Lord Hanson of Flint
Main Page: Lord Hanson of Flint (Labour - Life peer)Department Debates - View all Lord Hanson of Flint's debates with the Home Office
(10 years, 9 months ago)
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Mrs May
My hon. Friend and I have discussed this matter. I do not accept her description of what we are putting through in this Bill. We are not asking for a blank cheque. There are specific and limited circumstances in which the power would be used, which I will describe to the House. We are not suggesting that we put the United Kingdom into a situation that it has not been in before. We are suggesting that we put the United Kingdom into the situation that is required by the UN convention to which it has signed up. A decision was taken a few years ago to go beyond that UN convention. We think it is right to go back to the UN convention.
Mr David Hanson (Delyn) (Lab)
The Home Secretary knows that we are dealing with complex and serious issues, so will she explain why she tabled the new clause 24 hours before Report without consulting any outside bodies? The situation is such that we have had to table manuscript amendments to deal with serious concerns about it. Will she explain why she is acting with such urgency today, rather than allowing for consultation before introducing a measure in another place that could then be examined by both Houses?
Mrs May
If the right hon. Gentleman will allow me, I shall set out why we thought it was necessary to table the new clause and how we have considered the matter. I accept that the Opposition have tabled manuscript amendments. While I wait to hear what he will say about them, if there are specific concerns, I will be willing to consider them and, if necessary, address them further in another place.
The new clause is a consequence of a specific case. The power to deprive on conducive grounds is such that even when I consider the first and arguably the most important part of the test to be met—that it would be conducive to the public good to deprive—I am still prevented from depriving a person of their citizenship if they would be left stateless as a result. That was the point explored in the Supreme Court case of al-Jedda.
Mrs May
I thought that I had provided some clarity in the answer that I gave the right hon. Gentleman earlier. The law will be limited to naturalised citizens and will not apply to anybody who has British citizenship by any other means. The action would be taken against the naturalised British citizen, not their child.
Mrs May
I recognise that there are consequences, and they have been considered. The circumstances that the right hon. Gentleman mentions are if the child was in the United Kingdom and their parent was elsewhere conducting activity that was seriously prejudicial to the United Kingdom. That would be considered on a case by case basis—there would not be a tick-box, mechanistic approach. All circumstances would be looked at in considering whether it was appropriate to apply the new power to an individual. There are safeguards within the proposal, such as the seriously prejudicial nature of the activity that an individual must have undertaken.
I had not quite finished my response to the right hon. Member for Holborn and St Pancras (Frank Dobson) when I allowed the right hon. Member for Delyn (Mr Hanson) to intervene. I repeat the response that I gave earlier to the former: the law will apply only to those who are naturalised, not those who are British by birth or those who acquired citizenship under other provisions of the 1981 Act, such as those that provide for children to acquire British citizenship. I hope that I have perhaps made that clearer to the right hon. Member for Holborn and St Pancras.
Mrs May
I cannot give the hon. Gentleman a guarantee on any specific case, but the Bill will make it easier for us to deport foreign criminals. It clarifies the interpretation of article 8 in a way that will make it easier for us to deport foreign criminals. It ensures that foreign criminals can be deported first, unless there are particular circumstances in the country to which they are going, and appeal against their deportation afterwards. However, on people who have been convicted of a crime and who are in our prison estate, my right hon. Friend the Justice Secretary is working hard with Home Office immigration enforcement people to ensure that we can remove more foreign criminals to their country of origin in a number of ways, such as through prison transfer agreements.
The House shares the concern that we should be able to deport more foreign criminals. The Bill strengthens our ability to do that. I would not wish to see it weakened in any way. As I have said, I have concerns with some aspects of new clause 15, tabled by my hon. Friend the Member for Esher and Walton, because it could weaken our ability to deport more foreign criminals. However, I recognise that he has sought to strengthen the language in the Bill. The public want an immigration Bill that strengthens our ability to deport foreign criminals to get through Parliament. That is a shared aim. I believe that that is what the Bill, as drafted, does.
