Terrorist Attack: Nice

David Nuttall Excerpts

Monday 18th July 2016 Commons Chamber

[Amber Rudd]

I thank the hon. Gentleman for sharing his experience with us. Such personal stories make the tragedy come to life for us. He raises the important point that we want people to be vigilant and aware, but we do not want to give the terrorists the sort of publicity that they want. Our intelligence is that, because we are making progress against them and against Daesh in general, they are now trying to find ways of lashing out and being dangerous. It is right that we know that this is taking place, so that everybody can be vigilant against it.

[Mr David Nuttall (Bury North) (Con)]

May I welcome my right hon. Friend to her new position? As it is some time since the announcement was made of the recruitment of 1,900 more security staff, can the Home Secretary tell the House how many have so far been recruited?

[Amber Rudd]

I thank my hon. Friend for that question. I cannot give him the exact number at the moment, but I can tell him that we have made good progress, and that I will write to him with that number.

Removal of Foreign National Offenders and EU Prisoners

David Nuttall Excerpts

Monday 6th June 2016 Commons Chamber

[Mrs May]

My hon. Friend may not be surprised to hear that I draw different conclusions. It is obviously important that we are able to deal with those who try to cross our borders and have a record of criminality, and we must have access to information that enables us to make decisions about such people. That is why access to SIS II, and other systems that allow us to check criminal records, is so important.

[Mr David Nuttall (Bury North) (Con)]

The cost of foreign criminals coming to the UK is just one of the many strains that the free movement of people puts on the British taxpayer. Does the Home Secretary agree with the National Audit Office that the best estimate for the costs of administering foreign national offenders is £850 million a year, and could be as much as £1 billion a year?

[Mrs May]

Of course there are costs involved with people who come to the country. Indeed, there are British citizens who commit crimes, and the criminal justice system obviously bears costs to ensure that they are brought to justice and given custodial sentences in our prisons. I urge caution, however, because questions this afternoon have focused on foreign national offenders from other EU member states, but many foreign national offenders in prisons in the United Kingdom come from countries outside the European Union. We make every effort to return those foreign national offenders and deport those people, as we do for those from the EU.

EU Migrants: National Insurance Numbers

David Nuttall Excerpts

Thursday 12th May 2016 Commons Chamber

[James Brokenshire]

The ONS clearly says that the IPS is the best measure available to assess our long-term net migration numbers. We will continue to see how issues such as the availability of exit check data may help to enrich and support the ONS’s analysis, but its report’s conclusions today make it clear that the IPS remains the best measure.

[Mr David Nuttall (Bury North) (Con)]

National insurance numbers are obtained only by those who want to work legally and pay their tax or claim benefits. Inevitably, some EU nationals will be in the UK working illegally. What assessment has the Minister made of the number of EU nationals working cash in hand without a national insurance number, taking the jobs of our constituents? What is he doing to prevent illegal working by EU nationals?

[James Brokenshire]

My hon. Friend makes an important point about illegal working. It is why the new Immigration Bill, which we have been debating this week, includes new measures to target those engaging workers who do not have those rights to be here. Indeed, we will continue to work across government with Her Majesty’s Revenue and Customs and the Department for Work and Pensions to better identify those who are not complying with the rules and to take firm action against them.

Border Force Budget 2016-17

David Nuttall Excerpts

1st reading: House of Commons
Wednesday 20th April 2016 Commons Chamber

[Mrs May]

As the hon. Gentleman well knows, my constituency is not somewhere that normally takes asylum seekers, but I am pleased to say that it is taking some of the Syrian refugees under the resettlement scheme that has been put in place. The point is that we talk regularly with local authorities about where it is appropriate for asylum seekers to be dispersed to. Those conversations are continuing and I am pleased to say that a number of new local authorities have come on board. I also gently remind him that we have not changed the system of asylum dispersal; this is exactly the same system that was run by the last Labour Government.

[Mr David Nuttall (Bury North) (Con)]

Millions of pounds could be saved for the Border Force budget by having a more efficient removals system. What steps will my right hon. Friend be taking in the light of the findings of the independent chief inspector of borders and immigration in his report issued last month?

[Mrs May]

I am happy to tell my hon. Friend that we continually look at how we can improve our ability to remove people from this country. That is why we have brought forward changes in a variety of immigration Bills to enhance our ability to do that and, in particular, to make it harder for people to live illegally in the UK. The decisions put through in the Immigration Act 2014 to deal with people’s access to driving licences, bank accounts and rented property are all having an impact in improving our ability to identify illegal immigrants and remove them.

Foreign National Offenders (Exclusion from the UK) Bill

David Nuttall Excerpts

Friday 11th March 2016 Commons Chamber

[Mr Hollobone]

I am most grateful to my hon. Friend for his pertinent intervention and question. He demonstrates not only his attention to detail and his determination to ensure that he represents his constituents here on a Friday, but that he can get straight to the nub of the issue. He is as concerned as I am about the cost to his constituents of any aspect of Government expenditure. The answer to his question is that if there are 10,500 foreign national offenders in our prisons, the estimated cost is something like £300 million a year. The Home Office figure for the cost of imprisoning a prisoner is something like £26,000.

