Oral Answers to Questions

Dominic Raab Excerpts

Tuesday 8th March 2016 Commons Chamber

[Suella Fernandes (Fareham) (Con)]

9. What recent discussions he has had with the Home Secretary on steps to remove foreign national offenders from UK prisons to their home countries. [R]

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

The Justice Secretary and the Home Secretary have regular bilateral meetings in which they discuss progress on removing foreign national offenders from UK prisons and more generally. It remains a top priority for both Departments.

[Bob Blackman]

In London, we welcome people who come here to study, be tourists or add to our economy, but not those who commit crime and are then imprisoned. With 40% of crime in London committed by foreign nationals, what more can my hon. Friend do to ensure that those responsible are deported at the end of their sentences and not allowed back into this country?

[Mr Raab]

The number of foreign national offenders in the prison population went down by 1,240 between June 2010 and December 2015, but my hon. Friend is right and we strive to do better. Further action is being taken. As the Prime Minister announced on 8 February, we have introduced in the Policing and Crime Bill a new clause that requires defendants appearing in court to provide their name, date of birth and nationality. That is an important tool, backed up by a criminal offence for failure to respond that will help us to remove even more FNOs. That is vital for public protection and vital to saving precious taxpayers’ money.

[Andrew Bridgen]

Does my hon. Friend agree that it is totally unacceptable for the British taxpayer to be paying for foreign criminals?

[Mr Raab]

My hon. Friend is right. We have a range of existing measures, as well as the new action I have just described. The early release scheme allows for the early removal of foreign national offenders. We remove about 1,800 prisoners per year under that scheme and there are also prisoner transfer agreements. Overall, 29,000 FNOs have been removed between 2010 and 2015.

[Mr Speaker]

I call Suella Fernandes. She is not here. I call Mr Philip Hollobone.

[Mr Philip Hollobone (Kettering) (Con)]

What efforts are made to ensure that EU national foreign offenders who have been returned to their countries are banned from returning to the United Kingdom—or is that sort of sensible precaution not possible while we are a member of the European Union?

[Mr Raab]

My hon. Friend makes, if I may say so, a predictable but powerful point. There clearly are restrictions as a result of free movement, but we try to exercise the powers we have as strenuously and as vigorously as possible.

[Valerie Vaz (Walsall South) (Lab)]

My constituent was stabbed by a criminal who was given an indefinite hospital order. In my view, he should be deported. If I write to the Minister, will he look at the case to see that justice is done for my constituent?

[Mr Raab]

Those kinds of cases are very serious and very traumatic for the family. I am very sympathetic, and the hon. Lady should please feel free to write to me. All I would say to Opposition Members is that when we come to consider human rights reform, I hope that on the substance we can enlist as much support across the House as possible.

[Keith Vaz (Leicester East) (Lab)]

The Minister will know that 25% of the foreign national offenders in our prisons come from three EU countries: Ireland, Poland and Romania. What is the reluctance of other EU countries to take back their own citizens who have been committing crimes in our country?

[Mr Raab]

We try, through our prisoner transfer agreements and residual national powers, to exercise powers as robustly as possible to remove as many people as possible. The right hon. Gentleman will know that, as a result of the EU free movement rules and of the Human Rights Act 1998 and human rights regime—which is, in fairness, separate, albeit related to some degree—there are restrictions. As I said to the hon. Member for Walsall South (Valerie Vaz), when it comes to looking at human rights reform I hope sensible people with experience, such as the Chair of the Home Affairs Committee, will look very carefully at the substance and not just take a purely political stance.

[John Pugh (Southport) (LD)]

In July 2012, when the Government signed a compulsory transfer agreement with Albania, the then prison Minister said he hoped it would be the first of many. How many have there been since then, and how is the arrangement with Albania going?

[Mr Raab]

We have more than 100 bilateral prisoner transfer agreements, as well as Council of Europe and Commonwealth schemes. If the hon. Gentleman wishes, I can write to him in due course on the particular numbers under the Albanian agreement.

[Chris Philp (Croydon South) (Con)]

Does the Minister agree that the deportation of foreign national offenders is in some cases inhibited by the operation of the Human Rights Act? If so, will the Minister update the House on plans to repeal it and replace it with a British Bill of Rights?

[Mr Raab]

My hon. Friend is absolutely right. One specific issue we want to look at in some detail is the scope to which our Bill of Rights can facilitate the removal of serious offenders, particularly when they have relied on their rather elastic, opaque and ever-expanding rights under article 8. The removal of serious offenders is made even more difficult because of the Human Rights Act. Our proposals will be coming in due course.

[Jo Stevens (Cardiff Central) (Lab)]

There are many convicted criminals in our prisons who, after committing crimes in the UK, fled the UK and were then returned here to face justice, thanks to the European arrest warrant. Will the Minister explain to the House how the interests of victims of crime can be protected if we leave the EU and, as a result, the scope of the EAW?

[Mr Raab]

I think the hon. Lady is slightly confused about the difference between extradition and deportation. As a result of European law, it has become harder and harder to deport foreign national offenders, while unfortunately the fast-track extradition of innocent British citizens has become easier and easier. That balance should be addressed, and in that I hope we can enlist her support.

[David Rutley (Macclesfield) (Con)]

2. What steps his Department is taking to improve mental health treatment for young people serving custodial sentences; and if he will make a statement.