Mr Hanson
The Home Secretary spoke for just over an hour and a half, but at the end of her contribution I am still not clear on key aspects of the Government’s proposals. I am not clear whether the Government as a whole have a united position on them. Do the Liberal Democrat members of the Government have a different view? The interesting proposals in new clause 15, tabled by the hon. Member for Esher and Walton (Mr Raab), are yet to be considered the Government in a full and frank way.
I want to mention measures on which I agree with the Government, as the Bill does contain measures that the official Opposition support. On new clause 11, the Home Secretary has our full support for her proposals to tackle sham marriages. Sham marriage is a serious problem. The Home Office estimates that 4,000 to 10,000 applications to stay in the UK each year are based on sham marriage or sham civil partnership—the Minister for Crime Prevention and I discussed this extensively in Committee. That is a significant number of cases and action is needed.
New clause 11 deals with the situation in Northern Ireland and Scotland, which the Opposition raised in Committee, and contains measures we support. We can support the measures on same-sex marriage, on which we sought clarification in Committee. New clause 11 is welcome, and the Opposition support it.
As I have mentioned, we have four and a half hours for the debate. The Home Secretary took one third of that time for her opening contribution. She explained the issues, and I look forward in due course to listening to hon. Members’ concerns. I will try to take less time than her, but I have some things to say.
I reach out a hand of friendship on new clause 12. The Opposition will not oppose it today. It is reasonable to try to recoup charges from individuals who use our services, but we might disagree with the Government, because we believe we need to improve those services. As the Home Secretary has recognised, we need to ensure that the charges do not deter the brightest and best, and those with skills, from coming to work here to create jobs and growth in our economy. We need to ensure that they do not deter students. I am afraid that Government policies currently deter students from coming to the UK. We need to ensure that we do not turn away people who will contribute strongly to our community. The tourism economy is particularly important. We need to ensure that the level of charges, which we will discuss shortly, does not damage investment in our economy through tourism.
The Opposition have three concerns. The Home Secretary devoted around 45 minutes to new clause 18. I accept and understand that it deals with a serious problem. We are dealing with people who are undertaking activities—terrorism—that are of great concern to the state. Having been a Home Office Minister in the previous Government dealing with terrorism and counter-terrorism activity, I understand the need to examine those matters. I should tell the Home Secretary clearly that it is not acceptable, at least as far as the Opposition are concerned, to bring a major new clause to deal with that to the House 24 hours before the debate on Report and Third Reading. We have only four and a half hours to debate important issues, including European accession—the Opposition and the Government have different views on that, but it is valid to discuss them—new clause 15 and the concerns of the hon. Member for Esher and Walton. I tell the Home Secretary that that is not the way to discuss sensitive issues such as taking steps to deprive individuals of their citizenship.
I have listened to what the Home Secretary has said on a number of measures. My right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) has concerns. Others, including the hon. Member for Eastleigh (Mike Thornton) and, dare I say it, the hon. Member for Stone (Mr Cash) have raised pertinent issues of concern. However, we have less than three hours to reach conclusions on these major measures.
Mr Brazier
The right hon. Gentleman makes a legitimate point about time. Putting the detail aside, in the kinds of cases raised by the right hon. Member for Leicester East (Keith Vaz), the Chair of the Select Committee, where people abroad are believed to be—in some cases they are found to be—in arms in opposition to British interest, should we or should we not make it easier to have their citizenship removed and their ability to return to the UK ended?