[Mr David Nuttall (Bury North) (Con)]

rose—

[Mr Hollobone]

I would be delighted to give way to my hon. Friend in just a moment, once I have answered the question of my hon. Friend the Member for Crawley. I did promise to give way to my hon. Friend the Member for Calder Valley (Craig Whittaker)—I keep thinking of Hebden Bridge, which is in his constituency—but then I will give way to my hon. Friend the Member for Bury North. I think that the figure is £26,000.

--- Later in debate ---

[Mr Hollobone]

I will give way to the hon. Gentleman after I give way to my hon. Friend the Member for Bury North, to whom I promised to give way some time ago.

[Mr Nuttall]

I just wanted to answer specifically the question that my hon. Friend posed a moment or two ago regarding the exact costs of placing a prisoner in secure accommodation. The latest figures are taken from the National Offender Management Service annual report and accounts for 2014-15, which was released on 29 October last year. They reveal that the costs per place are £36,259 a year, and the costs per prisoner are £33,291 a year.

[Mr Hollobone]

I am most grateful to my hon. Friend for that informative intervention. I congratulate him, as I always do, on the extent of his reading in his own private time outside of this place. If he is reading national offender management statistics with that level of detail, it shows that he spends a great of his own personal time researching issues that are important to his constituency.

--- Later in debate ---

[Mr Hollobone]

That is an extremely good question. The honest answer is that I do not know.

[Mr Nuttall]

May I suggest to my hon. Friend that one reason is that Poland might prefer this country’s taxpayers to pay the costs, rather than its own?

[Mr Hollobone]

My hon. Friend may well be absolutely right.

--- Later in debate ---

[Philip Davies]

My hon. Friend is absolutely right; it is a scandal, whichever way we look at it. The person was given 11 months rather than 12 months, despite the fact that he had arrived in Britain in Christmas 2000— 11 years previously—when he was given permission to stay for only four days! He was convicted 11 years later.

[Mr Nuttall]

Does my hon. Friend agree that the deliberate frustration of the will of elected parliamentarians in this place on behalf of the people is what brings politics into disrepute, when people subsequently blame us rather than the judges? They say, “It must be the politicians’ fault because our MPs did not put in place sufficiently strong pieces of legislation to stop this from happening.”

--- Later in debate ---

[Mr David Nuttall (Bury North) (Con)]

It is a pleasure, as always, to follow my hon. Friend the Member for Shipley (Philip Davies), who brings to the debate his own inimitable style and has demonstrated once again this morning his expertise on the whole issue of justice and home affairs, particularly the issue of foreign national offenders.

I thank my hon. Friend the Member for Kettering (Mr Hollobone) for picking up the baton at short notice and moving the Bill’s Second Reading on behalf of my hon. Friend the Member for Wellingborough (Mr Bone). He did so with great skill and demonstrated his own considerable expertise in this area. I am delighted to be one of the Bill’s supporters, because there is no doubt that it attempts to deal with a major problem that is of great concern to my own constituents.

My hon. Friend the Member for Wellingborough, in whose name the Bill stands, has demonstrated his considerable know-how in navigating the procedure for private Members’ Bills. The fact that he has managed to ensure that his Bill is at the top of a very long list of no less than 67 Bills set down for consideration today is evidence of that.

My hon. Friend should be commended for his perseverance with the Bill, because it is almost a year ago to the day—6 March 2015—when a previous version received its Second Reading. He noted at the time that he hoped that after the 2015 election, which was looming in the minds of all hon. Members a year ago, a Conservative Government would renegotiate the terms of our membership of the European Union and consequently make the Bill unnecessary, and that its proposed measures would be one of the red lines in the renegotiation.

As history has shown, my hon. Friend was right that a Conservative majority Government would be elected, but sadly he was wrong that they would insist that these matters would be a red line in the negotiations. Indeed, we now know that absolutely nothing was agreed in the negotiations to stop the free movement of people, which includes, of course, the free movement of foreign national offenders from within the European Union.

One reason my hon. Friend promoted the Bill again is the sheer scale of the problem of foreign-born individuals who commit crime in this country. I am not trying to suggest that everyone who comes here commits crime. It is all relative, and the scale of immigration into this country naturally brings with it an increase in the number of foreign national offenders.

According to figures provided by the House of Commons Library, between January and December 2014 there were approximately 5.3 million people with non-British nationality living in the UK, and a total of 8.3 million people who were born abroad. It is further estimated that, on top of that, some 25,800 asylum seekers entered the United Kingdom in 2014, and they were part of approximately 632,000 long-term international immigrants who entered during that year. On top of that are all those who are in the country illegally. For obvious reasons, it is difficult to be precise about the number of illegal immigrants, but there are many of them and, by definition, every single one of them has broken the law, because they have broken the terms of the Immigration Act 1971, as we heard last week on Second Reading of the Illegal Immigrants (Criminal Sanctions) Bill.

