Safety of Rwanda (Asylum and Immigration) Bill

Debate between Edward Leigh and Michael Tomlinson

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

[Michael Tomlinson]

I am very grateful indeed to the hon. Gentleman. As always, he engages with the substance of the matter. He and the right hon. Member for East Antrim (Sammy Wilson) have raised this point. I will turn to that specific amendment, and I hope to persuade him, through my words, that steps have been taken and reassurances have been made. I hope to reassure him personally that he will be able to support the Government in the Aye Lobby later today.

I turn to the Lords amendment tabled by the noble Lord Hope of Craighead. I want to reiterate some salient points. First, as the House knows, we will only ratify the treaty once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under the treaty. Secondly, the implementation of these provisions will be kept under review by the independent monitoring committee. Thirdly, clause 9 makes it clear that the Bill’s provisions come into force when the treaty enters into force.

[Sir Edward Leigh (Gainsborough) (Con)]

I know that there is a problem in detaining illegal migrants at the moment under habeas corpus, but when the Bill comes into force, will it be the legal position that we can then detain people before offshoring them, because that is the only real deterrent?

[Michael Tomlinson]

My right hon. Friend might have heard a few words from the Prime Minister in that regard this morning, and that is exactly right. Specifically in relation to the amendment, however, I respectfully disagree with the noble Lord Hope. There is no obligation, whether in legislation or in the treaty, to send anyone to Rwanda, as my noble Friend Lord Sharpe has said. Article 4 of the treaty sets out clearly that it is for the United Kingdom to

“determine the timing of a request for relocation of individuals under this Agreement and the number of requests for relocation to be made”.

Oral Answers to Questions

Debate between Edward Leigh and Michael Tomlinson

Thursday 20th October 2022 Commons Chamber

[The Solicitor General]

I am grateful to my hon. Friend for raising that important issue. She is right that the workload on our police and the CPS is high. Close working between the police and the CPS is vital. Hot off the press is the refreshed joint national action plan, which was published today and shows that the CPS has seen a 58% increase in charges. I know that she takes the issue incredibly seriously. I would be delighted to meet her, whether here or in her beautiful constituency of North Devon.

[Sir Edward Leigh (Gainsborough) (Con)]

4. What assessment he has made of the effectiveness of the Crown Prosecution Service in prosecuting protesters who block public rights of way.

Foreign National Offenders (Exclusion from the UK) Bill

Debate between Edward Leigh and Michael Tomlinson

Friday 11th March 2016 Commons Chamber

[Sir Edward Leigh]

That is what we are talking about—10%—so this is a matter of enormous importance.

As I have said, it is vital to avoid lengthy delays in custody, which is what the Bill would do, as I understand it. Deportation proceedings should commence on the very first day of the sentence. That is the key point.

[Michael Tomlinson]

Does my hon. Friend or Migration Watch have a practical solution on where to send the 400-odd prisoners my hon. Friend the Member for Kettering (Mr Hollobone) mentioned, who have not declared where they come from?

[Sir Edward Leigh]

That is an interesting question, and I confess that I do not have an instant response. My hon. Friend the Minister has heard that intervention, and I am sure she can deal with it. That just shows, does it not, how people are deliberately laughing at our system and abusing it? People should be aware of that.

[Sir Edward Leigh]

If, having been convicted, they are not prepared to tell the authorities where they are from, there should be a presumption that they will remain in prison until they do so. That might actually concentrate a few minds. Again, that is something for the Minister deal with.

As long as the United Kingdom remains a signatory of the 1951 refugee convention, criminals cannot be denied the option of claiming asylum, even after conviction. I believe that any such applicants should remain in detention and be put through the fast-track procedure I am talking about.

A serious weakness of the present system is that there is nothing to prevent criminals from returning to Britain under a false identity. Given that they are criminals, they would presumably have no compunction about changing their identity. To help tackle that weakness in the system, all those convicted should have their biometric information recorded and held centrally. As biometric visas are introduced overseas, visa applicants should be checked against the database. The records would detect those reoffending under a different identity. Perhaps the Minister will deal with the serious point raised today about the return to this country of criminals who change their identity. At the moment, we can apparently do nothing about it. We should keep biometric information so that we can identify them and stop them coming back.