Mr Hanson
As a Minister in the previous Government who dealt with terrorist activity and looked at terrorist plots and the information to which the Home Secretary is now privileged, I know there are circumstances where the Government need to address serious issues. The question I put to the hon. Gentleman and the Home Secretary is this: new clause 18 was tabled 24 hours ago and there has been no consultation—[Interruption.] The Minister for Immigration says that it was tabled on Tuesday, but it was published yesterday morning; the first sight of it was then. A range of outside groups would like to examine the consequences of the proposed legislation, yet today the House of Commons is expected to approve it. The Opposition want to reserve judgment on some of the details that have been mentioned. We want to look at the measures, take advanced legal advice and consult outside bodies, which the Government should be doing, so we can consider the implications.
Jeremy Corbyn
Is what my right hon. Friend saying on new clause 18 not indicative of the whole approach to the Bill? It has not been adequately debated anywhere. Most of it will be not be debated today and it will pass through this House unexamined. The Bill will have appalling consequences for an awful lot of things in society, not just the new clause he is discussing now.
Mr Hanson
I have to say to my hon. Friend, with the greatest of reverence for his long service in Parliament, that the Minister for Immigration and I spent far too long in Committee on this matter through most of October and November, and we are doing so again today. There has been discussion and division on some of the measures in the Bill.
New clause 18 was published yesterday morning. The Immigration Law Practitioners Association sent a brief at 4 am today. That was the first opportunity it had to put down its views on this matter:
“The amendment on the order paper on 29 January 2014 and on that date we first had sight of the Government’s European Convention on Human Rights Memorandum pertaining to the clause. We do not attempt to address herein the complex questions of the present day effects of the UK’s declaration”,
and in the light of that it will have to look at the matter when it comes to another place. The ILPA may or may not have valid points, but we are 24 hours from passing a serious piece of legislation. We had a long period in Committee. The issues relating to the al-Jedda judgment of summer to autumn 2013, which the Home Secretary mentioned, have led to her introducing these measures. We will have to look at them in detail. This is not a good way to place such an important issue, which has the potential to impact on people’s liberty and citizenship.
Dr Huppert
The right hon. Gentleman is right that we discussed some of this at great length in Committee. I share his view that there should be more pre-legislative scrutiny. This Government have done more than previous Governments, but there is much more to do. I also share his concern about amendments and new clauses being tabled only two days ahead of time. Does that mean that he and his party will ensure that Opposition day motions are never tabled just a day before debates? That would make it easier for all of us to read them.
Mr Hanson
The hon. Gentleman politicises a point I am trying to make about process. He knows how Opposition motions are drawn up and he knows that they do not have the same impact as legislation. The proposed legislation will have the effect of depriving citizenship. If an Opposition motion is voted on and defeated one thing will happen: there will be political noise about an issue. This is about the deprivation of someone’s citizenship. We may, ultimately, make the judgment to support the Government, but this is an important point about process that I think we need to make.
Mr Bone
I am grateful to the shadow Minister for giving way. I agree entirely with his comments and it is unusual for the Home Secretary to be filibustering her own Bill. Where does he think the Government could have learned these tricks? Could it have been from the Blair Government?
Mr Hanson
I was honoured to serve for 12 years in the Blair Government and I do not think we filibustered that much.
The Home Secretary addressed some issues relating to new clause 18, but they still need to be examined in detail. For example, what definition does she have of “seriously prejudicial”? Who applies that definition? What type of person does she expect to lose citizenship? How many individuals does she expect to be impacted by this?
So late in the day was the new clause tabled that we have had to table two manuscript amendments this morning, in the name of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and me, that include the potential for discussion on judicial oversight. The Home Secretary touched on her role and responsibilities relating to judicial oversight, and we need further clarity on that. In the winding-up speech, whether delivered by the Home Secretary or the Minister of State, I would welcome a view on our amendments. Judicial oversight would give us some comfort on whether this is an appropriate measure to take, given the seriousness of removing someone’s citizenship.
Rehman Chishti
The shadow Minister raises concerns about the short notice given on the content of today’s debate. He also makes clear his expertise, having served in this area in the previous Government. Under the previous Government, five British nationals were stripped of their nationality. Will he clarify what happened to them? Were they sent back to their country of origin or not? Does he accept that there was a defect in the existing legislation and that we need to move forward with the new proposed legislation?
