Government are not going to accept this Bill. I thought it was going to go through, but instead I am going to have to explain my disappointment to my constituents and to a wider audience. The debate has been useful, however, because it shows the extent of the constraints that this Parliament has chosen to impose on itself. [Interruption.] The Minister is agreeing with that. We have chosen to fetter our ability to control our borders, and this Bill would enable us to take the fetters off.

[Karen Bradley]

I just want to clarify what I was agreeing with. I thought my hon. Friend was going to talk about the great steps this Government have taken to ensure that we have managed migration. I apologise if I misunderstood what he was about to say.

[Mr Chope]

Nothing I have said, or that I intend to say, is designed to detract from the achievements of the Government. All I am saying is that despite the Government’s best efforts—as my hon. Friend the Member for Shipley (Philip Davies) said, this Government have been working a lot harder and more effectively on this than the previous Government did—faced with the evidence I have educed today, I do not see how under the current legal regime we are going to be able to reduce net migration into this country to the tens of thousands, rather than the hundreds of thousands as is the case at present.

The Prime Minister reasserted in his speech of 29 November his desire to get net migration down below 100,000. I agree with that. All I am saying is that I do not see how it is going to be done. We have got to have an open and honest debate about this, and it may well be that my hon. Friend the Member for Shipley is right that the only solution—unless we can get our EU colleagues to change the treaties, which seems to be a rather uphill struggle—is to put this issue to the British people in a referendum. They have not had the chance to have their say on this before because when we last had a referendum we had no concept of European citizenship and free movement of people, as imposed on us now. We could say to the people, “Do you wish to retake control of your own borders and re-establish ourselves as a sovereign nation with control over our own destiny, or do you wish to remain in perpetuity subservient to a supranational power, the European Union?” That is a clear proposition and I think it is implicit in what I have been saying that when presented with that choice I would choose freedom, sovereignty and democracy—and the rule of law.

I am therefore sorry that this Bill is not going to make any more progress. I could test the will of the House on it, but if I was to do that, I would jeopardise the chance of having even a very short canter round the next Bill on the Order Paper, so I beg to ask leave to withdraw the motion.

Motion and Bill, by leave, withdrawn.

Legal Highs

Christopher Chope Excerpts

Tuesday 1st July 2014 Westminster Hall

[Diana Johnson]

The hon. Gentleman is right. Online sale of these substances is worrying. Just this morning I read a description of a drug on pills4party.com:

“DEX powder–new generation of legal high”

produces a

“pure dose of euphoric energy and keeps you charged for all night long. DEX powder is perfect alternative to cocaine that gives you more than the Snowman Experience without any hassles.”

I am sure, Mr Chope, that you are fully aware of what the snowman experience is, although many of us find that rather baffling. That shows how these substances are being marketed for consumption by young people. Nobody can be under any illusion that they are not being marketed as recreational drugs. I have heard of internet sellers sending out free samples of new drugs that have emerged on the market. It seems to me that they are treating our children as guinea pigs.

Until a little while ago, Amazon was selling legal highs on its site, but due to work by the Angelus Foundation I think that it has removed them. Many local authorities have attempted to use trading standards legislation to close head shops down where there is a problem, but such attempts are rarely successful. Indeed, last year a prosecution was thrown out by the judge, who, although sympathetic to the need to close such shops down, said that the legislation simply was not fit for purpose.

One idea, which was used in Leeds, involved solvent legislation, but of course that applies only to selling solvents to someone who is under 18. By extending the solvents legislation, as has been done successfully in Ireland, we could give local authorities the powers they need to close head shops down. I should be grateful if the Minister said what he thought of that idea, which was proposed in an amendment tabled by the Opposition to the Anti-social Behaviour, Crime and Policing Bill. The Government saw fit not to support that amendment.

I was struck by the menu of ways to tackle the problem that the hon. Member for South Swindon proposed. I hope that the Minister will respond to some of those ideas.

My final point, which I have raised in many debates, is that there should be a proper drugs prevention strategy. The lack of one is the Government’s biggest failure. Legal highs have emerged as a new phenomenon, and the Government have done little to tackle the myths that have allowed those substances to take hold in the past few years. Even after a number of deaths, and the horror stories that we have read about and heard about today, some people still think that “legal” means “safe”. That misconception needs to be tackled head-on.

The Minister will claim to have invested in relaunching the Frank website and even to have launched a public awareness campaign last year, but it was too little, too late. In four years, just £67,000 has been spent on a one-off, limited campaign that generated just 75,000 web page views. That is feeble, when we consider that more than 650,000 young people have tried these substances.

Mr Chope, can I just check that the time for this debate has been extended to 4.15 pm?

[Mr Christopher Chope (in the Chair)]

For the avoidance of doubt, it continues until 4.14 pm.

[Diana Johnson]

I am grateful, Mr Chope. I did not want to eat into the time available to the Minister.

I pay tribute to the Angelus Foundation, which has done its best to get educational materials into schools and communities. It feels frustrated that the Government have not taken up the mantle on education in schools, in particular, which I think most hon. Members would think is important. Will the Minister talk to Public Health England, which also has a job to do in getting a message out?

A two-pronged approach is needed on prevention and education in schools, giving children the life skills they need. I know that it has been a long-standing commitment of the Liberal Democrats to have compulsory personal, social and health education in schools and, as a Liberal Democrat Minister in the coalition, I hope the Minister might be able to persuade the Education Secretary that that is a good idea.

Those are the four points that I want the Minister to address. I look forward to the review being published shortly, so that we can finally have a policy that gets to grips with this dreadful problem, which is growing and developing in all our constituencies.

HM Passport Office

Christopher Chope Excerpts

Thursday 12th June 2014 Commons Chamber

[Mrs May]

At the time those decisions were taken, the point was raised in the House and Ministers responded to it. It is absolutely right, from the Passport Office’s point of view, that it should look at how it can provide services as efficiently as possible. I want to make sure that in going ahead, we review how it is providing those processes and how it is operating its system so that we make sure that customers are getting the best possible service. But I return to the point that we have seen demand levels—applications for passports—higher than they have been for 12 years. Action has been taken and is continuing to be taken to ensure that we can deal with those applications.

[Mr Christopher Chope (Christchurch) (Con)]

Will my right hon. Friend spell out to us in the Chamber today what the criteria are for an urgent need to travel, so that everybody knows? Will she make arrangements to ensure that constituents who wish to express concerns can do so directly to their MPs, and that MPs can have a special hotline to communicate with the Passport Office?

[Mrs May]

My hon. Friend’s point about the qualification for urgent travel was raised by my hon. Friend the Member for Cambridge (Dr Huppert), and as I said to him earlier, the Passport Office will of course put full details on its website. Either I or the Minister for Security and Immigration will write urgently to Members of Parliament with the full details, so that every Member of Parliament is aware and can advise their constituents fully.

Illegal Immigrants (Criminal Sanctions) Bill

Christopher Chope Excerpts

Friday 17th January 2014 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

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

Flushed by my success on the previous Bill, I start by saying that many Members will remember the Government’s publicity campaign in which vans went around telling people that, if they were here illegally, they should leave or face penalties or arrest. In fact, on closer examination, it is clear that the warning signs on those vans were of no more value than the sign that someone puts at the end of his garden saying, “Trespassers will be prosecuted.”

There is no criminal law against normal trespass. Likewise, it is not a criminal offence to be in this country having entered without authority or having overstayed once the legal authority to be here has expired. I do not think I am alone in finding it extraordinary that people can be in the United Kingdom without legal authority with impunity. They are not guilty of any offence because there is no offence. We are prosecuting hundreds of thousands of people for watching television illicitly without a television licence, but people who are here having broken our immigration laws are not subject to any criminal sanction.

When I raised the matter with the Immigration Minister, whom I am delighted to see on the Front Bench for this debate, he said, “Wouldn’t it be rather pointless to make it a criminal offence, because you would be prosecuting people and locking them up in prison when what you want is for them to go home?” I have built the Bill around that point. The penalties set out in clause 2 would accommodate his concerns.

Clause 1 states:

“Any person who is present in the United Kingdom after 30 June 2014 without legal authority shall be guilty of an offence…Any person who after 30 June 2014 enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.”

We need to make it clear that the Government and our country do not tolerate people who break our immigration laws by coming into this country illicitly or by staying on after they should have left.

[Philip Davies (Shipley) (Con)]

I am grateful to my hon. Friend for giving way and I very much support his Bill. Does he agree that there is currently no deterrent to somebody chancing their arm and trying to get into this country illegally, because the worst that can happen to them is that they will be sent back to where they come from? If his Bill was passed, the risk of losing their liberty might deter them from trying in the first place.

[Mr Chope]

My hon. Friend is absolutely right. Let me give a bit of background. I discovered that when a bystander in the port of Poole sees illegal immigrants from the continent getting out of the back of a van or lorry and decides to call the police, the police are not interested because they have no power of arrest as the person has not committed a criminal offence. All they can do, if they are feeling generous with their time, is tell those people to go to Croydon to report to the immigration and nationality directorate, which will tell them how to get back home. Not surprisingly, such people do not go to Croydon but go elsewhere.

[Philip Davies]

Did my hon. Friend consider a more draconian measure for his Bill, such as saying that anybody who entered the country illegally would be greeted by the right hon. Member for Leicester East (Keith Vaz)?

[Mr Chope]

I do not think I can comment on that, particularly because the right hon. Member for Leicester East (Keith Vaz) is not in the Chamber.

We then come on to the question of penalties. Let me illustrate the point with an example. I have a constituency case of a person who came here on a visitor’s visa. As they are married to a British citizen, all they needed to do was keep renewing that visa but they did not apply for an extension within the specified time and as a result they have been refused a new visa. I discussed with them whether they should appeal against that refusal, but there is no power of appeal and the advice that is given is that if an in-country application for a visa extension is rejected the person should voluntarily make their own way back to the country from which they came as it is possible they might be subject to a deportation order in due course. Of course, under the law a deportation order is subject to appeal so the authorities do not want to make many such orders as the appeals would clog up the immigration tribunal system. People therefore overstay their visas with impunity as there is effectively no sanction against them. The only sanction arises if they want to visit their country of origin to see a relative or something like that, when they suddenly find that they do not have the right paperwork to get back into the country. They can lie low in this country with impunity for months or years.

