(10 years, 10 months ago)
Commons ChamberMy hon. Friend makes an important point. We must not only urge other countries to do more, but do our bit and show that we stand together in humanitarian causes right across the world. We are stronger if we stand together, and it says something about who we are as a country.
I compliment my right hon. Friend on the motion she has tabled and the effect it has had. Will she return to the need for efficiency in dealing with the refugee crisis? Surely it would be desirable if the UK were part of the UNHCR process, rather than trying to set up something that appears to be separate but complementary.
My hon. Friend is right. There is a strong case for being part of that UN programme, and I will come on to that point. Indeed, it was the UN who asked us to help in the first place, and it is right that we should respond to that in the most effective way, rather than setting up parallel programmes.
Many other countries are participating. France, Austria and the Netherlands are proving sanctuary for several hundred people, which is similar to the levels of support that the Home Secretary has confirmed she expects to help. Germany and the US are taking many more refugees, but with all our countries standing together, we are not far off the 30,000 places that the UN has asked for. That is the power of countries working together. Although each country itself may offer limited support, it adds up to substantial humanitarian relief for the most desperate people in the world.
When we called for this debate seven days ago, the Government and Home Secretary held a different position on helping the refugees, and it is right that they have now changed that position. I suspect that the Immigration Minister may be glad that he is not responding to this debate, since he had to reply to the urgent question last week when his position was different. As you will be aware, Madam Deputy Speaker, as a result of strong support for the UN programme from all parties—including many on the Back Benches who raised their concerns as part of that urgent question last week—the Government have changed their position.
(12 years, 5 months ago)
Commons ChamberI think that we need action to deport more foreign criminals. That includes more practical action through the UK Border Agency. The Home Secretary and the Minister for Immigration need to explain what they think the motion means. I will come on to that now, because it is an important issue.
The relationship between Parliament and the courts is made explicit in the Human Rights Act 1998. Parliament is actively encouraged to debate the way in which rights should be balanced, and the judiciary is expected to take that into account. Similarly, the British courts cannot strike down an Act of Parliament or primary legislation on immigration, even if they think that it does not comply with the Human Rights Act. Parliament has to decide how to respond if that is the case. That is the legal and democratic framework within which we operate. As part of that, it is reasonable for Parliament to express its view on the balance of different rights, and in particular the balance of different qualified rights. Indeed, we do so all the time through our legislation.
My right hon. Friend will have heard the intervention of the Chair of the Joint Committee on Human Rights. Does she not think that it would have been better if this proposal had been laid on the Table today to enable his Committee to examine it and its implications for our participation in the European convention on human rights?
My hon. Friend makes an important point, because the Joint Committee on Human Rights does important work. The status of the motion is unclear, because we do not know exactly how the Home Secretary expects it to operate. For example, we know that the new immigration rules affecting foreign criminals, which were set out last week, explicitly refer to how article 8 should be addressed. We believe that is legitimate, but other immigration rules do not make such reference. The rules on foreign criminals also allow the courts to consider exceptional cases, but the process remains deeply unsatisfactory and confused. The Home Secretary has said that she wants to send clear signals to the courts, but she is not sending clear signals to the House.
The Home Secretary talks about clear messages, but she is not giving a clear message to the House, never mind to the courts. She has been confused at every step about what the motion is supposed to do. Time and again, she has been asked whether it is supposed to trump case law or endorse the details of individual immigration rules, on which no opportunity for proper scrutiny has been given, and which have not even gone through the normal processes in the House. It is not clear whether this is supposed to be an endorsement of the existing immigration rules or the future immigration rules. She has not made her position clear.
We would like to be able to support the Home Secretary in her principled statement that article 8 should be discussed by the House and is a matter for legitimate debate. We also want to support her in taking action to deport more foreign criminals, but we urge her to do something about the real problem, which she is still ignoring. She also needs to provide answers to the House about how the detail on other aspects of the immigration rules, particularly on family and other parts of her proposed immigration changes, will be scrutinised, and whether she is trying to bypass the normal scrutiny processes.
The Home Secretary has not chosen a normal approach today. She needs to do more to deport more foreign criminals, but she should not try to subvert normal processes and should be straight with the House about what she is asking it to do.
On a point of order, Mr Deputy Speaker. In her speech, the Home Secretary referred extensively to rules laid before the House but not prayed against and therefore not debated. Is it in order for us to discuss the contents of those proposed rules, because that is exactly what she did throughout her opening speech?