Foreign National Offenders: Prison Transfers

Edward Argar Excerpts

Tuesday 19th February 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Mr Austin. I thank my hon. Friend the Member for Kettering (Mr Hollobone) for securing the debate. He has raised the issue tenaciously on previous occasions, most recently at Justice questions earlier this month. He and his constituents attach great importance to it and, as always, he acts as a powerful and strong voice in Parliament for the people of Kettering.

As always, the debate raises a matter of huge importance and is an opportunity to update the House more fully than would be possible in a single parliamentary answer. Rightly, increasing the removal of foreign national offenders is one of the Government’s top priorities. All foreign national offenders sentenced to custody are referred by the Prison Service to immigration enforcement as quickly as possible to be considered for deportation action.

As all hon. Members present are aware, the Government are absolutely committed to increasing the number of foreign national offenders removed from our prisons. Any foreign national who comes to our country and abuses its hospitality by breaking our laws should be in no doubt about our determination to punish and remove them.

My hon. Friend raised several statistical questions. He rightly alluded to the fact that since 2010 we have removed more than 45,000 foreign offenders from prisons, immigration removal centres and the community. In 2017-18, as he stated, we removed almost 6,000 foreign national offenders, of whom 2,000 came directly from our prisons. That represents good progress, but the Government are determined to do more.

My hon. Friend asked some specific questions. The current overall prison population is 82,236, which is a little shy of what he thought but in the same ballpark. The latest statistics that I have are that foreign national offenders make up 9,090 of that—roughly 10% or 11%—and EU foreign national offenders make up 3,943 of those.

My hon. Friend touched on his top 10. His fabled statistical brilliance has slightly changed, because our order and numbers are different, but if it is helpful, I will briefly run through them. The latest list puts Poland in first place, with the highest number, then Albania, Romania, Ireland, Jamaica, Lithuania, Pakistan, Somalia, India and Portugal. In terms of the stats that sit behind each of those, if I do not manage to answer every question he has raised today, I am happy to write to him.

As he is aware, the primary responsibility for the removal of foreign national offenders rests with the Home Office immigration enforcement team, with my Department supporting its work by setting the policy for, and administering, early removal schemes from our prisons. Prisoner transfers are a matter for my Department and fall within the portfolio of the Minister of State, Ministry of Justice, my hon. Friend the Member for Penrith and The Border (Rory Stewart). I will certainly pass on to him the comments made by my hon. Friend the Member for Kettering about negotiating further such agreements and the form of those agreements.

Before I turn to the specific issue of prison transfer agreements, I want to highlight the substantial cross-Government work under way to increase foreign national offender removals. A lead Minister’s group that meets quarterly is in place. It focuses on the removal of foreign national offenders and brings together key Departments to ensure a co-ordinated approach. We continue to work hard to improve and speed up every part of the removals process, right from the point at which a foreign national offender first comes into contact with criminal justice agencies up to their removal back to their home country.

For example, as my hon. Friend will be aware, the Government introduced new requirements through the Policing and Crime Act 2017 so that anyone appearing in court now has to state their nationality. It is designed to speed up early identification of foreign national offenders and therefore assist with speedier removal. In other initiatives, my Department is working with the Home Office on ways to speed up the immigration appeal process for foreign offenders held in prison, and to ensure that appeals are determined as quickly and as efficiently as possible so that foreign offenders with no right to remain here may be removed quickly.

We are also working to concentrate foreign national offenders within fewer prisons in our estate. As has been mentioned, we have already created two foreign national offender-only prisons, one of the first countries in the world to have done so, with the benefit of concentrating foreign national offenders and allowing the Prison Service better to address the specific needs of that cohort of offenders. Importantly, it also allows the Home Office better to deploy its immigration enforcement teams, which need access to the prisoners to undertake the deportation process.

As my hon. Friend highlighted in his speech, there are different routes by which foreign national offenders can be removed from this country. The first that he touched on is the early removals scheme, which is our principal mechanism for removing foreign national offenders from prison. Under the scheme, offenders are returned to their home countries and are barred from returning to the UK, potentially for life. In 2017-18 we removed more than 2,000 prisoners through the scheme; that is about 95% of early removals from prison. I am keen that we should not lose sight of our success in removing such a large number of foreign offenders.

[Mr Hollobone]

I am listening closely to the Minister. Can he clarify whether the 2,000 a year who are returned under the early removals scheme are then at liberty in their country of origin, or are they behind bars?