Rehman Chishti
On a point of order, Madam Deputy Speaker. Yes, the shadow Minister is absolutely right that in 2005 I was a member of the Labour party. Soon after that I left the Labour party because, like everyone else, I was fed up with it.
Madam Deputy Speaker (Dawn Primarolo)
That is so clearly not a point of order. In three years in Parliament the hon. Gentleman clearly has not got the hang of it yet, but he has got his point on the record. May we please now return to the very important issues in the Bill?
Jacob Rees-Mogg (North East Somerset) (Con)
On a point of order, Madam Deputy Speaker. I note the custom in the House to give notice before making personal remarks involving another Member. Does that include this case?
Madam Deputy Speaker
With respect, the hon. Member for Gillingham and Rainham (Rehman Chishti) has, having heard the remark, replied to it. I think we have a score draw there, so shall we continue? And that’s not a point of order, either.
Mr Richard Bacon (South Norfolk) (Con)
In passing, may I say that I think my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) has exactly got the hang of it?
The Opposition spokesman mentioned the need to have proper judicial oversight, and his manuscript amendment attempts to provide for it. I have some sympathy with the amendment, although probably not enough to vote for it. Given what he is saying now, however, why did the Labour Government, of which he was a member, bend over backwards when passing asylum and immigration legislation and do their absolute damnedest to avoid judicial oversight?
Mr Hanson
Lots of things are learned by experience, but this is an extremely serious issue. If the hon. Gentleman sees merit in our manuscript amendments (a) and (b), he should, between now and 4 o’clock, discuss that with those on his Front Bench, because I do not want to divide the House on such serious issues concerning the rights of individuals and the protection of people in the UK. I just think there is an issue here: this matter was brought to our attention late, and we want to ensure judicial oversight. I hope we can deal properly with the issue in another place, with full support and after full consultation. Let us discuss this matter genuinely.
Mark Pritchard
The shadow Minister is entitled to ask legitimate questions about the Bill, but does he agree with the principle of new clause 18, without necessarily knowing all the details at this stage?
Mr Hanson
The principle is the deprivation of the citizenship of individuals who are naturalised, and that might be a positive thing, but we would need to consider it in detail. We have only had 24 hours. I want to consider the legal implications, as well as the issues raised by my right hon. Friend the Member for Holborn and St Pancras. We need to look at judicial oversight and when and how notice should be given. We also need to look at what rights individuals have to appeal and what happens if someone is in another state when the decision is taken. What should be the responsibility and response of that other state? What should happen to the family? These are important issues which we need to cogitate and reflect on, and to return to in another place.
John Hemming
I have looked at cases of people who have had their citizenship withdrawn while they have been out of the country, and there is a big issue about people becoming aware of a decision to remove their citizenship and having an opportunity to challenge it. Does the shadow Minister accept that although his objective is an improved procedural protection, his proposal runs the risk, in certain circumstances, of reducing it, because by the time someone finds out about a decision, the matter will have already gone to court, on an ex parte basis, and a decision will already have been taken? Perhaps it would be better left to judicial review, with the person having an opportunity to challenge a decision when they become aware of it.
Mr Hanson
My objective is the same, I think, as the Home Secretary’s, which is to protect the British people from potential terrorist activity at home and abroad. That is a key joint objective.
New clause 18 raises complex issues on which a range of individuals will have a view, but on which there has been no consultation outside the House. Let us look at the manuscript amendments and consider whether we could tighten up the process so that we are all content, and we will reserve judgment until we reach another place, at which point I hope we can reach a conclusion that meets our objectives.
Mrs May
I recognise the right hon. Gentleman’s point about the time to consider the new clause, and I am happy for the Government to have discussions with him to set out in more detail how it would operate. On that basis, I hope he will consider not moving his manuscript amendments, although obviously, following those discussions, the Opposition could come back to them in another place, if they felt it necessary.