I think it would be reasonable to say that somebody guilty of an offence on summary conviction should be subject to a maximum penalty of six months’ imprisonment or a fine that would be unlimited in England and Wales and would not exceed £5,000 in Scotland or Northern Ireland. A person would be brought before the court and, under the provisions of clause 2(2), would be ordered to be deported.

Unlike the present laws relating to deportation, which are rarely exercised, certainly for relatively minor offences—they are not applied in the cases to which I have referred—the deportation order would be mandatory unless the Secretary of State certified that it was against the public interest. In practice, the person would come before the court and, if found guilty, would be fined and deported or imprisoned, probably not for very long, pending deportation. The deportation would be ordered by the court, rather than the immigration authorities—the Border Agency—which is what happens at present.

An official from the Scotland Office contacted me, wondering what will happen in Scotland when the Bill is on the statute book. She pointed out that in Scotland deportation orders are not made by the courts; they merely make a recommendation to that effect. She agreed that there is nothing to stop the courts being given the power to make specific deportation orders, which I think is fundamental to clause 2. If people are here without legal authority, the most important thing is that they are deported as soon as possible, rather than kept in custody at great expense. Rather than being subject to a recommendation of deportation, they should just be subject to deportation.

While driving to the House this morning, I saw a big, brand-new van on which were the words, “Home Office Immigration Enforcement”. I could not see whether there was anybody inside the van, other than the driver. I suspect that the large lettering was designed to reassure the public that something is being done about all this, but my experience, which I have referred to briefly today, leads me to believe that that is another game of bluff and bluster by the Government and that, in reality, they do not have the will to ensure that our borders are kept secure and that people who enter illegally are found guilty of an offence. [Interruption.]

The hon. Member for Ealing North (Stephen Pound) is chuntering from the Opposition Front Bench. He might think it unusual for me to be concerned about Government policy, but I think that this is another area of Government policy that could be tightened significantly. That would be in accordance not only with public interest, but with the will of the public. In the popular mind, illegality means being against the criminal law, and if someone is guilty of a criminal offence they should be subject to the consequences.

[Dr Julian Lewis (New Forest East) (Con)]

It is unusual for my hon. Friend to reach this stage in the presentation of any of his multifarious Bills without making some reference in depth to the European Union. Will he explain what measures other European Union countries take when people overstay or enter illegally?

[Mr Chope]

Without having researched that in detail, and based upon my experience as Chairman of the Committee on Migration, Refugees and Displaced Persons of the Parliamentary Assembly of the Council of Europe, my answer is that practice varies significantly from one country to another. Some make being an illegal immigrant a criminal offence, but others do not. There is no uniform practice across the European Union—

[Dr Lewis]

So we cannot blame it for this one.

[Mr Chope]

I think that responsibility for this rests solely with the United Kingdom. While wearing the hat as I have just described, I have come across a lot of evidence of organised criminal networks bringing people into our country illegally. The networks are usually based overseas and take very large sums from often very unfortunate migrants.

Once the migrants get here, they can be assured that they are here with impunity, because they will be able to lie low and will not be subject to any criminal sanctions. That gives them a perverse incentive to come to the United Kingdom rather than go to another European country where the rules are stricter and being there without authority gives rise to criminal penalties and sanctions.

[Mr David Nuttall (Bury North) (Con)]

My hon. Friend is making a compelling case for his Bill. Since it was given its First Reading, has he received any objections to it from any quarter, and, if so, from which groups has he received them?

--- Later in debate ---

[Mr Chope]

The short answer is no. This Bill, like the Benefit Entitlement (Restriction) Bill, was the subject of a survey by the noble Lord Ashcroft, and it was even more popular, with well over three quarters of respondents supporting it and only a handful opposing it.

The Bill accords with common sense. It is popular and sensible, and I hope the Government will let it go through and facilitate its passage so that we get it on to the statute book very quickly.

--- Later in debate ---

[The Minister for Immigration (Mr Mark Harper)]

I have listened carefully to the debate. Although the Bill is not enormous, a wide range of issues have been touched on, including the scale of illegal immigration to Britain, why people may come here and the effectiveness of Government policy in removing people. My hon. Friend the Member for Christchurch (Mr Chope) spoke about some of the visible enforcement activity that he has seen.

Before I turn to the detailed provisions of the Bill, it might be helpful to the House if I set out a little of the context, which Members can bear in mind when they consider how they will vote on the Bill if my hon. Friend decides to test the will of the House. Immigration is an important subject, as is the question of those who have no right to be in Britain. Some illegal immigrants never had the right to be here, but still entered the United Kingdom. A more significant number of immigrants came here lawfully, but overstayed their welcome.

Why are people concerned about this matter? It is perfectly reasonable to be concerned, given the significant amount of migration, both legal and illegal, that we saw during the period of the last Labour Government. We only have statistics on legal migration because, by definition, it is very difficult to get a good handle on the level of unlawful migration. Net migration during that period was 2.2 million people. Despite what Labour likes to lead people to believe, the majority of those people came from outside the European Union, so it had full powers to do something about it.

We know that people are concerned about immigration and that they want tougher immigration controls. That was my party’s policy before the election and it is this Government’s policy. We have had a fair bit of success, with net migration down by nearly a third since 2010. I am afraid that it is not true, as the hon. Member for Croydon North (Mr Reed) said, that that is to do with a change in the number of British citizens. The most significant change is the fall in immigration. That has been put clearly on the record by the independent Office for National Statistics. Non-EU immigration to the United Kingdom is at its lowest level since 1998.

To be frank, it is true that the most recent figures showed a small increase. That was largely because of an increase in migration from the EU. However, that has come not from the parts of the EU that have recently been giving the press in this country the vapours, but from more traditional EU member states such as Spain and other countries in southern Europe which have economies that are performing less well. It is important to put that in context.

On illegal migration, which is the subject of the Bill, I want to put two points to my hon. Friend the Member for Christchurch that I hope he will find reassuring. A significant number of people who want to come to the United Kingdom illegally try to get here through our sea ports or the channel tunnel. He will be familiar with the fact that we have juxtaposed controls, which means that our border is effectively in France. We check freight vehicles, passenger transport that comes through the tunnel and transport on the ferries. Our UK Border Force officers, whom he mentioned, do an excellent job of preventing people from entering the UK illegally in the first place. In the year to the end of March 2013, for example, they prevented more than 11,000 people from entering. That is important, because if people cannot enter the United Kingdom illegally in the first place, the provisions in his Bill are unnecessary. We stop them at the border, which, with the juxtaposed controls, is in France, so they never get to our shores.

[Mr Chope]

The Minister says that 11,000 people were prevented from coming, but how many of them have subsequently got in without detection?

[Mr Harper]

My hon. Friend asks an unanswerable question, but it is also worth considering the checks that our immigration enforcement officers make. When they encounter people who are working illegally, they look at when those people entered the United Kingdom to test whether they got through our juxtaposed controls. When we examine both sets of people—those we stop and those we encounter in-country—the evidence is that our controls are effective. I would not pretend that they are 100% effective, but they are very effective in reducing the number of people coming into the country.

As I said, most people who are in the United Kingdom illegally did not come here illegally. They came here lawfully but for a limited period. They are either a visa national—someone from one of the countries where we have visa controls—who has applied for a visa either to study or to work here and has overstayed, or a non-visa national from whom a visa was not required, but who has been allowed to come into the UK for only a limited period, perhaps as a visitor, and has overstayed. In one sense, my hon. Friend was right to raise his concern, because under the previous Government, if someone applied in-country for the renewal of a visa and was refused—I believe that was the example he gave—nothing happened. That was quite wrong. With our immigration enforcement organisation, we have started to change that.

It is worth mentioning in passing one change that I believe was generally welcomed in the House, including by the Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), who has already been mentioned in this debate despite his not being here. Many people criticised the UK Border Agency, and when the Home Secretary split it up last year, one benefit was that our immigration enforcement operation—the part of the business that enforces the law and deals with illegal immigrants—was given a clear and separate identity. It still works closely with its colleagues in the rest of the Home Office, but we are creating much more of a visible law enforcement culture, which I think is what my hon. Friend the Member for Christchurch is looking for. He said that he had seen some immigration enforcement vans with their livery, which is a deliberate strategy to make people aware that we have legal powers and are taking action. In a moment, I will set out for him some statistics showing that we are stepping up that activity so that people know that we are being effective.

If we are to deal with overstayers, it is no good just having more effective controls at the border, because they were legal when they arrived in the UK. Clause 1 of my hon. Friend’s Bill refers not just to people who enter the UK without authority but to people who are present here, so it covers overstayers. He referred to overstayers being attracted to the UK because of their chances of being removed, but I will set out in a moment why I do not believe that was a correct conclusion. In the Immigration Bill, which is currently before Parliament and waiting for business managers to agree the timing of Report—that is well above my pay grade as a humble Minister of State, as he will know—there are a number of provisions to deal effectively with overstayers. For example, we will make it impossible for someone who is in the country unlawfully to rent property. They will not be able to get a driving licence, and if they have one we will be able to revoke it. They will not have access to a bank account, and we are toughening the law governing whether or not they will be able to work lawfully.

Importantly—several hon. Members have mentioned this—we are putting into primary legislation clear rules about the impact of article 8 of the European convention on human rights on our ability to remove foreign nationals, particularly if they are offenders. Judges have told us that despite having included such measures in secondary legislation, we have not given a clear enough steer to the judiciary. They have asked us to put that into primary legislation, and if my hon. Friend the Member for Christchurch and other hon. Members have taken the trouble to look at the Immigration Bill—I am sure they have—they will know that it contains clear statements about what the public interest requires, particularly regarding those guilty of criminal offences. Except in the most exceptional circumstances, we would expect someone guilty of an offence to be removed from the United Kingdom, and the Immigration Bill will contribute well to that.

My hon. Friend might also have spotted last October that we created the National Crime Agency, so as to be more effective in dealing with serious and organised crime. One part of that agency is the border policing command, part of which deals with the issues he raised about organised crime groups—based both inside and outside the United Kingdom—who are involved in people trafficking. Such trafficking could be either completely against someone’s will or when people effectively con others into coming to the United Kingdom by suggesting that all will be well, and perhaps charging them a fee. When people get to the UK, they then discover that things are not quite as they were led to believe, and sometimes they are almost in some kind of slavery or bonded arrangement, and are indebted to those organised crime groups. Hopefully, my hon. Friend will welcome the measures we have introduced.

