Oral Answers to Questions

Andrea Leadsom Excerpts

Monday 10th June 2013 Commons Chamber

The Secretary of State was asked—

[Andrea Leadsom (South Northamptonshire) (Con)]

2. What steps she is taking to prevent abuse of article 8 of the European convention on human rights in respect of the removal of foreign criminals.

[The Minister for Immigration (Mr Mark Harper)]

Last July, we changed the immigration rules to ensure that, under article 8, the rights of society are properly balanced against the individual rights of foreign national offenders. The rules received the unanimous support of this House. Unfortunately, some judges are not applying the rules as Parliament intended, and our Immigration Bill will give the full force of primary legislation to them.

[Andrea Leadsom]

I am grateful to my hon. Friend for his answer. What more can he do to try to ensure that judges strike the proper balance between the rights of the individual and the rights of society, which are sometimes under threat from them? Can he persuade judges to listen to the will of Parliament?

[Mr Harper]

I am grateful to my hon. Friend for that. Of course this House thought that that is exactly what it had done, as it sent a very clear message to judges about the balance that this House, on behalf of society, had struck to put the rights of the innocent first. Judges have not got the message, which is why we will legislate to make sure that it is reflected in the law.