--- Later in debate ---

[Tom Tugendhat (Tonbridge and Malling) (Con)]

21. What steps his Department is taking to increase public understanding of the law. [R]

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

The Ministry of Justice is working to increase public awareness of the law and of important initiatives in the criminal justice and civil law system. We do that by disseminating information to the media, by using our website and digital channels, and through bespoke campaigns of particular importance, such as on access to victim services.

[Tom Tugendhat]

I welcome the efforts made by the Minister and my right hon. Friend the Lord Chancellor. May I encourage my hon. Friend to do more to broaden public legal education? Having just set up a new all-party parliamentary group on the subject, I urge him to work with us to provide such education not just in schools and through adult services, but perhaps in prisons. Although it may not reduce the inmate population, it may reduce the future conviction rate.

[Mr Raab]

My hon. Friend is right. I commend him for his efforts and his initiative. One illustration of the things we are doing is the victims information service, which provides information on the criminal justice system, on what a victim can expect and on restorative justice. He is right—we need to strive to bring the law and its operation closer to the citizens it serves.

[Jeff Smith (Manchester, Withington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[Jeff Smith]

The director of Amnesty UK has said:

“The UK is setting a dangerous precedent to the world on human rights.

There’s no doubt that the downgrading of human rights by this government is a gift to dictators the world over and fatally undermines our ability to call on other countries to uphold rights and laws.”

In the light of that advice, is it not time to drop plans to scrap the Human Rights Act 1998?

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

Absolutely not. Frankly, it is irresponsible of any of our critics to weigh in with that kind of scaremongering before having seen the substantive proposals.

--- Later in debate ---

[Kevin Hollinrake (Thirsk and Malton) (Con)]

The Government have given strong support to the idea of creating a new legal form of guardian, to help with the property and affairs of the 3,000 people who go missing every year in the UK. Will the Minister confirm when that might be brought into effect?

[Mr Raab]

I know that my hon. Friend has a family in his constituency who have been through the ordeal he mentions. We are absolutely committed to helping families of missing people to deal with the administrative problems they face over and above the heartache that is involved. We are working on creating the new legal status of guardian of the property and affairs of a missing person, and we will introduce measures to the House as soon as parliamentary time permits.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

T6. On International Women’s Day, it is truly shocking that one in four women will experience gender-based violence. On 4 February, the Under-Secretary of State for the Home Department, the hon. Member for Staffordshire Moorlands (Karen Bradley), stated that primary legislation was required to ratify the Istanbul convention to try to tackle that disgrace. When will that legislation be brought forward?

[Mr Raab]

The hon. Lady is absolutely right. The last Government signed the convention in 2012. We have already implemented almost all its provisions, so the purpose would be to promote it abroad. There is a specific issue, as she may know, about extraterritorial jurisdiction under article 44. We are looking carefully at how that might be addressed.

[Suella Fernandes (Fareham) (Con)]

I apologise for my absence earlier, Mr Speaker. In the recent case of Kiarie and Byndloss, the Court of Appeal roundly upheld the deport first, appeal later policy, which prevents foreign national offenders from extending their leave to remain in the UK while their immigration appeals are pending—the two men in the case were convicted of serious drug offences and had leave to remain here. What assessment has my hon. Friend made of the judgment of Lord Justice Richards, which highlights the need for more clarity in the guidance given to caseworkers so that the policy can be better applied?

[Mr Raab]

My hon. Friend brings considerable experience from her time as a barrister. We welcome this decision. This is an important area of policy. It is also a Home Office lead, but I can reassure her that the relevant guidance for caseworkers was updated following the decision back in October.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

T7. Today is International Women’s Day, as other Members have noted. A recent survey by Women’s Aid of women survivors of domestic abuse who have attended the family courts regarding child contact found that a quarter reported being directly cross-examined by their abuser. Does the Minister agree that that is completely unacceptable? What action is being taken to address it?

--- Later in debate ---

[Peter Aldous (Waveney) (Con)]

In 2013, my constituent Adele Bellis was the victim of an acid attack. There has been a significant increase in such attacks in the past three to four years. I would be grateful if the Secretary of State could confirm that the Government will bring forward a strategy to address this, particularly the need for tougher sentences. Adele has shown great courage, but she has to live with that attack for the rest of her life.

[Mr Raab]

I thank my hon. Friend for his comments. That is an absolutely appalling case, and all cases of that kind are absolutely abhorrent. I would certainly be willing to hear from him about the specifics of the case, and we will of course look to see whether there is a case for additional sentencing powers over and above those that we already have.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Before the legal aid restrictions were introduced, 78,000 disabled people a year were able to challenge social security decisions, 80% successfully. How can withdrawal of legal aid to disabled people, who are twice as likely to live in poverty, be fair or just?

[Maggie Throup (Erewash) (Con)]

In 2009, Walter Scott and Ross, a solicitors firm in my constituency, was closed down by the Solicitors Regulation Authority due to financial irregularities. Since then, the SRA has systematically failed in its duty of care to former clients of the firm, leading to at least one bankruptcy. Will the Minister agree to investigate that case as a matter of urgency so that we can at last secure some closure for my constituents?

[Mr Raab]

My hon. Friend will know that the regulation of the legal profession is independent of Government. It would be wrong and improper for a Minister to try to intervene in any individual case, but there is an ombudsman service that allows for review of complaints against the SRA, and I encourage her to consider that possibility.