My hon. Friend the Member for Shipley (Philip Davies), and my hon. Friend the Member for Christchurch when he introduced the Bill, spoke about exit checks. My hon. Friend the Member for Shipley said that we currently have no idea about who leaves the country, but that is not correct. Around 80% of those going into and out of the United Kingdom do so by air, around 10% by rail, and 10% by sea. For the vast majority of those travelling by air we have what is called advance passenger information, not only for those coming into the United Kingdom, but also for those leaving it. We use those data to protect ourselves from people coming in and to detect people who have perhaps had no right to be here and are leaving. We have that ability, but it needs to be improved.

My hon. Friend the Member for Shipley will know—I think he drew attention to this—that implementing exit checks was one of the commitments in the coalition agreement, and we are in the process of improving the coverage and the amount of data we collect. He will also know that the Immigration Bill contains provisions about outbound journeys, so that where we do not collect advance passenger information, the Home Secretary has the power—if we are not able to do it on a voluntary basis—to direct the carriers to work with the Home Office and perhaps collect some of that information. Such information is already collected for other reasons such as security and booking information, and so that we have more effective information about those coming to and from the United Kingdom. I do not pretend to my hon. Friend that the current position is perfect—it is not, and there is more work to do—but it is not as bleak as he set out. We have also had meetings with those in the rail and maritime sectors to consider what more we can do for those modes of travel.

I detected in the debate one or two remarks from my hon. Friends the Members for Christchurch, for Shipley and for Bury North (Mr Nuttall) about European Union nationals, and the extent to which there are legal provisions to deal with those coming from the European Union. I know that all three hon. Friends take a close interest in such matters, and they will have spotted that in December I laid before Parliament amendments to regulations covering the European economic area. We have taken steps to restrict access to benefits for EEA migrants—that was the subject of the previous Bill, and I am not sure that my hon. Friend the Member for Christchurch has caught up with the extent to which we have already changed the law, but I will not dwell on that.

We have already defined in those regulations some abuses of free movement, such as when people are not exercising their treaty rights—for example, not working, not looking for work, not studying, not self-sufficient, but rough sleeping, begging or taking part in criminality. In those cases, we have given ourselves the legal power—the Immigration Bill is about putting provisions in statute to deal with offences—to remove those individuals from the UK and, importantly and for the first time, to prevent them from returning for at least a year, unless they can demonstrate that they will immediately be exercising their treaty rights. That is a significant new power that EU Schengen countries cannot put into effect because they do not have internal border controls. We can put it into effect because we do have those controls. I hope that gives my hon. Friend some confidence that we can deal with those abusing the free movement rules.

Finally, before turning to the detailed provisions in the Bill, I want to touch on serious criminality. I think my hon. Friends the Members for Christchurch, for Shipley and for Bury North all talked about people committing not just offences to do with their immigration status, but more serious offences. In case they are not aware, I draw to their attention the joint working that the immigration enforcement directorate is doing with police forces, starting with the Metropolitan police, as part of a project called Nexus. It is not surprising, given that one third of London’s population are foreign nationals, that one third of criminals in London are also foreign nationals—they are not more likely to be criminals, but they are not less likely either.

We have opened up a new set of powers, and we are helping the police to use their powers more effectively. It is sometimes difficult to get the required level of evidence to prosecute a person even for serious criminality—for example, if they are involved in gang-related activity, it can be difficult, because of intimidation, to persuade witnesses to come forward—but if that person is a foreign national, it is sometimes possible to use our immigration powers to remove them from the UK and prevent them from returning. Since we started Nexus a year ago, we have removed more than 1,000 high-harm criminals and are now rolling it out to other parts of the UK with significant foreign national populations. We are working with West Midlands and Great Manchester police and—this will be of interest to you, Madam Deputy Speaker—Avon and Somerset constabulary to help them deal more effectively with criminality perpetrated by foreign nationals, which is welcome. I hope my hon. Friend the Member for Christchurch welcomes those provisions, if he was not otherwise familiar with them.

When talking about how attractive the Bill was, my hon. Friend, like my hon. Friends the Members for Shipley and for Bury North, mentioned the noble Lord Ashcroft’s extensive polling on these subjects. I am not sure what terms he used in his polling—whether he referred specifically to the Bill or just to its provisions—but it was probably correct to point out that the provisions were overwhelmingly supported by the general public. I am not at all surprised by that. One of my hon. Friends also said that the general public would be surprised that these things were not already against the law. I do not often agree with the Labour party, but the hon. Member for Croydon North was right that the provisions are already effectively in statute.

The general public are hugely in favour of these provisions—quite rightly; I would expect them to be—but, as I think my hon. Friend the Member for Shipley said, the general public are also right if they think that they already exist in law, because they do exist. It may be helpful, in trying to persuade my hon. Friend the Member for Christchurch not to pursue his Bill, briefly to set out the existing powers.

The Immigration Act 1971 provides for the two criminal offences set out in the Bill. Section 24(1)(a) of the 1971 Act makes an offence of

“knowingly entering the United Kingdom in breach of a deportation order or without leave”,

while section 24(1)(b) makes it an offence to “knowingly overstay or breach” the conditions of leave. The maximum penalty for both those offences on summary conviction is a fine of £5,000 and/or six months’ imprisonment, which is the same as proposed in the Bill—a spooky coincidence. Under section 24A of the Immigration Act 1971, it is an offence to obtain or seek to obtain leave to enter or remain in the United Kingdom by deception, or to secure or seek to secure the avoidance, postponement or revocation of enforcement action by deception—and the maximum penalty for that offence is £5,000 and/or six months’ imprisonment on summary conviction. On indictment, the penalty is two years’ imprisonment or an unlimited fine or both. I hope that Members can see that the offences proposed in the Bill are already on the statute book.

[Mr Chope]

I asked the Minister a question about the incidence of offences. Can he tell us how many people have been prosecuted and convicted in respect of each of the offences to which he has referred? In replying to the parliamentary question I asked him, he said that the information could not be obtained because it would be too expensive.

[Mr Harper]

My hon. Friend anticipates what I was about to say. He refers to a question he asked me a few Home Office Question Times ago. He basically asked me whether there was an offence in relation to this issue and why we did not prosecute people who are in this country unlawfully. I replied that that was against the law, but that our strategy was to secure such people’s removal from the United Kingdom. I think I made the point during that session of Home Office questions that it was not sensible, on the grounds of cost of the process, to prosecute everybody who is here unlawfully. My hon. Friend will know—he has expressed opinions about this before—that legal aid being what it is, the taxpayer would, even with our reforms, be likely to have to pay both prosecution and defence costs. Putting such offenders in prison would also be at taxpayers’ expense, and that would be necessary before we could remove them from the UK.

--- Later in debate ---

[Mr Harper]

Not only do 40,000 people a year leave, but in addition to those who leave voluntarily we enforce the removal of about 15,000 others, and that demonstrates that we are very effective. Part of the reason for the measures in the Immigration Bill is to make coming here illegally less attractive. We are also seeking to make it clear that people who come here unlawfully will find it difficult to be able to work; they will not have access to free treatment on the national health service; and they will not be able to have a bank account or a driving licence. In other words, it will be very difficult for them to be here. So it will be both less attractive to come here unlawfully and more attractive for those already here to leave, and the evidence shows that we are making progress on that.

The Bill contains another set of penalty provisions. The first set of penalties are the imprisonment and the fine, which of course are already in legislation. The Bill also proposes provisions on deportation and makes reference to the “public interest”. That doubtless relates to the points that my hon. Friend the Member for Christchurch made about the convention and the public interest test. Immigration legislation already provides for removal powers without the need to pursue a prosecution, so we have not only administration removal powers but deportation powers in criminal cases. Under schedule 2 to the Immigration Act 1971, immigration officers have the power to remove an illegal entrant. An illegal entrant is for these purposes defined as a person unlawfully entering or seeking to enter the United Kingdom in breach of a deportation order or of the immigration laws, or entering or seeking to enter by means which include deception. Unlike with the criminal sanction, there is no requirement for the migrant knowingly to be an illegal entrant. That is important, because it removes a defence which there would be in a criminal case in relation to the person having to know that they were breaching the law. Section 10 of the Immigration and Asylum Act 1999 gives immigration officers a power to remove a person who remains beyond the time limited by the leave—in other words, an overstayer. Once again, for the purpose of removal there is no requirement for the overstaying to have been knowingly committed.

Part I of the 1971 Act sets out the Secretary of State’s power to deport an individual where it is deemed to be conducive to the public good or where there is a court recommendation for deportation, and the UK Borders Act 2007 further sets out that, subject to the exemptions listed, where a foreign national is sentenced to at least 12 months’ imprisonment the Secretary of State must make a deportation order.

That is the point, welcome though it is, that has fallen foul of the provisions of the European convention on human rights. I agree with what my hon. Friend the Member for Shipley said when he expressed frustration about that, but that is why I hope that he welcomes the provisions in the Immigration Bill, which I set out. If he has not looked at them already, I can tell him that we have set out very clearly in them the public interest test. In other words, judges can weigh up the private interests of the people concerned against the public interest test that Parliament will set out, if it passes that Bill. If someone is a foreign national offender and they have committed a crime, the normal position is that they will be removed from the United Kingdom.

I think that my hon. Friend will also welcome the fact that the test makes it clear that if someone is here unlawfully or in a precarious immigration position—in other words, they are not here for very long—the court should put very little or no weight on any private or family interests built up during that period. Someone cannot come here unlawfully, create a family relationship and then expect that relationship to count, and to be a way of their avoiding being removed from the United Kingdom. That is very welcome, because I think that most Members, and most members of the public, will have the same view that I do: if someone has committed a serious offence, it is not right that they are able to stay in the United Kingdom because they have created some sort of family relationship while they should not have been here. I think that provision will be very welcome, and I hope that it will receive my hon. Friend’s support.

It is also worth saying that the removal powers that I have set out do not carry an in-country right of appeal before removal can take place. In the Immigration Bill, we propose extending the use of non-suspensive appeals so that we can remove more criminals whose article 3 rights are not engaged—in other words, those who would not suffer torture or worse in the country we are removing them to—before they are able to appeal. They will still have an appeal right, but it must be exercised out of country. My hunch is that appeals will not then take place, because most of those appeals are filed by people to try to delay their removal.