Mr Hanson
I am grateful to the Home Secretary for her accommodation, and obviously we will reflect on her comments. This is an important issue, which is why we tabled the manuscript amendment. It is unusual for such amendments to be taken, so—I should have done this before—I would like to thank Mr Speaker for accepting it at this late stage. We tabled it so late simply because the new clause was also tabled late.
Sarah Teather
Has the shadow Minister noticed an anomaly that concerns me and on which I hope the Home Secretary can give some clarification? It appears that if someone applies for variation in leave, that leave is protected if their administrative review is pending, but not if they appeal.
Mr Hanson
That is another issue. Our amendment 1 would remove clause 11 from the Bill and allow the Government to reflect on the concerns raised by the hon. Lady—she speaks from the Government Benches, but I appreciate that she has an independent frame of mind—and on those expressed outside, in evidence to the Committee, and by my right hon. and hon. Friends about the impact of abolishing tribunals on the sort of people currently having their appeals upheld. Individuals are having their appeals upheld at tribunal, but under clause 11 such appeals will not be possible. Our proposal is either, in amendment 1, to remove clause 11 or, if the Home Secretary cannot accept amendment 1, in new clause 13, to provide for an assessment beforehand so that we can consider this matter in detail.
Madam Deputy Speaker, you will be pleased to hear that I am coming to my final point, although I have only spoken for half an hour—considerably less time than the Home Secretary took. The hon. Member for Esher and Walton has a range of support for his new clause 15, and in due course I will want to hear again what he has to say about it. Like my right hon. and hon. Friends, I want to see foreign criminals deported. That is right and proper. I was pleased, as well as doing counter-terrorism, to serve under my right hon. Friend the Member for Blackburn (Mr Straw) in the Ministry of Justice. He went to Vietnam to negotiate a deal to deport terrorists and prisoners there, and I went to Nigeria to do the same. We also negotiated a deal with the EU for it to accept foreign criminals, which the Government are now implementing and from which they are reaping the benefits. We have an interest in ensuring that foreign nationals living in this country who commit crimes and go to prison serve a sentence and then are ultimately returned to their home state.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
Does the right hon. Gentleman agree that there is a fundamental difference between deporting foreign criminals and deporting suspects?
Mr Hanson
There is, and we can explore that in due course, but I want to focus on the new clause tabled by the hon. Member for Esher and Walton, as the principle of removal is a reasonable one. Let us look at some of the tests that the Home Secretary talked about. I am not one to do this very often, but let me give credit to the Home Secretary: she is trying to make progress on a couple of issues in relation to existing legislation to try to improve the process of deportation. We have given our support to do that, but that process has not yet been developed, examined or evaluated. There is scope for us to look at whether what the Home Secretary has proposed is right and proper and is put into effect.
The hon. Member for Esher and Walton has a long history inside and outside this House of dealing with these matters, but there are still some concerns on the Opposition Benches about the measures that he is proposing, not because we do not want to deport foreign criminals, but because we want to do it in a way that maintains our integrity in relation to the convention on human rights and our integrity with our European and world colleagues. I say that because in relation to a similar amendment that he tabled to the Crime and Courts Act 2013, I have seen a note that perhaps I should not have seen—
Mr Hanson
I am going to. It is from the Home Secretary to the right hon. Member for Witney (Mr Cameron), who happens to be the Prime Minister. In the note, on the hon. Member for Esher and Walton’s amendment to the Crime and Courts Bill, the Home Secretary said that the amendment
“would be incompatible with the UK’s obligations under the ECHR… Nevertheless if this amendment passes both Houses of Parliament and becomes law the Secretary of State will be required to act in accordance with it and make deportation orders notwithstanding other ECHR obligations. This would significantly undermine our ability to deport foreign criminals.”