[Edward Argar]

My hon. Friend is clearly clairvoyant, because my next note addresses exactly that point. Under the transfer agreements, the mechanism allows us to transfer a sentenced prisoner during their prison sentence so that they will continue to serve that sentence in a prison back in their home country. Importantly, the agreements are reciprocal and allow the return home of British nationals from overseas prisons. We have more than 100 transfer agreements—he mentioned 160, which is roughly in the right space overall—with countries and territories around the world. Depending on the type of agreement that is in place, prisoners can be transferred either on a voluntary basis, meaning the consent of the prisoner is required, or on a compulsory basis, meaning their consent is not required. To address a point that my hon. Friend specifically raised, under either type of agreement, including the compulsory one, the receiving country still has the right to accept or refuse the prisoner; the country receiving them still has to agree to accept them even if the prisoner does not have a say in that process.

To focus briefly on the EU prisoner transfer agreement, that is the most effective transfer agreement to which the UK is a signatory, largely because, going back to my previous point, there are limited grounds on which a receiving member state can refuse to accept a prisoner transfer request. Our departure from the EU will therefore have an impact. As the prisons Minister said earlier this month, if we leave the EU without a deal there is the risk of a decline in the number of transfers to and from the EU, because we might be forced to fall back on older transfer mechanisms that could prove less effective.

[Mr Hollobone]

The Minister says that under the EU prisoner transfer agreement there are limited grounds for a country to refuse to take their prisoner back. There are 950 Polish nationals in our jails, and Poland has taken back only 35. Is the Minister telling us that Poland regularly has 915 good reasons not to take prisoners back? It seems that this agreement is not as effective as the Minister makes out.

[Edward Argar]

I will make two points. The first is a statistical point because latest figures show that there are 787 Polish prisoners, although my hon. Friend’s point about the number and scale still stands. I was about to come to the other legal and procedural reasons for why transfers can take a long time in this country. In that context, I wish to touch on the suggestion made previously that the prisoner transfer agreements are in some sense not working, and that our prisons are full of prisoners who could be transferred. As my hon. Friend is aware, many of our transfer agreements are necessarily voluntary, not just for the country receiving them but for the prisoners themselves. That is due to the poor standard of prison conditions and the treatment of prisoners in some parts of the world, and our obligations under those agreements as well as our human rights obligations.

For our compulsory agreements, we target transfer at those offenders who are serving lengthy prison sentences. Transfer can take place only if all appeal routes have been exhausted, a deportation order is in place, and there are no legal concerns about the prison system to which the prisoner will be moved. Consequently, when all those factors and process points have been taken into consideration, the number of prisoners who are eligible for a swift transfer might not be as high as my hon. Friend might wish, and in some cases the process could take longer than the prison sentence being served.

We are, however, working to increase the number of transfers wherever possible, and our current agreement with the EU has enabled the transfer of 357 prisoners to EU prisons, with each transfer freeing up several years of cell space. Transfer numbers continue steadily to rise now that most member states have implemented that agreement and operational processes are bedding in. Such transfers therefore play a role in managing our prison population and ensuring that capacity is available for offenders who have been sentenced to custody.

I will also highlight a number of successes for our transfer agreements with countries outside the EU. In late December we signed an agreement with the Government of Pakistan to restart the voluntary prisoner transfer process between our countries. Given that Pakistani prisoners are one of the top 10 nationalities held in our prisons, that progress is welcome and I thank all Departments who worked on that issue for their support. We also have a prisoner transfer agreement with Albania, which is another of the 10 most common nationalities in our prisons. A transfer agreement has seen 24 Albanian prisoners transferred, and there is ongoing engagement with Albanian authorities to improve that mechanism and speed up and increase transfer rates. The prisons Minister met the Albanian Justice Minister earlier this month to discuss co-operation on that issue, and an agreement was reached to continue with close co-operation.

I am conscious that only a short amount of time is left, so I shall conclude by saying that whether removal is through the early removal scheme, prisoner transfer, or deportation after an offender has completed their sentence, the key point is that we continue to work to remove those who have broken our laws and have no right to be here. I suspect my hon. Friend will continue to champion and push hard on this issue—indeed, I suspect we may well debate it again in the coming weeks and months—but he should be in no doubt that that the Government are committed to that agenda, and to increasing the number of foreign national offenders who are removed from this country.

Question put and agreed to.