My hon. Friend the Member for Christchurch and other hon. Friends who support the measure are usually assiduous—this is a position that I welcome—and particularly on Fridays in persuading the House, whether by dint of argument or through their use of time, that where legislation is not necessary, it should not be passed by the House. I frequently marvel at their creativity. Sadly, as a Minister, it is an activity in which I am no longer able to partake. They give the House many reasons why many Bills which other Members may support should not be put on the statute book.

My plea to my hon. Friend the Member for Christchurch and my other hon. Friends is this. I hope that I have effectively demonstrated, as the hon. Member for Croydon North (Mr Reed) did, that these provisions are already on the statute book and are well supported by members of the public, as one would expect, given that they are sensible measures. Knowing my hon. Friends’ general sense that we should not burden the statute book with unnecessary legislation, I hope that they will acknowledge that the offences are already on the statute book, and will think it not worth troubling Parliament to pass legislation that does not give us any more tools to deal with those who abuse the law.

Finally, I hope that I have demonstrated that this Government, through some of the operational measures we are taking and the provisions in the Immigration Bill, are absolutely determined to address this issue, although we welcome those who come to the country lawfully. The hon. Member for Croydon North was right to put on the record that those who wish to come here lawfully to work, study and contribute to the country, and to pay taxes that make us all wealthier, are very welcome indeed. The Government are absolutely determined that those who have no right to be here or those who abuse our laws should be dealt with.

Having provided that clarity, I hope that my hon. Friend the Member for Christchurch will feel able to tell the House that he does not wish to proceed with the Bill, and I hope that I have not failed to convince him that that is the right course of action.

[Mr Chope]

I am grateful to the Minister for his thorough response. I shall look at it in great detail, along with the Immigration Bill, which I hope we will be able to discuss on Report sooner rather than later, because it is an important matter for the Government. I am surprised that they have delayed it so long. Taking into account what the Minister has said, I seek the leave of the House to withdraw the motion.

Motion and Bill, by leave, withdrawn.

Immigration (Bulgaria and Romania)

Christopher Chope Excerpts

Thursday 19th December 2013 Westminster Hall

[Keith Vaz]

It is intense, but I think we can deal with such issues. It is right that in the first wave of enlargement, a million people came, but a lot of those people have returned. We will come on to benefits later, but what upsets people more than anything else is the issue of those who, for example, claim benefits in the United Kingdom—38,000 from the EU—yet their children live in other EU countries. There are simple changes that we could make to satisfy our constituents, because I do not believe that the Romanians and Bulgarians who will come to this country are coming to go on benefits. They are coming to work. The migration process is for that purpose. Last week, the Select Committee had before it the chairman of the Migration Advisory Committee. We specifically asked Sir David Metcalf whether the Government asked him and his committee to conduct research into the number of people coming into this country after 31 December. He specifically said no. He said that they are set their homework by the Government, and the Government did not ask them to do that. I think that that is big mistake. We have estimates of annual migration that vary from 10,000, according to the Bulgarian ambassador; 20,000, according to the Romanian ambassador; and 50,000, according to Migration Watch. We have such problems because the Government were not prepared to ask the very body they established.

[Mr Christopher Chope (Christchurch) (Con)]

On the issue of changing the benefits system, does the right hon. Gentleman agree that it is difficult to contemplate the Government making changes when, at the moment, they do not even have data on the nationality of individual claimants? Back in January this year, I was told in answer to a parliamentary question that the UK’s benefit payment systems do not record details of claimants’ nationality. The most basic information is not being sought by the Government.

[Keith Vaz]

I agree with the hon. Gentleman; he is absolutely right. That is why we wanted the Migration Advisory Committee to assist.

--- Later in debate ---

[Mr Philip Hollobone (Kettering) (Con)]

The pleasure of serving under your chairmanship, Ms Dorries, is matched only by my joy at listening to the remarks of my hon. Friend the Member for Amber Valley (Nigel Mills) when he opened the debate. I was also heartened by the contributions from the right hon. Member for Leicester East (Keith Vaz) and my hon. Friend the Member for Wellingborough (Mr Bone).

It says a lot that no Liberal Democrat MPs are present to debate this important issue. Not one of them could be bothered to turn up to the debate. They have gone on holiday a day earlier rather than talk about the most important issue on our constituents’ minds. At least the Labour party has one right hon. Member present on the Back Benches, and of course a presence on the Front Bench. There are 16 Conservative Members of Parliament here, because we listen to the concerns of our constituents and we know that this is an important issue.

[Mr Chope]

Does my hon. Friend agree that perhaps the Liberal Democrats are not here because they know that in the quad—the extraordinary way in which the coalition is run—they have an effective veto? There is no need for them to come, because they know that they have a stranglehold over Government policy.

[Mr Hollobone]

That may well be right. I am sure my hon. Friend agrees that in a debate on a subject of such importance, some Liberal Democrat Members should have been present, not only to tell us their views but to listen to those of other Members of Parliament. Parliament is here to debate such issues, whether we agree with each other or not. By not turning up at all, Liberal Democrats are effectively refusing to engage with this important question.

Let me put my cards firmly on the table. I am not a supporter of our membership of the European Union. I believe that we should leave, and I support the Conservative party’s call for a referendum to give my constituents and others across the land their say about whether we should remain members. It represented a catastrophic loss of confidence in the nation’s future in the 1960s and 1970s that we decided to join the then Common Market, which mutated into the European Economic Community, the European Community and finally the European Union.

An individual would have to be in at least their mid-50s to have been able to take part in the referendum in 1975 on whether we should remain members, so a whole generation of the British public have never had their say on the matter. I am four-square behind the Conservative party manifesto promise to give the British people a say in 2017 on whether we should stay in or get out. I will vote to leave. I do not believe that renegotiation will work. I am not entirely convinced that Her Majesty’s Government will take the renegotiation as seriously as they should, but more or less nothing that could be achieved in the renegotiation would convince me that Britain was better off in the European Union. One reason for that is the cost; our annual membership fee is £10 billion and rising. Over the course of the coalition Government’s term, our total membership subscription will be almost twice what it was under the final term of the previous Labour Government. Our membership fee is simply too expensive. The other big reason why I will vote to leave is the reason we are here today.

--- Later in debate ---

[Mr Ellwood]

The hon. Gentleman makes my point for me, because in trying to make his point, he brackets me. I am trying to say that we should not have these brackets, but unfortunately the way that the arguments often go is that people get shunted, one way or another, into these brackets. I am saying that they are wrong and it does not help the debate about what we are focusing on today, which is immigration and dealing with the prospect of what will happen on 1 January with Bulgaria and Romania. I would like to have a more cognitive debate, a more measured debate, and less one that is based either on fear or emotion. Consequently I apologise to my hon. Friend if in any way he felt offended by what I said.

Managed migration certainly has enormous benefits: for education; for business; and for filling the gaps in the labour market, which have been mentioned already.

[Mr Chope]

Will my hon. Friend give way?

[Mr Ellwood]

I will just finish this point. However, the key word is “managed”. I am looking around the Chamber and—Ms Dorries, you seem to have changed. [Laughter.] I am looking around the Chamber and I think that we would all agree, bar possibly the Front-Bench spokesmen, that migration has not been managed well, particularly during the last decade.

I give way to my hon. Friend from a neighbouring constituency.

[Mr Chope]

I was going to take up the same point about the issue of “managed” migration. Is not the issue that we face, in dealing with our constituents’ concerns about immigration, that at the moment we as a country are not in a position where we can manage our own borders and decide who can come to our country, and who can stay and receive benefits. Surely we should be emphasising that, as a sovereign country, we should be able to determine these issues ourselves and not have solutions to them imposed on us by the European Union?

[Mr Ellwood]

My hon. Friend makes an important point. I listened to his contribution earlier too. I was making the point that, during the past decade, huge mistakes have been made—I will discuss them shortly—but now there are measures in place to rectify that situation.

I am honoured to represent Bournemouth East, a wonderful part of Great Britain that very much reflects the national approach to running a liberal, open, free market economy. As a seaside town, we are reliant on both domestic and overseas visitors. We are served by an international airport and we have a university that is internationally recognised as one of the best in the world for digital and creative arts. We attract international businesses. JP Morgan, a US bank, and one of the biggest banks, is the largest employer in Bournemouth; our water company is run by a Malaysian company; our Yellow Buses transport company is French-owned; and, yes, the football club is owned by a Russian. Our tourism sector is huge. We are heavily reliant on overseas workers to do the jobs many British people refuse to do, because the dog’s breakfast of our benefits system has perverse incentives, resulting in people being worse off if they gain part-time employment. That left gaps in the employment market that needed to be filled.

I worry that, unless our debate on immigration is measured, rational and, of course, resolute, the unintended consequence of leaping to solutions, such as those calls we heard today to leave the EU, will damage or possibly kill off genuine international interest in inward-investment opportunities, as well as export prospects and British influence abroad. The perception will prevail—indeed, it will be promoted by other countries that are competing against us—that Britain is not open for business.

We should not forget our heritage and who we are. We are a nation with a rich history of immigration, as my hon. Friend the Member for Braintree (Mr Newmark), who is sadly no longer in his place, articulated in a previous immigration debate. This island has been invaded, or settled in other forms, by Angles, Jutes and Norsemen in the dark ages, Normans, Jews and Huguenots in the middle ages, Italians and Irishmen in the 1800s and, more recently, people from the Caribbean and the Asian sector, as well. Our monarchy was, on more than one occasion, short of an obvious candidate for the top job, and we invited outsiders to fill that post, such as William and Mary of Orange, for example, or George I, Queen Anne having no surviving children. We need to be honest about our past.

We have also taken more than a shine to emigrating to all corners of the globe in the past 600 years. Britain has prospered, since the war, thanks to expanding trade links with Europe, and British and European security has improved, thanks to Britain championing the case for bringing nations that languished behind the iron curtain into NATO and the EU. We have been one of the strongest supporters of the single market. Naturally, our concerns about Bulgaria and Romania will be repeated when, in due course, Turkey, Ukraine and Bosnia hopefully enter the wider market. It is in our interests that the European market should grow, for all our citizens and businesses to have the opportunity to work in other European countries.

It is no coincidence that our attitude to being international now means that 80% of the cars that we produce are exported, 50% of them into the EU. That would not happen if we did not have the approach to internationalism that we have today.