There are real issues that need to be explored. The Bill restricts appeals against deportation that use the right to a family life in article 8. We have supported the Government’s efforts to do that. There are foreign criminals who have committed serious crimes whom we cannot deport and who have used article 8 inappropriately, but the new proposals have not yet been tested in the courts. We support the Government’s view that the proposals in the Bill should be implemented and that gives us grounds to have severe scepticism about supporting the hon. Gentleman’s proposals. What I am not clear on is whether the Home Secretary shares that scepticism, whether she intends to allow the new clause to go forward, or whether she intends to block, support or abstain on it. I would welcome clarification by the time the hon. Gentleman has made his points.
Richard Fuller (Bedford) (Con)
The right hon. Gentleman, whose judgment on these issues I value acutely, referred to leaked Government correspondence. What is his position on whether my hon. Friend’s proposals would contravene our responsibilities under the ECHR?
Mr Hanson
I have served with the hon. Gentleman on a number of Committees. We have had useful and positive cross-party discussions. I say to him honestly that we have taken legal advice and we believe that the proposal would put us in contravention of ECHR responsibilities. The Home Secretary, I think, has had the same advice and the Home Secretary, I think, shares our view. The question for the Home Secretary is whether she wishes to exercise her judgement today or at a later date.
Mr Brazier
I am grateful to the right hon. Gentleman for giving way a second time. We have had a valedictory speech from Lord Judge, the previous Lord Chief Justice, in which he stated very clearly that it is time for it to be made clear which is the supreme court of this country: our Supreme Court or the court in Strasbourg. Does he have a view on that?
Mr Hanson
I am dealing with the practicalities of the issue before us today. [Interruption.] If the hon. Gentleman wants an answer, I will say that the ECHR is a valuable tool and we should uphold our obligations within it.
Provisions in new clause 15, according to our legal advice—I think it is shared by the legal advice that the Home Secretary has received—could cause more difficulties and breach our ECHR responsibilities. Those issues are to be tested, but we are left saying that if this is pushed to a vote we would potentially be looking at not supporting the hon. Member for Esher and Walton, depending on what he says. We will see in due course.
Mr Hanson
I will do so, but I say to the right hon. Gentleman, with whom I have served on Committees and whom I greatly respect, that I have had just over half an hour. The Home Secretary, for a range of reasons, talked for one and a half hours. I am trying responsibly to set out the view of the official Opposition so that Members can form a judgment.
Dr Huppert
I am grateful to the right hon. Gentleman. Before he finishes, will he comment on my amendment 74 about writing into law the end of child detention? Does he share my pleasure that this will now happen and that it will stop any future Government doing what the last Government did and detaining over 7,000 children within five years, including for 190 days? Is he pleased about that change?
Mr Hanson
I do not share the hon. Gentleman’s judgment on most issues, but that could be looked at. My hon. Friend the Member for Croydon North (Mr Reed) attended discussions yesterday on this matter and we will look at those matters in detail.
We are not the Government today; we are the official Opposition, on behalf of whom I say that we have severe concerns about new clause 15 and about the process and potential implications of new clause 18, but we will reserve judgment on that. The issue of the removal of tribunals is one that we need to address and to delete from the Bill. We need to look at some of the other issues before we give the Home Secretary unqualified support.
After many weeks of discussion, we have an Immigration Bill on which the Government appear to me, as a simple Front Bencher, to be in chaos on some of the key issues on which they will be judged. We must judge the Home Secretary on what she says, but there are real issues that need to be resolved. I would welcome hearing from the hon. Member for Esher and Walton why he believes that his proposal will not breach the ECHR on these matters. With that, I conclude to ensure that hon. Members have an opportunity to contribute.
Mr Dominic Raab (Esher and Walton) (Con)
I wish to speak to new clause 15 and amendment No 62 in my name and that of 105 other hon. Members from across three parties in this House. Subject to the will of the Chair, of course, I intend to press them to a vote to test the opinion of the House.