It is, perhaps, not surprising, given the huge number of foreign nationals living in our country, that some of them turn out to be wrong ’uns or bad apples. Each year, the Metropolitan police alone arrest, on average, 230,000 suspects, of whom 70,000 are foreign nationals. Only last month, the Daily Mail reported the staggering administrative costs involved in dealing with the arrests of foreign nationals, including the cost of interpreters.

It reported:

“Scotland Yard has arrested 11 people claiming to be from Dahomey—a West African nation which ceased to exist from 1975.”

That highlights the importance of checking, on arrest, the actual background of those arrested. The bill to the taxpayer for providing translators for suspects, witnesses and victims was £6.8 million between April 2014 and April 2015. The analysis by the Daily Mail showed that the translation bill worked out at an average of £100 per arrest of every foreign national.

Figures released following a freedom of information request showed that 227,535 people were arrested by the Metropolitan police in 2014, the latest year for which full figures are available. Of those, 159,294 were British nationals, and the remaining 68,241 were born abroad.

[Mr Hollobone]

I am enjoying my hon. Friend’s speech immensely. He is painting a very vivid picture of the wave of criminality that this country, and especially London, has experienced in recent years. Until recently, I served as a special constable with the British Transport police on the London Underground. I can tell him that something like eight or nine out of every 10 people arrested for pickpocketing on the underground in recent years were Romanians and Bulgarians, who had entered this country under the free movement regulations, for thieving from commuters.

[Mr Nuttall]

I am not surprised by my hon. Friend’s observation because I was going on to say that Romanians made up the largest group of foreign nationals arrested: 7,604 Romanian suspects were held, followed by 7,429 Polish, as well as 3,618 Lithuanians, 2,928 from India, 2,740 from Nigeria and 2,280 from Jamaica.

[Philip Davies]

In his remarks, will my hon. Friend comment on whether the Bill is compatible with the EU charter of fundamental rights? The 2010 manifesto—we both stood on that platform, which catapulted the Prime Minister into 10 Downing Street—said there were “three specific guarantees”, including one on the charter of fundamental rights, and that we would

“seek a mandate to negotiate the return of these powers from the EU to the UK.”

Unfortunately, the Prime Minister appears to have forgotten to include that in his letter and it was not therefore part of the negotiation.

[Mr Nuttall]

My hon. Friend opens up an entirely new area of debate. I suspect that the European Court Justices would rule against the content of the Bill under the charter of fundamental rights, because they would find that it was against the freedom of movement provisions of the treaties. That is why the very first line of the Bill says:

“Notwithstanding any provision of the European Communities Act 1972”.

It would be an interesting situation if the European Court of Justice ruled that the provisions in the Bill fell foul of the charter, but this House said that it would disregard the ruling because of what was in the manifesto, regardless of whether that matter was included in the terms of the renegotiation. As we now know, there are to be no changes to the provisions relating to the free movement of people.

Even though the latest offender management statistics for England and Wales show that, for the first time in a decade, the number of foreign national offenders held in custody and immigration removal centres operated by the National Offender Management Service had fallen below 10,000, some 12% of the current prison population in England and Wales is made up of foreign national offenders, so one in eight of those in our prisons are foreign national offenders.

The latest number that I have is that, as of 31 December 2015, there were 9,895 of them. That is, it has to be said, a decrease of 6% compared with 31 December 2014, but that is mainly due to the closure of the Home Office-commissioned places at the Haslar and Dover immigration removal centres, which took place last year. The Ministry of Justice’s figures for the period up to 31 December 2015 include 345 prisoners whose nationality has not been identified and recorded. Of course, if those unrecorded foreign national offenders were included, we would still be above the 10,000 mark.

It is still the case that 12% of the prison population in England and Wales is made up of foreign national offenders, at an enormous annual cost to UK taxpayers. That is 10,000 people who are likely to be released at some point in the future; 10,000 people who, if they are not deported, could live in our communities; 10,000 people who have chosen, of their own free will, to break the law of the country that has welcomed them in and provided them with a home.

The latest offender management statistics bulletin from the Ministry of Justice states:

“The five most common nationalities after British Nationals in prisons in England and Wales are Polish, Irish, Romanian, Jamaican and Lithuanian, accounting for approximately one third of the foreign national population and one in twenty of the prison population overall.”

It is absolutely right that we, as a country, should seek to attract the brightest and the best to contribute to our society, where they are needed, but it is equally right to put in place a robust mechanism to ensure that those who choose to break the rules are excluded. The Bill is intended to do just that. Foreign national offenders are in prison because of a wide variety of offences, but the very fact that they are in prison signifies that they are the most serious of offences.

[Henry Smith]

My hon. Friend is rightly focusing on foreign nationals who are given a custodial sentence. However, over the past decade or so, UK Government statistics have shown that less than 10% of those who are convicted of a crime receive a custodial sentence. That suggests that the number of foreign nationals who have been convicted is in the region of 80,000 or more.

[Mr Nuttall]

My hon. Friend is right that much of the debate this morning has focused on the foreign national offenders who are in our jails, who, by definition, are those who have committed the most serious offences. As my hon. Friend the Member for Shipley said, even those who have committed 100 offences are more likely than not, when appearing before the courts, not to be sent to prison. When somebody is convicted of a minor offence, it is pretty difficult to sentence them to a term of imprisonment.