--- Later in debate ---

[Mr Christopher Chope (Christchurch) (Con)]

I congratulate my hon. Friend the Member for Amber Valley (Nigel Mills) on securing this important debate. I share his frustration at not being able to have a debate on the splendid new clause he has tabled on the Immigration Bill prior to the day of reckoning: 1 January 2014. The Government’s failure to organise such a debate is symptomatic of the causes of much cynicism among the public, because there is a big credibility gap between the politicians—the elected representatives—and our electors, who are absolutely of one mind that we must do something to address the problem. The Government, instead of addressing it and facing up to my hon. Friend’s new clause, have decided to defer consideration until the new year.

Those of us who argue that we should continue with transitional arrangements are finding common cause with Romania’s jobs Minister, Mariana Câmpeanu, who was reported in The Sun on Sunday on 15 December as being concerned that Romania has lost 3 million people since joining the European Union, many of whom are its most able and mobile workers. She said that she could do nothing to stop such people leaving for what she described as a “better life”, but she despaired that this country has a benefits system that discourages our people from working.

The same article, which was drawn to my attention in particular because one of the companies mentioned is based in my constituency, describes British companies going to Bucharest to recruit Romanian workers. The example from my constituency is of a company that goes out to recruit heavy goods vehicle or van drivers, because the HGV and van drivers available in this country are not prepared to do the extraordinary out-of-hours work or the one-off. They are prepared only to work the regular 40-hour week, and Romanian workers are much more flexible. If the Minister is not already aware of it, it is worth drawing his attention to a further complication caused by the driver qualification card, which the European Union now demands that professional drivers possess. Many van and HGV drivers in this country do not have it, and they must go through an expensive safety course in order to get one. In Romania, however, almost all of them have the card. The article quotes a taxi driver who says:

“You only have to drive for 10 minutes to pass the test.”

Such people will come to this country with this EU qualification, which will enable them to access work that our own people will not unless they undergo expensive training.

That is another adverse consequence of our membership of the European Union. The challenge for the Minister is how to solve the problems, which are of such concern to our constituents, if we do not leave the European Union. What is being said at the moment is, “Don’t worry; we’re going to change the rules.” My hon. Friend the Member for Bury St Edmunds (Mr Ruffley) was just saying that the Prime Minister had floated a cap on the number of immigrants. That is the point. He has floated the idea, but he knows that he cannot possibly deliver. If there was any doubt about that, why is it that the European Court of Justice is now considering our habitual residence test, which is a modest control over access to benefits? We might hope that the European Union was moderating its view and becoming more reasonable about our country’s rights to decide who should be able to access taxpayer-funded benefits, but there is no evidence on the ground that that is what is happening. In fact, it is quite the reverse.

Meanwhile, as I heard in this room yesterday when I was in the Chair, our constituents are complaining about numbers of rough sleepers and homeless people, shortages of housing and of school places, particularly in primary schools, and pressure on hospitals. We have heard today about the pressure on the criminal detection and enforcement agencies, because of the propensity of certain groups of Romanians to engage in low-level crime. We have problems with building on green-belt land and so on. So many of these problems are associated with the fact that we are allowing this country’s population to rise far faster and to a greater extent than the people want. We are a small island. We are the most densely populated part of the European Union. Enough is enough. We are now facing large numbers of additional people coming to our country and we can do nothing about it.

Most of the figures are fiddled. When one prepares for a debate such as this, one is normally surprised at the information that comes from the brilliant researchers in our House of Commons Library. I will close by drawing attention to the disparity that they have identified between the number of people estimated to have come from Bulgaria and Romania on one criterion—the one that the Government use—which says that net migration averages at fewer than 10,000 since 2007, and on another, which shows that the increase has been 25,000 a year or 148,000 in total over that period. The helpful Library note also refers to a report from July 2012 by the Office for National Statistics and states that

“there is evidence to suggest that estimates of migration flows between 2001 and 2011 may have underestimated the full extent of international migration.”

When the Government say that they are going to reduce net migration from hundreds of thousands to tens of thousands, they are using figures that probably underestimate by half the actual extent of that migration. Even those figures are not correct.

In responding to the debate, I hope that the excellent Minister will be able to say how he thinks we can sort out these problems quickly, in line with the wishes of the British people and without leaving the European Union.

Citizenship (Armed Forces) Bill

Christopher Chope Excerpts

Friday 13th September 2013 Commons Chamber

[Jonathan Lord]

I am reminded by people with much more experience in the House than I have that it is unwise to accept unnecessary amendments to private Members’ Bills. The bar is already high enough for getting such a Bill on to the statute book. That said, it is an issue that we should look at. The key point is that the Bill would remedy the deficit that we have identified, and any armed services personnel from foreign or Commonwealth countries would not suffer such discrimination.

[Mr Christopher Chope (Christchurch) (Con)]

As I understand it, the Government said in the Queen’s Speech that they would introduce an immigration Bill, which could include nationality issues. Surely this proposal would be much better suited to that Bill, as we could then have a full range of amendments, including the one to which my hon. Friend the Member for Central Devon (Mel Stride) referred.

[Jonathan Lord]

The key point is that the Bill would remedy a simple problem. I know, from having talked to the Minister, that the planned nationality Bill will have specific needs in mind, and he would not necessarily wish to take on board this aspect of immigration issues in case it perhaps encouraged more mischievous amendments and additions.

[Jonathan Lord]

I am pleased to say that most of the major Army charities, which do such wonderful work supporting our service personnel, our ex-service personnel and their families, are very supportive of the Bill. Like other hon. Members, I attend Remembrance day services and rattle tins for the Royal British Legion—the local branches in Woking and other areas of Surrey are hugely supportive of the Bill.

Veterans Aid, an important charity in this area, has said of the Bill:

“We warmly welcome any initiative that removes obstacles to those who have served this country with honour from settling here legally and have campaigned on this issue. Veterans Aid, more than any other military charity, has championed the cause of Foreign & Commonwealth servicemen and women disadvantaged, through no fault of their own, by bureaucracy that is demonstrably at odds with the spirit of the Military Covenant. This was an injustice and we applaud the Government and Jonathan Lord for listening. We still have many cases in being but this will definitely help us move things forward for quite a few of our clients.”

[Mr Chope]

I am sorry to return to my earlier intervention, but if this change is supported by the Government, why do they not bring this measure forward in their immigration Bill? Then we would be able to test whether this very narrow Bill is too narrow and should be extended to a wider range of people. For example, a constituent of mine married a Russian citizen and they have been working in Russia in the UK interest for 18 years. Because they have been working outside the country, that lady cannot get British citizenship without coming back to the UK.

[Jonathan Lord]

I think I answered that point clearly before. I am very happy with the narrow definition of the Bill. Its aims are clear to everyone, and it would do what it says on the tin. It is welcomed by military and veterans charities, and I believe it is welcomed across the House.

[Jonathan Lord]

My hon. Friend makes a very good point. That is absolutely the case. It is my understanding that the Government and all other parties will support the Bill, given the cross-party support for the armed forces covenant, and agree that the issue is best addressed through a private Member’s Bill. I do not know exactly what Bills on immigration and nationality the Government intend to introduce. That is a matter for the Government and as Back Benchers we will have to wait and see, but I am extremely happy and honoured to try to pilot the Bill through the House and, with cross-party support, hopefully on to the statute book.

[Mr Chope]

My hon. Friend says that an immigration Bill is a matter for the Government, but it seems, by the way he is introducing his Bill, that his Bill is a matter for the Government too.

[Jonathan Lord]

My hon. Friend makes a fair point—the Bill has the complete support of the Government. It is also in keeping with measures the previous Government were starting to talk about, and with the will of the House as expressed by Committees and sub-committees. There is a wish to ensure that the armed services covenant is not just fine words. Where there are anomalies, with service personnel or ex-service personnel being disadvantaged, they must be put right as soon as possible. If the Bill progresses, we will be able to do that before the introduction of any Government legislation on nationality and immigration. That is surely to be welcomed.

--- Later in debate ---

[Jonathan Lord]

I am not aware that any charities, military or otherwise, are against the Bill. I am sure that if any charities that are unaware of the Bill were to listen to the debate—which I hope will have cross-party support—they would also be convinced of its merit, alongside our wonderful military charities.

The Bill will give the Secretary of State the discretion to waive the requirement that an applicant for naturalisation should have been in the United Kingdom at the beginning of the five-year residence period as laid out under the 1981 Act. This will apply only to those who are, or have been, members of the armed forces. This will ensure that all foreign and Commonwealth citizens who are serving, or have served, in the forces are able to apply for naturalisation on equal terms, regardless of whether they were posted in the UK or abroad.

[Mr Chope]

Will the Bill have retrospective effect?

[Jonathan Lord]

The Bill will apply to cases from now on. By definition, those applying for citizenship under the naturalisation rule have to have been in the UK five years before, so it is definitely for all cases going forward. I hope the Minister will help me by ensuring that we know about any potential retrospective action.

--- Later in debate ---

[Mr Chope]

Will my hon. Friend explain the ambit of the term “armed forces”? Will it, for example, cover the support staff, engineers and technicians who support our armed forces? Let us take as an example the base at Akrotiri. How many of the people working on that base will be covered by the Bill?

[Jonathan Lord]

It is my understanding that all those serving in the armed forces will come under the aegis of the Bill, but they will have to be members of the armed forces; it will not cover a local cook or a local cleaner supporting a barracks.

--- Later in debate ---

[Jonathan Lord]

I could not agree more with my hon. Friend. That is the key point to which this House needs to address itself. What my hon. Friend describes would be a travesty, and I am sure that it has happened to service personnel posted abroad. I read out the example of the overseas service of soldiers from 1st Battalion the Welsh Guards, who will shortly be based in my constituency. As I said, they have seen service overseas in Bosnia, Afghanistan and in many other conflict zones. It is quite invidious that when it comes to their path to citizenship, they should be penalised for their service in such dangerous territories at such difficult times.

[Mr Chope]

My hon. Friend describes a situation in which it seems as if almost everybody in the Welsh Guards is a foreigner. Surely we are talking about very small numbers of people. At a time when our armed forces are being reduced in number and it is becoming more difficult for people to get into the armed forces, should not the policy of the Government be to ensure, as far as possible, that British people rather than foreign people join our armed forces?

