European Convention on Human Rights

Lord Sharma Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mrs May]

I am going to make some progress now. I apologise but I have taken several questions from one hon. Member and I want to make some progress.

I was talking about the cases we have had, and I note that there are issues at appeal stage. Last year, 1,888 appeals against deportation were lodged. Of the 409 successful appeals, 185—that is 45%—were allowed on article 8 grounds. Those are the consequences of having had immigration rules that do not properly set out the qualified nature of article 8. The new immigration rules state how the balance should be struck between the public interest and individual rights. They take into account relevant case law, evidence, independent advice and public consultation, and they provide clear instructions for UK Border Agency caseworkers about the approach they must normally take in deciding article 8 claims. They provide the basis for a consistent, fair and transparent decision-making process, and I ask the House to agree that they reflect how family migration should be controlled in the public interest. Once endorsed by the House, the new immigration rules will form a framework that Parliament considers is compatible with article 8, on which the courts can therefore place greater weight as a statement of the public interest.

I turn now to the criteria in the new immigration rules that will be used to judge claims under article 8 in practice. The particular aspects of the new family immigration rules that are relevant are those on criminality, the best interests of a child, the family or private life of non-criminals, and the income threshold.

Perhaps nothing has done more to damage public confidence in the immigration system than when serious foreign criminals have used flimsy article 8 claims to avoid removal from this country. The European convention on human rights is clear—those who commit crimes do not have an unqualified right to respect for private and family life. So we are changing the immigration rules to make clear Parliament’s view that if someone is a serious criminal, if they have not behaved according to the standards we expect in this country, a weak claim to family life is not going to get in the way of their deportation. There is no place in this country for foreign criminals who threaten our safety and security and who undermine our rights and freedoms.

If a foreign criminal has received a custodial sentence of 12 months or more, deportation will normally be proportionate. Even if a criminal has received a shorter sentence, deportation will still normally be proportionate if their offending has caused serious harm or if they are a persistent offender who shows a particular disregard for the law. So where a foreign criminal is sentenced to less than four years, where no children are involved, and where the criminal has been here lawfully for less than 15 years, discounting their time in prison, deportation will normally be proportionate, even if they have a genuine and ongoing relationship with a partner in the UK. Even if the criminal has been here lawfully for 15 years, unless there are insurmountable obstacles to family life with that partner continuing overseas, deportation will still normally be proportionate.

[Alok Sharma (Reading West) (Con)]

I welcome the motion and I hope it will have the support of all Members across the House, but can my right hon. Friend give me an assurance that in cases involving children, the best interests of the child will be a primary consideration in any decision that is made?

[Mrs May]

I shall come on to speak in more detail about the best interests of a child. The best interests of a child are covered by the Borders, Citizenship and Immigration Act 2009, and we are bringing that into the family rules.

--- Later in debate ---

[Yvette Cooper]

As the hon. Gentleman will know, as a result of the problems over foreign criminals, a series of actions and measures were taken that increased the number of foreign criminals being deported. The problem for the Government is that the actions that they have taken seem to have reduced the number of foreign criminals being deported by more than 1,000 a year—a drop of nearly 20% in 12 months. That means that foreign criminals who should be deported are staying in this country and in the community. The UK Border Agency is not deporting them because of the chaos and fiasco within it.

[Alok Sharma]

Will the right hon. Lady be supporting the motion this evening? Everything that she is saying suggests that she supports what the Home Secretary has set out.

[Yvette Cooper]

I 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.