The latest figures from the Ministry of Justice on the prison population, up to 31 December last year, show that 978 foreign national offenders have committed crimes so serious that they are subject to extended determinate sentences. The same figures reveal that 2,399 foreign national offenders have sentences of less than four years, so those people could well be—and most likely will be—back on our streets before the next election.

The Under-Secretary of State for Justice, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), confirmed in a written answer on 23 March last year, in response to a question from the hon. Member for Wirral South (Alison McGovern), that the foreign national prison population in the UK included 1,657 people who had committed violence against the person, 1,035 who had committed a sexual offence, 1,192 who were in prison for drug offences, 527 who were in for robbery and 400 burglars.

Let me bring those thousands of offences to life with just one example. Mircea Gheorghiu is a Romanian national who served a six-year sentence for rape in Romania, where he had also been jailed twice for cutting timber without a licence. He reportedly entered the UK in 2002 following his release, after serving only two years and eight months of his sentence. He remained in the country while his wife and children stayed in Romania. In January 2007, Romania joined the EU, so he was allowed to stay in the UK. He was arrested for drink-driving and convicted in November 2007, and banned from driving for 20 months. When his criminal past was uncovered, the Home Office rightly deported him under the new “deport first, appeal later” scheme. However, following an appeal at the immigration tribunal, the press reported on 28 February that because Mr Gheorghiu was an EU citizen, incredibly he was allowed to return to the UK. Why? Because the two judges in the tribunal ruled that his crimes—he had originally been convicted of rape in Romania—were not serious enough to warrant deportation, and that EU citizens should be removed before their appeal hearings only in exceptional circumstances because of their right to free movement and the human right to family life.

[Mr Hollobone]

I am listening to my hon. Friend with great interest. He is bringing fresh information and new insight to the debate, and informatively extending the scope of our deliberations. Did the judges in that case give any indication of how serious a crime would have to be for deportation to be triggered?

[Mr Nuttall]

In truth I do not know whether they gave such examples, but I think that the ruling put future deportations at risk. Understandably, it will only serve to increase the sense of frustration that so many of our fellow citizens feel at how powerless this country now is to keep out convicted criminals.

[Mr Chope]

The “deport first, appeal later” provision was at the core of the Government’s last Immigration Bill, but from what my hon. Friend says, the European Court of Justice has driven a coach and horses through that.

[Mr Nuttall]

That provision already seems to have run into the quicksand, if I can put it like that. As my hon. Friend the Member for Shipley pointed out regarding the UK Borders Act 2007, despite the Home Office’s latest plan—at least it is trying to do something, to be fair to it—the will of elected Members of this House has yet again been frustrated by the judiciary, who seem to think they know better than those of us who represent our constituents.

[Mr Hollobone]

I am not a lawyer, which I am rather proud of—[Interruption.] Someone says, “Evidently”. Perhaps, but maybe those of us who are not lawyers are more in touch with the real world than those who have been. Is it the Human Rights Act or our membership of the European Union that is preventing deportations in cases such as he mentioned, or an element of both?

[Mr Nuttall]

It is a bit of both, and partly because the European Union now includes the EU charter of fundamental rights, which essentially replicates the European convention on human rights—for these purposes those things are one and the same. If we are powerless to stop convicted rapists entering our country, we must ask what has become of our national sovereignty. I have no doubt that millions throughout the country will believe that the case that I have mentioned alone demonstrates that we need to change that state of affairs and why the Bill is so necessary.

Clause 1(1) requires the Secretary of State to make regulations, which I believe should deal with the process of removal. We are fortunate that the National Audit Office has investigated the costs and processes of returning foreign national offenders, and that it published a detailed report, “Managing and removing foreign national offenders”, in October 2014. Before anyone starts to complain that this situation is all the fault of the current Government, it is worth noting briefly that, according to the report, back in 2006, the Home Office found that more than 1,000 foreign national offenders had been released from prison without even being considered for deportation.

Although the NAO report acknowledged that the coalition Government put more resources into managing and removing foreign national offenders, it also made it clear that progress on reducing the number of foreign national offenders in our jails was slow. It confirmed—this deals with the point that my hon. Friend the Member for Kettering has just raised—that the difficulties that hindered removals were caused by the application of the European convention on human rights, as well as the application of European law on the free movement of persons. There we have it: the National Audit Office has confirmed his concerns.

[Pauline Latham]

Does my hon. Friend agree that it is rather strange that Nigerian prisoners call on the European Court of Human Rights when they are not European? They live in this country but retain their Nigerian nationality.

[Mr Nuttall]

If that is the case, it does seem strange—I am sure it will seem very strange to our constituents.

The NAO report acknowledged that the Government have put more resources into managing and removing foreign national offenders and made it clear that progress had been made, but it highlighted that the police had carried out an overseas criminal record check on only 30% of foreign nationals arrested. It made it clear that obtaining relevant documents such as passports at an early stage would greatly speed up the process of removal, and that fostering closer links between immigration officers and front-line police officers would speed up the process.

