Immigration Bill

Debate between Lord Hanson of Flint and Eilidh Whiteford

Thursday 30th January 2014 Commons Chamber

[Mr Hanson]

That is another issue. Our amendment 1 would remove clause 11 from the Bill and allow the Government to reflect on the concerns raised by the hon. Lady—she speaks from the Government Benches, but I appreciate that she has an independent frame of mind—and on those expressed outside, in evidence to the Committee, and by my right hon. and hon. Friends about the impact of abolishing tribunals on the sort of people currently having their appeals upheld. Individuals are having their appeals upheld at tribunal, but under clause 11 such appeals will not be possible. Our proposal is either, in amendment 1, to remove clause 11 or, if the Home Secretary cannot accept amendment 1, in new clause 13, to provide for an assessment beforehand so that we can consider this matter in detail.

Madam Deputy Speaker, you will be pleased to hear that I am coming to my final point, although I have only spoken for half an hour—considerably less time than the Home Secretary took. The hon. Member for Esher and Walton has a range of support for his new clause 15, and in due course I will want to hear again what he has to say about it. Like my right hon. and hon. Friends, I want to see foreign criminals deported. That is right and proper. I was pleased, as well as doing counter-terrorism, to serve under my right hon. Friend the Member for Blackburn (Mr Straw) in the Ministry of Justice. He went to Vietnam to negotiate a deal to deport terrorists and prisoners there, and I went to Nigeria to do the same. We also negotiated a deal with the EU for it to accept foreign criminals, which the Government are now implementing and from which they are reaping the benefits. We have an interest in ensuring that foreign nationals living in this country who commit crimes and go to prison serve a sentence and then are ultimately returned to their home state.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the right hon. Gentleman agree that there is a fundamental difference between deporting foreign criminals and deporting suspects?

[Mr Hanson]

There is, and we can explore that in due course, but I want to focus on the new clause tabled by the hon. Member for Esher and Walton, as the principle of removal is a reasonable one. Let us look at some of the tests that the Home Secretary talked about. I am not one to do this very often, but let me give credit to the Home Secretary: she is trying to make progress on a couple of issues in relation to existing legislation to try to improve the process of deportation. We have given our support to do that, but that process has not yet been developed, examined or evaluated. There is scope for us to look at whether what the Home Secretary has proposed is right and proper and is put into effect.

The hon. Member for Esher and Walton has a long history inside and outside this House of dealing with these matters, but there are still some concerns on the Opposition Benches about the measures that he is proposing, not because we do not want to deport foreign criminals, but because we want to do it in a way that maintains our integrity in relation to the convention on human rights and our integrity with our European and world colleagues. I say that because in relation to a similar amendment that he tabled to the Crime and Courts Act 2013, I have seen a note that perhaps I should not have seen—