[Jonathan Lord]

My hon. Friend makes an interesting point. There are more than 9,000 foreign and Commonwealth personnel in our armed forces. A little later in my speech, I shall go into more detail about some of the nationalities that the Bill is most likely to affect. I think it important for young British men and women to see the merits of serving their country, and I would certainly encourage them to sign up, but I would also say that some of our bravest and best soldiers in the past have been from the Commonwealth or even occasionally from non-Commonwealth foreign countries.

I recently attended a morning of prayer at the Muslim burial grounds in my constituency. This event was for soldiers from India who had served in the first world war, when the Germans had put around the rumour that if those people were killed in battle, they would not receive a proper burial. In my constituency it was clear even that long ago that there were brave men and women of what later came to be called Commonwealth origin fighting just as hard on European battlefields for Queen and country, democracy and the rule of law and against aggression as we have seen in more recent years. Clearly, this history and tradition of service in our armed forces of foreign and Commonwealth personnel goes back a long way, and I do not think that our Army should discriminate unduly against these incredible young men and women from overseas who want to carry on that tradition. As I shall explain later, it is mainly just a few nationalities that have had this wonderful tradition of serving in our armed forces so gallantly in the past. I see no reason why they should not continue to do so equally gallantly in the future.

--- Later in debate ---

[Sir Edward Leigh]

You, Mr Speaker, must have immediately spotted this: I am sorry, but I misspoke as my hon. Friend the Member for Christchurch and I only arrived in the House in 1983. We have been here so long, and sometimes old men forget. We are not responsible for this Act, therefore, so that question will have to go to the Minister, and I am very happy to pass it on to him.

[Mr Chope]

Is not the implication of this that somebody who has not set foot in this country for five years will be able to become a naturalised citizen? Is that the purpose of this Bill?

[Sir Edward Leigh]

The Bill’s promoter is unavoidably absent from the Chamber for a few moments, but he will have to answer that question. My understanding, however, is that the answer is yes. We are creating a special dispensation today because we say, “Surely if someone has served their country for five years, they should not be disadvantaged in getting British citizenship just because they have been serving in Afghanistan or elsewhere.” That may be a controversial statement but what greater qualification is there to become a citizen of a country than to have served that country?

All armies in history have done that. The quickest and best way to become a citizen of the Roman empire was to join a Roman legion, and there was very good thinking behind that. I do not think we should be in a different position, but, again, this is for the Minister to answer. I am still not clear, however, not only about exactly how many people will be involved, but whether, if this Bill becomes law and the 1981 Act is still in place, someone who has joined the armed forces, behaved well and served for five years but has never set foot in this country will pretty well have an automatic right to become a British citizen. They will have to go through the normal processes, of course, but is that the thinking? I am not sure whether I have had an answer to that yet. I know some people watching this debate may not agree with that, but I just ask the question—I am not sure I have an answer myself. Are we now moving to a situation where someone who joins the British forces, serves overseas all that time and never sets foot in this country can become British citizen? Will the Minister please make a particular note of that question and answer it.

I ask that because the 1981 Act requires that

“on the date of the application he is serving outside the United Kingdom in Crown service”.

No minimum period of service is specified, nor is there any requirement to be present in the UK at any particular time. However, those who are not overseas or not still in service at the time of applying for naturalisation cannot benefit from the provision. These are all technical but important points.

The provisions made in the 1981 Act are, however, used sparingly, as we know. Home Office guidance sets out that criteria such as rank and quality of service should be considered when assessing applications. Quality of service is of key importance in the assessment, with applications that do not satisfy on that ground being unlikely to be accepted, regardless of whether they satisfy statutory requirements.

The amendments made by the Borders, Citizenship and Immigration Act 2009 give the Secretary of State discretion to waive all residential requirements where

“a particular case…is an armed forces case”,

where the applicant was a member of the armed forces on the date of the application. That does not, however, cater for individuals who have left the armed forces. I have said enough to reveal that these are complex legal areas that need to be tidied up.

Before I sit down, I wish to make a more general point about the armed forces, a subject in which I take a great interest as chairman of the Conservative party’s Back-Bench defence and foreign affairs committee. I hope that you will forgive me, Mr Speaker, if I use this opportunity to say that I am worried about the number of personnel in our armed forces and what is happening to our armed forces. I am now ranging a bit wide of the narrow point we are discussing. It has been a turbulent time in the Ministry of Defence, with a report due on the Defence Reform Bill at the end of October. A budget cut of 1.9% for 2015 will add to the large-scale cuts that have already been taking place, including recent reductions in the number of senior military officers. Many critics have voiced fears that such reductions could leave the UK with a smaller than adequate armed service.

[Sir Edward Leigh]

I know I was being cheeky, Mr Speaker, but I could not resist the opportunity to try to expound on what is happening to our armed forces. I will not say any more about total defence spending, but, on personnel, I will make the following point. As of 2012, there were 750 non-UK citizens serving in the Royal Navy, which is relatively few of the 33,190 trained personnel; 7,640 non-UK citizens were serving in the Army, out of a total of 94,000 trained personnel; and only 120 non-UK citizens were serving in the Royal Air Force, which is a very small proportion of the 38,000. Intake of black and minority ethnic personnel at the higher levels of the UK regular forces is incredibly low, with only 20 officers joining in 2011 out of a total of 1,070. In the context of the wider armed forces debate, this is an opportunity for the Minister to talk about recruitment and his policy on attracting—or not attracting—people from Commonwealth countries to join the armed forces.

I also hope that the Minister will say a bit about that context and how the Bill will affect the immigration debate in total. I suspect that that is what lay behind the interventions made by my hon. Friend the Member for Christchurch. Granting of UK citizenship in the year ending June 2013 was at a five-year high, with 204,541 applications having been accepted, with the figure having risen steadily to an average of an extra 7,000 successful applications a year. I know that the Minister cannot give too wide a discourse on the whole immigration debate, but it is important that we reassure people watching this debate that we are very conscious of not only the need to remove discrimination against the armed forces, but the wider immigration debate in this country. There has to be a balance.

[Mr Chope]

Will my hon. Friend comment on the concern, which I certainly have, that one of the perverse consequence of this legislation might be to encourage the armed forces to do more overseas and foreign recruiting, rather than concentrating on trying to recruit at home? We know that it is difficult to recruit reservists at the moment—the Government are hard up against the issue of how they will meet the target on reservists—but it seems that this could be an agenda whereby we will fill our armed forces with people from overseas instead of from our own country.

[Sir Edward Leigh]

As is often the case, my hon. Friend makes an intervention that just needs to be answered; we do need to reassure people. We value tremendously the men and women who are not UK citizens but who serve in our armed forces, with the Gurkhas being the most famous case, but he is making a fair point. I hope that the Minister will reassure my hon. Friend, me and those watching this debate that nothing in the Bill encompasses an attitude of, “It is difficult to recruit here in the UK and therefore the proportion of non-UK citizens serving in our armed forces is going to have to rise.” I suspect that my constituents would not necessarily welcome such a position. That is not to make any criticism of those serving or to disagree in any way, shape or form about the huge sacrifices made in the past century—mention has been made of the first world war—but I know that the Minister will understand the point being made in that intervention and will want to reply to it.

Let us leave aside those wider worries about the level of recruitment in the armed forces and the wider debate about concerns about the level of immigration into this country. The year ending June 2013 did see a 14% rise in the number of non-British persons granted citizenship compared with the same period for the previous year.

--- Later in debate ---

[Mr Harper]

The rules operate differently for the spouse. When serving, the service person is not subject to any immigration restrictions, so they could get naturalisation more quickly. Once they have been naturalised, that opens up some opportunities for their family member.

New section 4C of the 1981 Act, introduced in January 2010, enables a child born to a member of the armed forces serving overseas on an operational posting who would have been born in the UK but for that posting to register as a British citizen on application. Children may also register as British citizens if a parent is naturalised or settles in the UK.

The hon. Member for Kingston upon Hull North referred to a specific case. Obviously, I would not go into a specific case in the House, and I do not have all the details to hand either. As a general rule, there is provision in the immigration system, outside the immigration rules, for people to make an application for leave to remain on compassionate grounds. The Secretary of State and I have the ability to allow that. Clearly, we would not set out the details, but look at the application in the round, but we can grant that if the case is sufficiently compelling.

On the hon. Lady’s general point about testing the Secretary of State’s discretion, all the Secretary of State’s decisions in such matters are of course subject to judicial review. Although we do not use the powers frequently—that would drive a coach and horses through the rules—even during my time as Minister for Immigration we have allowed people to visit the United Kingdom on compassionate grounds when they would not normally have met the rules.

It is helpful to be able to operate with such discretion, which is of course the purpose of the Bill. The requirement for an applicant to have been in the United Kingdom at the start of the five-year period is unwaivable, and the Secretary of State cannot waive it however compelling the case. That is the benefit of putting the Bill on the statute book.

It is worth saying that there is already a provision, of which Members may not be aware, to waive that requirement in Crown service cases, but it applies only to those who are still in service and overseas when they apply. The Bill will enable the requirement to be waived for members and former members of the armed forces who have been discharged and have then applied for naturalisation or who have returned to the UK.

[Mr Chope]

My hon. Friend might be going on to say this, but there is already a provision on the statute book, in section 39 of the Borders, Citizenship and Immigration Act 2009, that is identical to the provisions of the Bill. Why not use the legislation that is already on the statute book, rather than re-legislating?

[Mr Harper]

My hon. Friend appears to be working seamlessly in tandem with me, because if I turn over the page of my brief, I can see that I was about to refer to the 2009 Act. His general point is good. I am not someone who wants to legislate when provisions already exist in primary legislation. In general, more legislation does not necessarily make the world better. He has a formidable reputation for ensuring that all provisions brought before the House are properly scrutinised and challenged to make sure that they are necessary.

The reason we were not able to make the provision is that there was a provision in the 2009 Act to which my hon. Friend refers. However, it was all bound up with the earned citizenship measures that the previous Government wanted to introduce, and it is not possible, I am advised by lawyers, to implement the armed forces provisions independently of the earned citizenship measures because they contain references to the provisions that are not being implemented. That is why it was necessary to implement the provisions separately.