The Public Accounts Committee provided a commentary in its report, “Managing and removing foreign national offenders”, which was published in January 2015 following the NAO report. The Committee’s report states that

“police forces have been slow to recognise the importance, when arresting foreign nationals, of checking their immigration status and whether they have a criminal record overseas and they rarely use search powers to find evidence of identity and nationality.”

Whatever the reasons for that—it could be a lack of training or a lack of awareness—it is significant, because establishing nationality at an early stage would allow for further background checks to be carried out.

The report also states:

“Only 30% of foreign nationals arrested were checked against one key overseas database for a criminal record in 2013–14, and the great majority of police forces do not have automated links between fingerprint machines in their police stations and the Home Office’s immigration databases.”

The Committee suggested that a massive £70 million could be saved by fostering and developing such links.

The NAO noted in its report that in 2013-14, more than one third of foreign national offenders who were removed left as part of the early removal scheme. That is the scheme that returns foreign national offenders to their country of origin before they would be let out of prison if they were back here in the UK. The NAO also noted a key improvement in reducing the number of failed removals from 2,200 down to 1,400, but 1,400 still fail. That number is still far too high. I hope we will hear some detail from the Minister on why so many removals fail and what is being done to improve the situation.

Very often, we hear that problems with the delivery of Government services are due to a lack of resources, but the Public Accounts Committee noted that the number of staff working in foreign offender management had actually increased from fewer than 100 in 2006 to more than 900 in 2014—a huge percentage increase. The taxpayer can rightly expect to see an enormous improvement for that increase.

It is helpful to consider the cost to the taxpayer of dealing with foreign national offenders, because it demonstrates what an enormous drain on taxpayer resources this problem is. The NAO estimated that the average cost of managing a single foreign national offender was about £70,000 a year. The total bill for 2013-14 was an estimated £850 million, which confirms a figure that was mentioned earlier. I should add that that does not represent the total cost of a foreign national offender to British society. The figure is an estimate from the NAO, because there is an absence of definitive data. There is of course the possibility that the actual cost is much higher when one considers all the costs, from the investigation of the crime through to managing an offender in the community. Perhaps the most notable finding by the NAO, which the PAC also raised, was that managing foreign national offenders costs an estimated £100 million a year more than managing British prisoners. The Committee also noted that the Home Office did not know the reoffending rates of foreign national offenders in the community. The public will want to have confidence that such matters are now being addressed and recorded. I look forward to hearing the Minister’s comments on that point.

Both the NAO and the PAC highlighted the delays in the removal process. The NAO carried out a review of 52 cases in which a foreign national offender had been successfully removed and discovered that 20 cases had had avoidable processing delays. They included seven instances where the case had not been worked on for an average of 76 days, and a further six cases where administrative errors had delayed the process. In order to gather information on foreign national offenders, the Home Office sends out to each one a 50-question paper form. On average, it takes 32 days just to send out the questionnaire, which does not exactly give the impression of speed or urgency. It is perhaps not surprising that foreign national offenders are not so keen on administrative matters such as paperwork. It is not a surprise that almost half of the forms are never, ever returned.

[Mr Hollobone]

Are these forms being sent to foreign national offenders in English, or are they in the language of the offender themselves? Or is there yet a further burden to the taxpayer in having to translate that document for the offenders to respond to them?

[Mr Nuttall]

That is a good point. I am sure my hon. Friend the Minister will know the answer to that question and will be able to enlighten my hon. Friend when we hear from her later in the proceedings. As my hon. Friend noted in his speech, foreign national offenders are from every corner of the globe. It would indeed be an enormous task to ensure that the form sent to each foreign national offender was in a language that that individual could understand. I rather wonder whether all the forms are sent out in English. That might go some way towards accounting for why fewer than half are returned to the Home Office.

There were 1,453 failed removals in 2013-14, and although 36% of the cases in which the Home Office tried to remove a person but could not occurred for reasons that the Home Office considered to be within its control, nearly two thirds of the remaining 930 were classified as being outside its control. If the Home Office has lost control of the process, I think it fair to ask who has that control.

Another issue that arises from the removal of foreign national offenders is the compensation that is payable to those against whom legal proceedings are taken by the Home Office, and who then take proceedings against the Home Office for unlawful detention. That, I think, is another reason why it is so important for the Bill to be passed and the law clarified. The National Audit Office reported that between 2012 and 2015, £6.2 million in compensation was awarded to 229 foreign national offenders. It really is a case of adding insult to injury. On average, about £27,000—approximately the average UK salary—had to be paid out following claims alleging breaches of the processes under the Immigration Act 1971 and the UK Borders Act 2007.

Not much has been said today about prisoner transfers. On 5 November 2014, when asked about transfer agreements, the permanent secretary to the Home Office said in evidence to the Public Accounts Committee:

“Most prison transfer agreements are with the consent of the prisoner, and that is worldwide. That has mostly been because we have tried to get Brits back to serve their sentences within the UK. The big change in the EU...is to make prison transfer compulsory—without the prisoner complying.”

