European Convention on Human Rights

David Burrowes Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mrs May]

I think my answer to my hon. Friend will be shorter than his question. The motion makes it absolutely clear what we are asking people to do today and I am certain that the judiciary will take into account the view of Parliament. Indeed, as I have said, members of the judiciary have suggested that it would be helpful to have the view of Parliament.

Since the Human Rights Act was implemented in 2000, it has become clear that the existing immigration rules do not properly set out how article 8 should be qualified in real cases. As a result, foreign criminals and those who failed to meet the requirements of the immigration rules and who should not be allowed to come to or stay in the UK have increasingly been able to challenge their decisions in the courts on the grounds of a breach of article 8. So, for those who do not meet the requirements of the rules, grants of discretionary leave outside the rules on article 8 grounds have risen steadily to the point that in 2010 the UK Border Agency granted discretionary leave on the basis of article 8 in around 9,500 immigration cases. That means that in 9,500 cases, applicants could not meet the requirements of the immigration rules but were allowed to stay in the UK none the less. In addition, reflecting established policy on dealing with such cases, they were automatically granted full and immediate access to the benefits system. Perversely, that placed them in a better position than applicants who had met the immigration rules and were denied such access while they served a two-year probationary period.

[Mr David Burrowes (Enfield, Southgate) (Con)]

A key criticism regarding the use of article 8 is how it has appeared to give greater protection to convicted foreign criminals facing deportation than to British citizens facing extradition. Can the Home Secretary reassure my constituent Gary McKinnon and others like him facing issues of mental illness and autism—I do not want to trespass on to that particular case—that the principle of this motion will not affect genuine article 8 applications relating to extradition?

[Mrs May]

Extradition cases will continue to be looked at in line with the legislation that applies to extradition cases.

--- Later in debate ---

[Yvette Cooper]

My right hon. Friend is right. The convention provides an important framework, and like him I understand that the Conservative party remains committed to it. A strength of the Human Rights Act—I know he was a key pioneer in bringing it into British law—is that it provides Parliament with the ability to debate article 8. It is legitimate for us to do so as part of our debate on immigration rules and all kinds of other legislation.

[Mr Burrowes]

rose—

[Yvette Cooper]

I have given way many times, but I will do so one last time.

[Mr Burrowes]

I will help the right hon. Lady not to take any further interventions by asking her to be clear about the Opposition’s position. They cannot have it both ways. I understand that they accept the observation of the House of Lords in the Huang case in 2007 that immigration lacked a clear framework, but do they also accept the observation that that was because the immigration rules

“are not the product of active debate in Parliament”?

We are having that debate today, so surely she should welcome that and accept the motion. Let us not just talk about it, let us have some action.

[Yvette Cooper]

The hon. Gentleman is right that we need a proper debate in Parliament and proper scrutiny. However, there are concerns about how the Home Secretary has set the matter out today. For example, the motion represents neither primary nor secondary legislation, so it is not clear whether the Home Secretary wants it to trump case law. She spent some time reading individual cases on to the record, so we can only assume that she wants the motion and today’s debate to trump case law and individual decisions. However, it is only a motion of the House. We have told her that we are happy to work with her on primary legislation to ensure that there is a proper legal framework.