I welcome the engagement and consultation with officials and Ministers over what has been a two-year period, and with Opposition Members. I think what the shadow Minister said was code that they are going to abstain and I welcome that as well.
Mr Hanson
My gut instinct at the moment is not to support the hon. Gentleman by actually voting against him. I want to hear what he has to say and I also want to hear from the Home Secretary on whether there are further measures that we could jointly take to tackle the curse of foreign criminals not being deported in an appropriate way that meets our ECHR obligations.
Mr Raab
I thank the shadow Minister for his intervention, which was a very elegant way of sitting on the fence again.
The problem with which the new clause and amendments would deal results from the judicial expansion of the right to family life under article 8 of the European convention, which allows serious foreign criminals to evade deportation. It is, I think, common ground that the Strasbourg Court has steadily eroded United Kingdom deportation powers over the past few decades, but the tightest fetters have come from the UK courts as a result— rightly or wrongly—of the Human Rights Act 1998.
Mr Straw
On 24 November 2003, a young girl aged 9, Amy Houston, was killed on the west side of my constituency of Blackburn by a man driving a motor car, Aso Mohammed Ibrahim. He was an unfounded asylum seeker with no basis for remaining in the United Kingdom, and at the time of the motor accident had a number of convictions for driving while disqualified and driving without insurance. He received a relatively short prison sentence for causing death by careless driving. Thereafter, he developed a relationship with a woman in my constituency who already had two children by other men. He then went on to commit further offences.
When the Home Office made efforts to deport Aso Mohammed Ibrahim, he resisted them on article 8 grounds. The matter went before a tribunal, which found in his favour. I was Justice Secretary by that time, and I spoke to the then Home Secretary, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who ensured that a vigorous appeal was mounted in respect of that tribunal judgment. A new appeal was established, but that too was lost. Principally, it was lost on the ground not of Strasbourg law but of the way in which the British courts had widened the basis of article 8 beyond that of Strasbourg in order to protect individuals in this situation.
Knowing far more about the background of the case than ever went before the tribunals, my opinion was—and remains—that that man had abused his position in this country and set out to develop a relationship with a woman and have children with her solely in order to evade deportation and immigration controls. It is a matter of regret to me and to my right hon. Friend the Member for Kingston upon Hull West and Hessle that the courts appeared to endorse his wilful decision to evade those controls.
It is for those reasons that I, and those on my Front Bench, strongly support the amendments to the law that appear in clause 14 of the Bill. I have great regard for the hon. Member for Esher and Walton (Mr Raab), and I have talked to him at considerable length about the merits of his new clause. I am also listening carefully, as I said I would, to the debate today. I have no difficulty with seeking to direct the British courts towards a different conclusion from that towards which they are currently directed by the higher domestic courts in this country. That is also the purpose of clause 14.
I do have a problem, however, with the House knowingly deciding to legislate in a way that the best advice suggests would be incompatible with convention rights. That is because I am a strong supporter of the European convention on human rights. If the House wishes to decide to leave the convention, or to abrogate individual parts of it, it should seek to do so explicitly, rather than through an amendment of this kind. I accept that the hon. Gentleman has thought carefully about this matter, but it is with regret that I shall be unable to support his proposal today.
I also want to say a few words to those who think that this is all about the Human Rights Act. I was the Minister responsible for the Act, and I am proud of it. I hope that I will not cause the Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve), too many blushes if I say that I remember his courageous maiden speech in the House, in which he spoke out in favour of the Human Rights Bill, as it then was. Those on his Front Bench voted against the Bill on Second Reading, but by the time we reached Third Reading they had come round and wished the Bill well.
Mr Hanson
Given that the Attorney-General is in his seat, does my right hon. Friend agree that it would be appropriate for him to help us by telling the House what advice the hon. Member for Esher and Walton (Mr Raab) and the Home Secretary have had on this measure? In that way, he could provide clarity to enable us to discuss the matter formally.