Central records should, at the very least, include the immigration status of all those convicted, the number of recommendations for deportation and the number of deportations carried out. The courts should be informed of the outcome of the recommendations—I understand that at present they are not. I may be wrong about that, but the Minister can correct me if she wishes. There should also be a presumption that deportation is recommended for certain classes of offences, including drug offences, such as importation and supply but not necessarily possession; manufacture of class A drugs; people-smuggling offences; forgery of travel documents; serious violent and sexual offences; firearms offences; fraud; all offences involving the handling of the international proceeds of crime; and all defined immigration offences.

On day one, when someone is convicted under the proposals set out in the Bill, and under my suggestions to toughen it up if necessary, deportation proceedings should start immediately. They would be triggered by a certain length of sentence or a sentence for particularly serious types of crime. That is clear and simple, and it should be done. There should also be an automatic recommendation of deportation for offenders who are illegal immigrants and a presumption of deportation for offenders who are in Britain on a temporary basis, for example for work or study, which was dealt with in the Bill that we discussed last week.

As we know, the whole question of article 8 is a mess. We know why it was originally created, and I talked about how lawyers devised the arrangements in the early 1950s, but they are in urgent need of reform. Actually, article 8 specifically states exceptions to the right to family life. So far as those exceptions are in accordance with the law, they include public safety, the economic wellbeing of the country, the prevention of disorder or crime, and the protection of the rights and freedoms of others, for instance of law-abiding citizens.

It is difficult to know how many deportations from the United Kingdom are stopped on appeal due to article 8 arguments, as official figures vary depending on who we ask. Again, I hope the Minister deals with this point. The Courts Service says that in 2010—I am sure there are more up-to-date figures, but maybe these give a good example; I have just got them from the Library—223 people won their appeal against deportation. Of those, 102 were successful on the grounds of article 8. The independent chief inspector of the UK Border Agency said that in the same year 425 foreign national prisoners won their appeal against deportation, primarily on the grounds of article 8. If this debate achieves nothing else, perhaps we can get more up-to-date information on the exact effect of article 8.

[Michael Tomlinson]

Does my hon. Friend consider that the Bill, as drafted, would be strong enough to stop lawyers engaging in article 8-type arguments?

[Sir Edward Leigh]

We need to consider in Committee whether the Bill is strong enough to override article 8, if we are lucky enough to get the Bill to that stage.

[Sir Edward Leigh]

Exactly. This is an absolute minefield, and because of that it is prone to manipulation by clever lawyers—I can put it no other way. Frankly, the law needs to be cleared up. I suspect we cannot clear it up unless we repeal the Human Rights Act 1998 and repatriate this whole part of our law into a British Bill of Rights. Lawyers would still argue about the provisions of a British Bill of Rights, but at least we would have created the law in this House and tried to bring some clarity to these matters. Above all, we could try to recreate public confidence. We can become enmeshed in the details, and I am sorry if I have had to go into some of them, but let us focus, laser-like, on what the public are talking about. The public cannot understand that there are 10,000 people convicted of offences sitting in our jails who we are not sending home. Worse, many of them are coming out of our jails and staying in this country. That is what the public want the Government to deal with.

[Michael Tomlinson]

I mentioned lawyers a few moments ago. I declare an interest as a lawyer. Lawyers can find arguments, but the law needs to be clear. The clearer the law is, the less room there is for argument in courts by lawyers and the less reason for judges to make mistakes.

[Sir Edward Leigh]

Like my hon. Friend, I, too, am a lawyer. We are only doing our jobs. Give us unclear law and a client to represent, and we will put forward our best case. It is up to the Government to give us clear law. Judges have been known to reconsider deportation on appeal if they feel that it is a punishment disproportionate to the crime committed. That even happened in the case of a crime that resulted in death, in Gurung v. the Secretary of State for the Home Department. If the law is unclear, we open up all sorts of possibilities for lawyers to drive a coach and horses through what we are trying to achieve.