The permanent secretary was referring to a fundamental change from the previously exclusively voluntary approach to international prison transfers. He went on to say:

“There are specific arrangements in place with the Irish Republic. For Poland, there is a stay in implementation while they improve their prison system.”

The Committee noted that over the past few years, the number of British nationals returned to UK prisons through the prison transfer agreements to complete their sentences had been about double the number of foreign national offenders being removed. Noting that imbalance, my hon. Friend the Member for Peterborough (Mr Jackson) observed during the oral evidence session:

“So we are actually not exporting criminals; we are importing criminals. One of our growth areas is importing foreign criminals. It takes a special genius to put in place a system under which we are net importing foreign criminals into our prison estate.”

There is clearly a real problem here. Surely we ought to be removing more foreign national offenders than we import. The problem is there are relatively few effective prison transfer agreements in place. Poland, which has the highest number of foreign national offenders on the prison estate, has been exempted until the end of this year.

The principle of exclusion or removal of foreign national offenders is at the heart of the Bill, and I think it would be helpful to be clear and simple about that process. I would have hoped that serious offenders would be prevented from entering the country in the first place, but sadly that is not always possible. There are many cases of criminals being allowed into the UK, where, not surprisingly, they commit further crimes. We must improve border checks, but once a foreign national is in the UK, if they commit a crime, the police must check their identity and check whether they have been engaged in any previous criminal activity. Clearly, the administrative process of removal should then be straightforward. If a foreign national is convicted, a caseworker should be attached and should determine as soon as possible whether there are likely to be any barriers to deportation. That could be an appeal based on human rights legislation, a lack of co-operation from the home country, or a lack of co-operation from the offender. If those problems were identified early, the relevant authorities could take action so that when the time for deportation came, it could proceed smoothly.

In his Policy Exchange speech on prison reform only last month, the Prime Minister spoke about action in this area. I agreed with him when he said:

“Of course, there is one group I do want out of prison much more quickly, instead of British taxpayers forking out for their bed and breakfast: and that is foreign national offenders.”

He announced plans to legislate to give the police new powers. In light of those comments, I hope we will hear from the Minister that the Government will support the Bill today.

[Caroline Lucas (Brighton, Pavilion) (Green)]

On a point of order, Madam Deputy Speaker. Is it within your power to suggest to Government Members that they begin to bring their comments to a close? They have now been debating a two-clause Bill for three and a half hours—a Bill that was debated last year and then withdrawn from the Floor of the House. I think this practice risks bringing the House into disrepute. There are so many people who really want us to get on to the next business about the NHS, which is incredibly important. For these few Conservative Members to be talking for so long is simply not courteous either to the rest of the House or to the people outside the building who want to see what is going on.

--- Later in debate ---

[Madam Deputy Speaker]

These are no longer genuine points of order; they are points of frustration. The Procedure Committee is currently doing an inquiry into private Members’ Bills, so I direct the hon. Gentleman to that. There are other avenues through which he can raise issues that are of concern to himself and to his constituents. Now is not the time. With that, I think that is the end of points of order on this matter.

[Mr Nuttall]

According to information released by the Home Office on immigration enforcement transparency data for the fourth quarter of 2015, of the 5,789 foreign national offenders subject to deportation action, 1,865 had been living in the community for 60 or more months, showing how complex some cases can be and the obstacles that the Home Office faces when trying to deport people. Hon. Members may be aware that, according to Home Office figures, the average time taken to deport a foreign national offender is 149 days. Were the Home Office to take action today, a foreign national offender would not have to worry about being deported until 5 August.

When a person is sentenced to 12 months or less in prison, the Government can consider deportation only on a public interest basis by looking at the cumulative effect of the offending. The Bill would ease that administrative burden. For example, a foreign national offender from a non-EEA country with a six-month sentence would be excluded from the UK under clause 1. As has been noted, if we turn to EU nationals we come up against the problem of the principle of free movement of people. If people abuse that right, it is absolutely right that this country should have the right to exclude them if they break our laws.

In conclusion, this is, on the face of it, a modest Bill, but one with huge potential to help remove from the country those who seek to abuse our generosity by breaking our laws. We have heard how big the problem is: around one in eight of the prison population is a foreign national. The price tag attached to keeping all these foreign nationals in our jails is somewhere in the region of a huge £250 million a year, so there is a massive incentive to get the problem sorted out not only for law and order, but for the British taxpayer. The Bill seeks to move the pendulum back in favour of the law-abiding majority and the taxpayer, and I hope it receives the unanimous support of the House.

Child Refugees: Calais

David Nuttall Excerpts

Monday 29th February 2016 Commons Chamber

[James Brokenshire]

I think that the hon. Gentleman can see from the Government’s actions that we take our responsibilities very seriously. With the funding that we have committed not just in and around Syria but in Europe, and with the additional £10 million fund that the Department for International Development is operating to ensure that children in transit who are in need of help, counselling or other support can receive it, that is precisely what we will do.

