Immigration Bill

Debate between Lord Hanson of Flint and Richard Fuller

Wednesday 7th May 2014 Commons Chamber

[Richard Fuller (Bedford) (Con)]

Like my hon. Friend the Member for Aldridge-Brownhills (Sir Richard Shepherd), when I hear phrases such as “review by SIAC” I shudder on the question of process, but I am interested to hear what the right hon. Gentleman would say to my constituents who want us to move quickly on all immigration issues—who say we are not moving fast enough, we are not making change quickly enough. What is the relative merit of his proposal to support Lords amendments that would delay enactment as opposed to the Government proposal to see and review the impact after enactment?

[Mr Hanson]

That is a legitimate question, and it is one that deserves an answer. The point I would make is that we are legislating. If we legislate for this and if it goes back to the other place in the form the Minister has brought forward, it will be enacted: it will have Royal Assent within a matter of, presumably, days. We will therefore have one year of operation between May or June 2014 through to May or June 2015. That is fair enough. We will then review it and make changes. All the concerns raised by Members today would potentially be applicable in that 12-month period. The argument I would make is that if we accept the amendment that has been considered by the Lords, we can look at this, get it right and ensure that the concerns that have been raised not just here today but by Members in another place are dealt with. The measures that are taken will then have the full confidence of both Houses of Parliament. At the moment, given the vote that was taken in the other place—242 in favour and 180 against— the proposals the Minister brought forward previously do not have the support and confidence of both Houses. The removal of citizenship is such a challenging and extreme measure to take that it must have the confidence of both Houses of Parliament.

Immigration Bill

Debate between Lord Hanson of Flint and Richard Fuller

Thursday 30th January 2014 Commons Chamber

[Mr Hanson]

I am going to. It is from the Home Secretary to the right hon. Member for Witney (Mr Cameron), who happens to be the Prime Minister. In the note, on the hon. Member for Esher and Walton’s amendment to the Crime and Courts Bill, the Home Secretary said that the amendment

“would be incompatible with the UK’s obligations under the ECHR… Nevertheless if this amendment passes both Houses of Parliament and becomes law the Secretary of State will be required to act in accordance with it and make deportation orders notwithstanding other ECHR obligations. This would significantly undermine our ability to deport foreign criminals.”

There are real issues that need to be explored. The Bill restricts appeals against deportation that use the right to a family life in article 8. We have supported the Government’s efforts to do that. There are foreign criminals who have committed serious crimes whom we cannot deport and who have used article 8 inappropriately, but the new proposals have not yet been tested in the courts. We support the Government’s view that the proposals in the Bill should be implemented and that gives us grounds to have severe scepticism about supporting the hon. Gentleman’s proposals. What I am not clear on is whether the Home Secretary shares that scepticism, whether she intends to allow the new clause to go forward, or whether she intends to block, support or abstain on it. I would welcome clarification by the time the hon. Gentleman has made his points.

[Richard Fuller (Bedford) (Con)]

The right hon. Gentleman, whose judgment on these issues I value acutely, referred to leaked Government correspondence. What is his position on whether my hon. Friend’s proposals would contravene our responsibilities under the ECHR?

[Mr Hanson]

I have served with the hon. Gentleman on a number of Committees. We have had useful and positive cross-party discussions. I say to him honestly that we have taken legal advice and we believe that the proposal would put us in contravention of ECHR responsibilities. The Home Secretary, I think, has had the same advice and the Home Secretary, I think, shares our view. The question for the Home Secretary is whether she wishes to exercise her judgement today or at a later date.