Prisons

Bob Stewart Excerpts

Tuesday 24th October 2023 Commons Chamber

[The Minister of State, Ministry of Justice (Damian Hinds)]

I beg to move,

That the draft Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023, which was laid before this House on 16 October, be approved.

Last week my right hon. and learned Friend the Lord Chancellor made a statement to the House setting out a number of reforms in which our sharp focus is public safety. We will ensure that the worst offenders stay locked up for longer; further enlarge our prison capacity, building on the recent growth that has been achieved, which is unprecedented since the Victorians; and ensure that that capacity is put to best use for public protection.

The removal of foreign national offenders is a priority for this Government. Between January 2019 and March 2023, we removed 14,700 foreign national offenders from the country, but there are still 10,000 FNOs in our prisons, each of them taking up a prison place at great expense to the British taxpayer. While my Department is working closely with the Home Office to increase removals, there is still more that can be done.

As the Lord Chancellor set out in his statement, it cannot be right that some of these individuals are sitting in prison when they could otherwise be removed from the country. The early removal scheme exists to deport foreign national offenders. This means that any foreign national who is convicted of a crime and given a prison sentence—with the exception of those convicted of terrorism or terror-related offences—is considered for deportation. We also remove foreign offenders through prisoner transfer agreements, which enable prisoners to be repatriated during their prison sentence. Those agreements also operate to bring British national offenders back to the UK, and we currently have over 80 such arrangements in place with other countries.

The early removal scheme—the subject of this debate—allows for foreign national offenders to be removed before the end of their sentence, subject to a minimum time being served. Once removed, they are subsequently barred from re-entering the UK, and we are clear that any illegal re-entry will see them returned to prison, where they will serve the rest of their sentence. The draft instrument before us today will ensure that certain foreign national offenders can be removed earlier.

[Bob Stewart (Beckenham) (Con)]

Could my right hon. Friend the Minister clarify that last point? Is he saying that someone who is removed at the end of his or her sentence cannot come back once they are free? They have served their time here, and therefore, in principle, they have paid the price for their crime, but if they go back to their country and want to come back, they are not allowed to do so.

[Damian Hinds]

My right hon. Friend is correct that, when someone is deported in this way, they are not allowed to return. Were there time remaining on the sentence, as I outlined, that time would be servable if they did come back illegally.

This instrument will ensure that certain foreign national offenders can be removed earlier. We seek to extend the removal window in the early removal scheme from 12 months to 18 months, meaning that we would be able to deport an eligible foreign national offender up to six months earlier, still subject to the minimum required proportion of time having been served. This builds on changes we introduced last year in the Nationality and Borders Act 2022, which extended the maximum from nine to 12 months. As I just alluded to, we also added the “stop the clock” provision, so that anyone removed from the UK under the early removal scheme will have their sentence paused following removal and reactivated if they illegally return to the UK at any point, which means returning to prison to complete their sentence.