[Mr David Nuttall (Bury North) (Con)]

Has the Minister had any discussions with his French counterpart to find out the reasons why the migrants in Calais did not claim asylum in the other safe countries that they travelled through before arriving in France?

[James Brokenshire]

The reasons are often quite complex. The Chair of the Home Affairs Committee highlighted the role of people traffickers and smugglers, as well as those who sell false hope through a whole host of different means and networks, including social media. Other reasons may relate to the existing diaspora communities and the whole issue of language. Through the actions on which we are supporting the French Government, and indeed those that we are taking ourselves in the camps, we are giving the clear message that people should claim asylum in France.

Oral Answers to Questions

David Nuttall Excerpts

Monday 22nd February 2016 Commons Chamber

[Mr David Nuttall (Bury North) (Con)]

The Prime Minister has claimed that he has delivered on his promise that

“if an EU jobseeker has not found work within 6 months, they will be required to leave”—

a promise that he made to JCB workers on 28 November 2014. However, in reply to my written question, number 17574, in December last year, the Immigration Minister admitted that EU migrants can

“keep the status of jobseeker for longer than six months”.

Will the Home Secretary clarify who is right—the Prime Minister or the Immigration Minister?

[James Brokenshire]

I think we can safely say that the Prime Minister is right. In a few moments, my hon. Friend will hear precisely how the Prime Minister has set out the agenda in relation to welfare benefits.

Riot Compensation Bill

David Nuttall Excerpts

Friday 5th February 2016 Commons Chamber

[Mr David Nuttall (Bury North) (Con)]

I rise to support amendments 1, 2 and 3, which my hon. Friend the Member for Dudley South (Mike Wood) has tabled. It is encouraging that he took the opportunity afforded to him in Committee to listen to the representations made to him and tabled these amendments for consideration this morning. They are relatively modest but important amendments. It is important that the Bill should set out clearly the time period within which claims should be made, as amendment 1 provides, so that there is no confusion and it is not left up to others to make such a determination by way of regulation. It is for the House to decide that claims must be brought within 42 days and further evidence provided within 90 days after that.

I particularly support the intention behind amendment 2. It seems perfectly reasonable that where someone’s home is rendered uninhabitable as a result of a riot, the costs of their moving into alternative accommodation should be taken into account. I am grateful to my hon. Friend for tabling amendment 2 and the consequential amendment, amendment 3.

--- Later in debate ---

[James Brokenshire]

Again, the best place to deal with that and give clarity about the operation of the Bill is in regulations. I hope that given what I have said today about the intention to introduce regulations to sit alongside the Bill, hon. Members will be reassured on this important point about charitable donations. The right hon. Member for Tottenham indicated that he thought the best place to deal with that would be in regulations. That is our judgment too, but I hope that what I have said to the House is helpful in providing clarification and setting out the how the Government will seek to operate the provisions in the Bill. Obviously, right hon. and hon. Members will be able to examine the regulations when they are published, following Royal Assent—we hope that will happen, but both Houses need to give the Bill their consideration.

[Mr Nuttall]

I appreciate the points the Minister has made. In the internet age, donations from the public often come through crowdfunding exercises. Will he confirm that the regulations will make it clear that funds raised in that way for the purposes he has just set out—I appreciate the distinction he made with respect to the purposes—will also be excluded?

[James Brokenshire]

The most important thing is that we define the charitable purpose for which contributions have been made, rather than reflecting on the manner in which those moneys have been given. It is about the fundamental purpose, although my hon. Friend makes an interesting point that people will want to examine as we introduce the regulations. I hope that my comments have helped in our consideration of the amendments.

--- Later in debate ---

I say that because there is some tension in the fact that it is the Home Office and the Met that pay out compensation, and it often arises at the point of declaration. On previous occasions there has certainly been controversy when the Home Office and the Met have not wanted to declare a riot. That tension comes up again in relation to how much compensation is paid. Of course they are reluctant to pay more than is necessary, and I understand that, because it comes out of the public purse. That is why amendment 7 would provide for greater scrutiny of the figure; how it is arrived at, what methodology and evidence are used, and whether it might not be more appropriate to lay the draft before this House so that scrutiny can take place here, as is appropriate from time to time.

[Mr Nuttall]

I am a bit confused—I am always confused, but I am particularly so this morning—by these amendments. Could the right hon. Gentleman briefly explain which of his three different proposals he would personally like to see enacted? It seems to me that he is proposing no cap, a cap of £10 million and a cap to be decided by a formula that is yet to be determined.

[Mr Lammy]

The hon. Gentleman will recall, because he was on the Public Bill Committee with me—

[Mr Nuttall]

indicated dissent.

[Mr Lammy]

Forgive me. The hon. Gentleman was not on the Committee, but if he reads the Hansard report of its proceedings he will see that there was quite a lot of debate about this figure. The Government were unable to give much detail of how they arrived at the figure. The Minister has since written to my right hon. Friend the Member for Knowsley, who chaired the Committee—its members were copied in—and given greater clarity on what the Government were told by the insurance industry and on the amount of figures that came under £1 million. I received that letter after tabling these amendments. However, the amendments are probing, because it would be quite wrong for a Bill of this kind to pass quietly through the House without discussion and scrutiny. I see the hon. Member for Croydon Central (Gavin Barwell) nodding in agreement, because his constituency was caught up in the riots. My amendments have been tabled in that spirit.

