Deportation of Foreign National Offenders

Chris Philp Excerpts

Tuesday 2nd February 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I join my hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke) in extending our sincere condolences to the family of Captain Tom Moore, who has been a beacon of hope in these dark times. His passing is very sadly mourned, and we will never forget what he stood for during this difficult period in our national history.

I congratulate my hon. Friend on securing this debate and raising this issue. As he said, he wanted expressly to reference a particular constituency case that he has in mind, but he was prevented from doing so by the sub judice rules of the House. However, he has discussed that case in detail with me in private, and I am well seized of the implications of the case and the powerful points that my hon. Friend makes about it.

My hon. Friend has raised the serious issue of the removal of foreign national offenders back to their country of origin—a topic that the Government take extremely seriously. One of a Government’s first duties is to protect their citizens, and ensuring that people who are not UK nationals and who commit a serious offence are deported is a vital part of keeping our country safe.

[Matt Western (Warwick and Leamington) (Lab)]

I congratulate the hon. Member for Middlesbrough South and East Cleveland (Mr Clarke) on securing this debate. Unfortunately I was not able to intervene earlier, but I am interested in the root-and-branch reform that was referred to. When talking about the deportation of foreign nationals, would that include a two-year-old or a four-year-old who has grown up in this country but may have been born elsewhere? Would they be considered a foreign national?

[Chris Philp]

The hon. Gentleman will be familiar with the provisions in the UK Borders Act 2007, and section 32 sets out that a foreign national, regardless of when they came to the country, is liable for deportation if they commit a criminal offence and are sentenced to more than 12 months in prison. That is the law as written—a law passed by the last Labour Government, and which this Government are now implementing. There are, of course, some exceptions to the duty under the 2007 Act—an Act passed by the last Labour Government—which include when deportation would breach the foreign national’s rights under the European convention, or where they have been granted asylum. The right to a family life under article 8 is qualified and balanced, so where someone has been sentenced to at least four years’ imprisonment, the article 8 claim will only succeed where there are very compelling circumstances. The short answer to the hon. Gentleman’s question is yes, deportation will apply regardless of how long the person has been here under the Act that the Labour Government passed 13 years ago.

[Matt Western]

I thank the Minister for being so precise—

--- Later in debate ---

[Matt Western]

I think many would echo the points made by the hon. Member for Middlesbrough South and East Cleveland about the need for a root-and-branch reform. Does the Minister agree that that element of the 2007 Act should be reconsidered?

[Chris Philp]

I do not want to pre-empt any reviews that may take place, but this Government are committed to ensuring that dangerous foreign national offenders who put our constituents’ lives and safety at risk are deported as required by the 2007 Act. I am aware of a case—I will not go into the details, for obvious reasons—involving a person who was subject to deportation proceedings about a year ago but was removed under a last-minute legal challenge from those proceedings. A few months later, that person was arrested and charged with murder—a murder that would not have happened had deportation gone ahead.

We should not underestimate the importance to public safety of ensuring that dangerous foreign national offenders are deported, nor should we underestimate the impact on victims. I have heard about the victim in the case that my hon. Friend the Member for Middlesbrough South and East Cleveland wanted to raise this evening, and the impact on them is absolutely horrendous. I come across cases on an almost weekly basis of distressed victims who have suffered appalling crimes, including rape, whose perpetrators are fighting deportation. That causes the victims to be retraumatised because they feel, rightly, that the perpetrators, where they are not UK nationals, should be removed.

This Government stand with the victims in this debate. This Government stand with the citizens who rightly want to be protected, and we make no apology for doing so. That is why, since 2009, we have returned more than 6,400 foreign criminals. I should say that, of those, approximately two thirds—4,400—were European economic area nationals, and about one third—2,000—were from outside Europe. That rebuts any claim that this policy is applied in a way that is in any way racist, since two thirds of those being deported are of European nationality. Even this year, when things have been very difficult with the pandemic, we have continued deporting dangerous foreign national offenders on scheduled flights and on more than 30 charter flights. The work continues, and I expect that as coronavirus passes, it will be stepped up once again.

My hon. Friend the Member for Middlesbrough South and East Cleveland posed a series of questions towards the end of his excellent speech, for which I strongly commend him. He asked what the Government would do to try to avoid challenges where dangerous foreign national offenders seek to invoke human rights and other things to avoid deportation. We do plan to take action in this area and to legislate to make the legal process clearer. One problem we face is that foreign national offenders can raise repeated challenges, often strung out over many years. Many of these challenges are vexatious or totally without merit, yet they can make these challenges again and again to frustrate their deportation. So the legal system is not working as cleanly and effectively as it should, and we do plan to legislate in the very near future to fix that issue.

My hon. Friend asked whether we would tighten various definitions in statute and, where we can do that, we certainly intend to. This differs a little depending on the matter concerned. Some things are relatively straightforward to clarify in domestic legislation. Others areas are more complicated. For example, he mentioned article 3 rights in particular. He is right to point out that those rights have been expanded by case law over time. But as matters currently stand, domestic courts in the UK are bound to follow European Court of Human Rights case law on things such as article 3.

The whole area of the interaction of the human rights decisions made in Strasbourg with domestic law is, of course, governed by the Human Rights Act 1998. Just in the last few weeks, the Ministry of Justice, under the supervision of my right hon. and learned Friend the Lord Chancellor, has announced an independent review of that Act, which will look at the interaction of the domestic courts and the European Court of Human Rights, the impact of the Act on the relationship between the judiciary, the Executive and the legislature, and other related matters.

I believe that a combination of domestic legislation on the process, the systems and some definitions will make it harder for foreign national offenders to unreasonably prevent their deportation, and that review of the operation of the Human Rights Act may provide some additional pointers. I should say that the members of that panel are extremely distinguished. They include a former very senior judge, a former president of the Law Society, two QCs and two professors. It is a very distinguished panel and I am sure Members of the House will be very interested to hear what they say when they report in a few months’ time, over the summer.

In conclusion, let me make it clear to my hon. Friend once again, and of course to the hon. Member for Strangford (Jim Shannon), that this Government’s commitment to deport dangerous foreign national offenders, as required by the 2007 Act, which was passed by the last Labour Government, is unwavering. We are determined to protect our fellow citizens from harm and that includes doing everything we lawfully can to remove foreign national offenders.

Question put and agreed to.