We announced in July 2010 that we would not be proceeding with the earned citizenship provisions in the Borders, Citizenship and Immigration Act 2009, because we felt that the previous Government’s provisions under those regimes were considerably more complicated and bureaucratic than the current arrangements and would have imposed unwelcome administrative and bureaucratic costs on both central and local government and voluntary sector partners. Both parties represented in the coalition Government voiced concerns about those measures during their parliamentary passage.

So although there are measures on the statute book, they are bound up with measures that we do not wish to commence, and they cannot be commenced separately. I think I can give my hon. Friend the Member for Christchurch the reassurance that he seeks, which is that this provision is necessary. There is not a current provision on the statute book that could be commenced by itself which would enable us to achieve the aim. Although I know that he is normally and rightly sceptical of legislating, I can assure him, given that he and others have welcomed the purpose of the Bill, that it is necessary to do so in the Bill. There is no existing provision on the statute book that we could use. I hope he will find that reassuring.

My hon. Friend the Member for West Worcestershire referred to the British overseas territories. I will not repeat the list that she read out, but she may be interested in one fact. She mentioned the Cayman Islands. It may interest the House to know that as of 6 September the Cayman Islands has a new governor, Helen Kilpatrick. The only reason why I mention that is that until she was governor of the Cayman Islands, she was the director general of finance and corporate services at the Home Office and is now resplendent, having been appointed by Her Majesty the Queen from 6 September, as governor of the Cayman Islands. It is not relevant to the Bill, but as I am a Minister in the Home Office and worked closely with Helen Kilpatrick, and as my hon. Friend mentioned the Cayman Islands, I thought there was sufficient reason to mention it in the House. But I digress only briefly.

My hon. Friend spoke about the British overseas territories and whether somebody living in an overseas territory could naturalise under the provisions of the Bill. I mentioned in response to the question from my hon. Friend the Member for Gainsborough in my list of conditions that normally the person is supposed to want to settle and live in the United Kingdom, so if someone was settling in an overseas territory, they would not normally be able to naturalise under section 6(1) of the British Nationality Act because they would not meet the requirement of intending to make their principal home in the United Kingdom. They could qualify if they were intending to continue in Crown service. For example, if they still worked for the Crown and were based overseas in an overseas territory, that would apply.

The appropriate route for somebody in that circumstance—a former member of the armed forces settled in an overseas territory—would be for them to apply for British overseas territory citizenship. They would then need to meet the requirements on the knowledge and good character test.

--- Later in debate ---

[Mr Harper]

I heard my hon. Friend ask that question of my hon. Friend the Member for Gainsborough and I think that he disabused us of our expectation that he was supposed to have followed all the detail when he reminded us that he was not in the House in 1981 when the Act was passed. Whether the original oversight was, to use his phrase, cock-up or conspiracy, I know not. I was only 11 when the Bill went through the House. I fear that I did not follow parliamentary proceedings very closely when I was 11—perhaps that is a terrible admission—and so I did not follow its passage very closely either. I suspect that he is right and it was more cock-up than conspiracy.

When I was setting out the details on family circumstances, my hon. Friend the Member for Gainsborough asked whether, to use his phrase, the clock was ticking. Family members of armed forces personnel are not exempt from immigration control, but, provided they have appropriate leave under the immigration rules, the time they spend with their armed forces sponsor, either in the UK or when they are on accompanied service, is time they can count towards naturalisation. They need to meet the residency requirements, but, as for service personnel, the Secretary of State has the discretion to waive and overlook those requirements if the absence from the UK was as a result of accompanying a person on service overseas. I hope that that is helpful and answers my hon. Friend. He is nodding, which suggests that that is the case.

The hon. Member for Kingston upon Hull North asked about medical discharge. For settlement applications, the requirement for four years’ service can be waived if an illness or injury is attributable to service and is sustained in an operational theatre. If not, a number of factors will be considered, including the severity of the injury, length of service, the prognosis for recovery, and the applicant’s ability to support himself or herself. We may give limited leave where the applicant does not qualify for settlement but needs a period of recovery before they leave the United Kingdom. A member of the armed forces who is granted settlement following medical discharge will be able to apply for citizenship after 12 months. I do not know whether the specific case that the hon. Lady mentioned relates to one of her constituents. If so, and she wants to write to me to raise particular issues, I will obviously be happy to look into them and respond accordingly.

I shall return to the remarks I intended to make—I have not made a great deal of progress because I have dealt with a number of questions. I support what my hon. Friend the Member for Woking said in introducing the Bill. The Government agree that it is wrong that a member of our armed forces should have to wait longer to gain citizenship just because they happened to be posted overseas at the relevant time. The service charities have told us that, and it was recognised as a priority commitment under the armed forces covenant. Once implemented, the Bill will enable us to overlook the requirement to be in the UK on day one of the qualifying period for naturalisation in the same way that we overlook the requirement to have resided in the UK.

My hon. Friend the Member for Gainsborough or my hon. Friend the Member for Christchurch—I forget which, because they were sitting next to each other and both raised a number of points—asked whether the Bill will be retrospective. The Bill will not be retrospective in the sense that it will go back and alter anyone’s existing naturalisation status. However, there is a retrospective element in the sense that the Bill will look back at what happened to applications five years ago and where people were. When the Bill is enacted, not being in the UK at the beginning of the five-year period will cease to be a disadvantage. To that extent, the Bill will be retrospective, but it will not alter the position of someone who has gone through the process of making an application.

When the Bill becomes law—I hope it will—someone who made a failed application or who held off making an application and had to wait for a longer period because they did not meet the requirement will be in a position to make an application under the new rules. If the other conditions are met, the Secretary of State will be in a position to overlook the requirement to have been in the UK at the beginning of the process. The Bill will therefore benefit people who are not currently serving but who have served previously, and that will be welcome.

[Mr Chope]

I raised the issue of retrospection. As a result of the retrospective nature of the Bill, how many people will be eligible who would not otherwise have been eligible?

[Mr Harper]

It is difficult to be precise, because we do not know how many foreign and Commonwealth members of the armed forces would necessarily want to become British citizens. We estimate—that word has been used previously—that 100 to 200 members of the armed forces each year could benefit from the Bill. That estimate is based on the number of people who seek naturalisation and the number of those who could benefit. That is the order of magnitude. It is not a huge number, but, as my hon. Friend the Member for Woking said, that relatively small number of people have served our country. In the past decade, many of them have probably served our country in an operational theatre on not just one occasion, but on several occasions.

[Mr Chope]

rose—

[Jonathan Lord]

rose—

--- Later in debate ---

[Mr Harper]

It is helpful. Before I give way to my hon. Friend the Member for Christchurch, it is worth saying that the disadvantage suffered by members of the armed forces under the existing legal position did not mean that they could not seek naturalisation. The disadvantage was that they had to wait longer than someone who was not serving overseas.

To the extent that the disadvantage they suffered was a delay in seeking naturalisation, my hon. Friend is right that the people who suffered from that disadvantage in the past will almost certainly have been in a position to seek naturalisation since.

[Mr Chope]

My concern was about eligibility: I did not ask how many people would take advantage of the Bill. I wanted to know how many people would legally be eligible. That brings us back to the big national debate about how many people are eligible to come here from Bulgaria and Romania to work, compared with the number of people who will come. How many will be eligible as a result of the retrospection?

[Mr Harper]

The difficulty with answering that question is that, technically, everyone who is a foreign or Commonwealth member of the armed forces could potentially, depending on their circumstances, be eligible. The problem is that the provision will make a difference only if five years before the point at which someone makes an application for naturalisation they were not in the UK because of their service. It would be impossible to go through everyone’s record of service and do that calculation, because we do not know how many will apply for naturalisation or how many would have been delayed in seeking naturalisation because of where they were five years before making the application.

We think that the number who will not have to suffer a delay is in the order of 100 to 200, and that is based on the fact that most foreign and Commonwealth personnel do not have this problem. Veterans Aid talked of “many cases”, but that is tens and hundreds, rather than thousands. It also said that the Bill would help “quite a few” of their clients, and our estimate of 100 to 200 is based on our knowledge of the process and on talking to those service charities that talk to people who have fallen foul of the existing provision. It is our combined intelligence that enables us to say that it is around 100 or 200. That is the kind of number that we are thinking about. Those who are concerned about the numbers need not worry that the Bill will extend to thousands of people. A relatively small number of people will be affected, but it is important to make the change for the benefit of those people who have served their country. In the last decade, many of those people have served not only in the armed forces generally, but in an active operational theatre, so it is important that the House makes sure that they are not disadvantaged.

My hon. Friend the Member for Christchurch also wanted some clarification of the MOD’s general position on the number of foreign and Commonwealth service personnel. This is largely an issue for the Army, rather than the other two branches. The hon. Member for Kingston upon Hull North also referred to the numbers. In a written statement on 11 July—relatively recently—made by the Minister of State, Ministry of Defence, my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), the MOD said that it would now be enforcing the five-year UK residence requirement when recruiting Commonwealth personnel. The residency rules already exist for Commonwealth recruits to the regular armed forces, but since 1998 they have been waived. My right hon. Friend informed the House that from 11 July those residency rules will be more strictly enforced, which means that applicants to the armed forces will have to demonstrate that they have lived in the UK for five years lawfully—with leave to remain. That requirement will not affect Gurkhas, because they are recruited only in Nepal under separate arrangements agreed with their Government. If my hon. Friend wants more detail, he can look at the statement made by my right hon. Friend the Minister of State.

Without wishing to be too slopey-shouldered about it, if my hon. Friend the Member for Christchurch has detailed questions about the attitude of the Ministry of Defence and recruitment processes and so on, to which I think he alluded, I suggest he speak to my right hon. Friend the Minister for the Armed Forces. I do not think that the Home Office wants to start trespassing on those requirements, although it is worth putting it on the record that as a result of the work we have done on the covenant, officials and Ministers in my Department, the Home Office and the Ministry of Defence have worked very closely to ensure that the system does not disadvantage anyone. I know that that has been welcomed by members of service charities, who have seen an improvement in how we deal with service personnel, their families and former personnel when they go through immigration and naturalisation stages.