The hon. Member for Bury North (Mr Nuttall) is right: there is of course a difference between removing the £1 million cap and raising it to £10 million. I suspect that not all of my amendments will be pressed to a vote. However, I emphasise amendment 7, in particular, because it facilitates scrutiny and the need to return to this figure in future, which must be right. I do not want the House to settle on £1 million and then find in 10 or 15 years that it would leave a lot of people, particularly in London and the south-east, really short if their property were damaged in a riot.

Donald Trump

David Nuttall Excerpts

Monday 18th January 2016 Westminster Hall

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

It is indeed a pleasure to serve under your chairmanship, Sir Roger. Donald Trump’s comments that he would ban Muslim men, women and children from the USA, if he were to be elected as President, were almost universally condemned as racist and offensive. I welcome the condemnation that his statement received from all parts of the House and, indeed, in this debate. I also welcome the fact that Members of the public have decided that this issue is serious and merits parliamentary scrutiny, which is why we are having this debate.

In making his announcement and subsequent remarks, Mr Trump condemns a whole religion because of the actions of a terrorist death cult. He also speaks in derogatory terms about women, people with disabilities and Mexicans—the list is never-ending. He is not just wrong; his comments are dangerous, and his views must be tackled seriously.

[Mr David Nuttall (Bury North) (Con)]

Does the hon. Lady not think that Mr Trump might well be making these comments because he not only thinks they are true, but wants lots of publicity to help his election campaign?

[Ms Ahmed-Sheikh]

It is not for us to try to get into Donald Trump’s mind. However, it is important for Members here to understand what it is like for Muslims in this country when people take comments made by those such as Mr Trump as expressing genuine concerns about those of us who practise the Muslim faith. That is a very uncomfortable place to be in, and I hope the hon. Gentleman accepts my personal experience in that respect.

Mr Trump condemns my family. In a similar vein, in the ridiculous situation he has created, he condemns the political editor of Sky News, the chief executive of Tate and Lyle, and some of our greatest Olympians. He condemns the leaders of Bahrain, the United Arab Emirates and Jordan for the actions of the very terrorists they are working together to overcome in Iraq and Syria. He does that because we are all Muslims—that, for him, is the one and only common denominator.

Rather than combatting the serious issue of international terrorism, Trump’s statements have bolstered the twisted narrative promoted by the terrorist cult Daesh and others, which pits the west against the Muslim faith. He has fuelled racial tensions across the world, while undermining the national security of the US and the UK. Indeed, in the words of Pentagon spokesman Peter Cook at the time Mr Trump made his statement:

“anything that bolsters ISIL’s narrative and pits the United States against the Muslim faith is certainly not only contrary to our values but contrary to our national security”.

Donald Trump threatens not only the national security of our friends in the USA, but our security. Since her appointment in 2010, the Home Secretary has banned hundreds of individuals from the UK. Quite correctly, her job is to protect public safety and to promote our security. She has already explicitly excluded 84 people for hate speech, and she should make Donald Trump No. 85. Using the powers vested in her, she has excluded serious criminals, far-right extremists and homophobic extremists, and the same rules should be applied consistently and equally to all—if we agree they should exist, they should exist for that very reason. We have a responsibility to ensure peace and security, and we should ensure that whoever enters or leaves our country is treated in the same way.

I am proud that the Scottish Government have taken a lead by removing Trump’s status as a GlobalScot ambassador. As for questions about hypocrisy, it is important for me to confirm that that status was bestowed on him by a former Labour Administration, so let any myth about that be dispelled now. However, the same point applies: no genuine person could possibly have envisaged that this man would make such horrendous comments.

The UK Government now need to demonstrate their commitment to promoting religious harmony by applying their own rules consistently in this case. I understand the argument made by some that we should educate Mr Trump and that we should invite him here to see for himself how to build bridges with the Muslim community, rather than putting up barriers. This is a man who seeks to be President of the United States of America, and we think we need to educate him. We should be very worried if a man lacking such education seeks to lead a nation.

Oral Answers to Questions

David Nuttall Excerpts

Monday 11th January 2016 Commons Chamber

[James Brokenshire]

No, I do not agree with the hon. Gentleman’s analysis. When we look at the students coming from China, we can see that the numbers have increased by about 9%. The way in which international markets operate can sometimes be quite complex, particularly in countries such as India, where the use of agents can be important. When I go to India later this year, I will certainly underline the clear message that the UK remains an attractive place for students to come to study.

[Mr David Nuttall (Bury North) (Con)]

We all welcome international students, but what steps is my right hon. Friend taking to ensure that international students who overstay are removed?

[James Brokenshire]

My hon. Friend highlights the important point: we want to attract students to come to this country to study, but we also want to ensure that they leave at the end of their time. That was a particular problem under the previous Labour Government, but we are using exit check data to work with the university sector to see that students leave when they have completed their studies.