This is probably a good time, as I move towards the end of my remarks, to say that the Home Office takes its responsibilities under the armed forces covenant very seriously. In addition to this proposed legislative measure, we have made good progress against a number of our other commitments. We introduced a new process earlier this year, where service leavers could obtain settlement on—

[Mr Harper]

I am conscious of that, Madam Deputy Speaker. I do not have a lengthy list. It is a short list and the reason for raising it is that it is relevant to the Bill. For example, we have made provision whereby service leavers can obtain settlement on the day of discharge. Of course, settlement for some is the precursor to seeking naturalisation. That is important, because there is not then a gap. Several hon. Members referred to making sure that there is no gap, so that personnel have settled status and no problem in seeking support from the Government or elsewhere.

I will not, Madam Deputy Speaker, test your patience by reading out the list, but I would like to draw to the attention of the House the new set of armed forces rules that will come into force in December. You will be pleased to know, Madam Deputy Speaker, that I laid out the details in a written ministerial statement on 4 July, to which I draw the attention of hon. Members on both sides of the House who are interested in the subject. The new rules will address a number of areas that have been problematic in the past, and I hope that that is helpful.

I will not refer to every paper in my sheaf, but I want to refer to a couple of important questions that came up in the debate. We take the criminality or good character provisions seriously, but we have made a change, which was referred to by at least one Member. Any offences that are offences in service law but not in normal criminal law will no longer be treated in a way that is not subject to judgment. There were a number of cases where it was felt that service personnel who had had a conviction under military law that would not have had the same level of seriousness in civilian criminal law had suffered, and that we had had no ability to judge their case in the round, based on their service. We do, of course, expect the highest standards from our armed forces and apply the same standards as those for civilians. Non-criminal convictions or disciplinary offences are considered when good character is considered, but there is no automatic factor in ruling out somebody. A number of hon. Members referred to that issue, so I thought it was right to deal with it.

A couple of Members referred to what was encapsulated by the definition of “the armed forces”. The definition is the same as that used in the Armed Forces Act and, for the avoidance of doubt, applies to those who serve in our reserve forces, to which several Members have referred.

My hon. Friend the Member for Stourbridge gave a wide-ranging speech, in which she referred to some of the service charities and the points they have made about the service they received from what was the UK Border Agency. It is worth putting it on the record that the splitting of the UK Border Agency and the creation of UK Visas and Immigration, which is the relevant part of the Home Office that deals with naturalisation applications, means that we are focused on delivering better customer service. Some of the changes we announced in the written statement mean that we will be better able to look at applications from the armed forces, which will be made on a special, separate application form, to ensure that we can deliver a settlement on the day of discharge.

[Mr Chope]

I think the Minister is nearing the end of his remarks, but before he does, can he address my question about why this issue cannot be dealt with in the forthcoming immigration Bill? Doing so would enable us to consider, for example, the case that I raised of a constituent who has been out in Russia for a long time, because she has been married to a British citizen living out there, looking after their children. She has been unable to apply for naturalisation because she has not been living in the UK.

[Mr Harper]

Without tempting Madam Deputy Speaker to chastise me, what I would say is that if my hon. Friend writes to me, I will look at the details. At the end of my remarks, I will set out briefly why the immigration Bill would not be the right place to deal with this issue, but I will not do so at any length.

Let me finish what I was saying in response to the point that my hon. Friend the Member for Stourbridge raised. I hope that former members of the armed forces and the service charities they deal with will notice—indeed, I hope they have noticed—an improved level of customer service from UK Visas and Immigration. That is certainly something that the Home Office wants to achieve, and I hope we will be able to deliver that.

Before I close my remarks, let me briefly address the point that my hon. Friend the Member for Christchurch raised earlier—to be fair, I said that I would do so. His question was: why would it not have been appropriate to deal with this issue in the immigration Bill? The short answer is that that Bill addresses three topics: first, access to public services; secondly, putting into primary legislation the rules on article 8 that the House put in the immigration rules last year; and thirdly, dealing with appeals and removals. That Bill does not make changes to the nationality provisions of our legislation, because I did not want its scope to be that wide. I wanted to focus on the Government’s priorities for reforming the immigration system; I did not want us to get bogged down in the many nationality questions that I know we might otherwise have considered.

My hon. Friend the Member for Woking has introduced a focused Bill, dealing with a genuine problem. It is not a problem that affects thousands of people; rather, it affects potentially hundreds of people, but they are people who have done great service to our country. The approach he has adopted, in introducing a very focused Bill that has support from both sides of the House—the official Opposition and the Government—is the right way to proceed. I very much hope that the Bill will receive a Second Reading and a fair wind in reaching the statute book.

[Mr Chope]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am rather surprised to see the hon. Gentleman standing. He has not been in the Chamber for most of the debate and he did not seek to speak before the Minister gave his response—in detail and at length—to the questions that were raised. As a member of the Panel of Chairs, the hon. Gentleman is fully aware of the courtesies of the House, so I am sure he will agree with me that we should now give the concluding remarks to the Member who moved the Second Reading motion on this private Member’s Bill. I am sure that the hon. Member for Christchurch (Mr Chope) would not want to show any discourtesy to the House, would he?

[Mr Chope]

If you are inviting me to comment on what you just said—

[Madam Deputy Speaker]

I am not inviting you, Mr Chope. My question was rhetorical in its nature. I am nudging you gently, as a member of the Panel, to agree with me that the courtesies of the House should stand.

[Mr Chope]

I did speak to you in your position in the Chair to indicate that I would seek to catch your eye in order to make a short contribution after the Minister had spoken. If you had said to me at that stage that you would not call me at this point, I would have sought to make my contribution earlier. I was here at the very beginning of the debate, and I have made a lot of interventions. I have been here for almost all of the Minister’s response. It is a matter for your discretion whether you call me to make a short contribution, Madam Deputy Speaker, and I shall leave that with you. I put it on record that I would not wish any discourtesy to the House, even if I were not a member of the Panel of Chairs.

[Madam Deputy Speaker]

Indeed, and I am sure that you would not wish any discourtesy to me as the occupant of the Chair by assuming that your notification that you intended to follow an unusual procedure would result in my consenting to that, because it does not. We all know the rules, don’t we Mr Chope? This is the last day, however, and if you will make only a very few comments—I shall be timing you, Mr Chope, and shall not hesitate to intervene—you may have a few minutes to make your contribution before I call Mr Lord. But this will be the one and only time that you will be able to do this.

[Mr Christopher Chope (Christchurch) (Con)]

I feel a heavy weight on my shoulders, Madam Deputy Speaker. I am grateful for your indulgence.

I have expressed concern on a number of occasions about the integrity and comprehensibility of our statute book. The Minister said that the reason that we could not use the existing wording in section 39 of the Borders, Citizenship and Immigration Act 2009 was that it was “all bound up with the earned citizenship measures”. The Government have said that they will not proceed with the implementation of the earned citizenship provisions, so they will have to legislate separately. If the Government do not wish to proceed with the earned citizenship provisions in the 2009 Act, surely those provisions should be repealed, rather than left in limbo. If they are left in limbo, it will be open to a subsequent Government to commence them.

I hope that my hon. Friend the Member for Woking (Jonathan Lord) will be able to deal with this matter during the later stages of his Bill. The Bill seems to be amending section 39 of the 2009 Act, rather than repealing it, thereby compounding the felony of making the statute book even more difficult to comprehend. I do not expect my hon. Friend the Minister to respond to this point now, but at some stage during the Bill’s progress, we need to work out why we are keeping on the statute book provisions that the Government say they oppose. Why will the Government not repeal them? Why are they seeking to amend a section of the 2009 Act that they do not wish to implement? Would it not be better to legislate de novo?

Those are the short points that I wanted to make, and I am grateful to you for allowing me to do so, Madam Deputy Speaker.

Oral Answers to Questions

Christopher Chope Excerpts

Monday 15th July 2013 Commons Chamber

[Mr Speaker]

We are short of time but let us have a brief snippet from Christchurch.

[Mr Christopher Chope (Christchurch) (Con)]

Why does my hon. Friend not make it a criminal offence to be an illegal immigrant?

[Mr Harper]

It is, of course, the case that people in the United Kingdom without leave are breaking our laws, but our primary objective for those here without leave is to remove them from the country. It would be self-defeating to prosecute all of them and lock them up in prison, as we would thus be keeping them here for longer and making sure the taxpayer paid a higher cost.

Treaty on the Functioning of the EU

Christopher Chope Excerpts

Tuesday 9th July 2013 Commons Chamber

[Mrs May]

The hon. Lady refers in general to the question of foreign national prisoners and their removal from the UK. Of course, that covers those who are EU citizens and those who are from outside the EU. With regard to EU citizens, the prisoner transfer framework decision gives us the opportunity to work with other member states on a bilateral basis to ensure that we can repatriate UK citizens to serve their sentences here and remove their nationals from the UK to serve their sentences abroad. That is what we intend to do.

[Mr Christopher Chope (Christchurch) (Con)]

The Home Secretary asserts that rejoining the 35 measures will be in our national interest. Where is the evidence for that? Is there a cost-benefit analysis? How does that fit in with the balance of competences review? Will we be asked next week to endorse that approach, rather than just receiving the information?

[Mrs May]

I have published today in the Command Paper the explanatory memorandum, which sets out the measures we are looking to rejoin—it refers to the others as well—and explains what each is about. The debate will be about the Government’s position of opting out and then seeking to rejoin the 35 measures. That will enable us to enter into proper negotiations with the European Commission and other member states. I believe that it is right that we seek to rejoin measures that enable us to co-operate on a cross-border basis in dealing with cross-border crime and keeping people safe.

Oral Answers to Questions

Christopher Chope Excerpts

Monday 11th February 2013 Commons Chamber

[Damian Green]

I am happy to tell the hon. Gentleman that recorded crime in Bedfordshire is down 12% in the year to September 2012. I hope he will welcome that. As he says, this Government have continued the damping mechanism, which was put in place by the previous Government in 2006. We are conducting a review of it. One reason why the review needs to be thorough is precisely so that we can involve the newly elected police and crime commissioners—including the one in Bedfordshire —so that they can make a full contribution to the debate to ensure we have better mechanisms in future.

[Mr Christopher Chope (Christchurch) (Con)]

Does the Home Secretary share my concern at the very small number of foreigners convicted in the summer 2011 riots who have been deported? What is going to be done about it?

[Mr Harper]

My hon. Friend might be interested to know that we are actively pursuing deportation in 150 of those cases and have successfully removed 15 people already. The Government will continue to do so and I am confident that the vast majority of foreign national offenders involved in those riots will be removed from the country once their sentences are complete.