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Gerald Howarth Excerpts

Thursday 9th May 2013 Commons Chamber

[Mrs May]

Thank you, Mr Speaker.

The Bill will also introduce a duty on private landlords to carry out immigration checks when letting property. It will penalise landlords who rent property to migrants who are not entitled to stay in Britain.

We shall also introduce an amendment to the immigration regulations covering EU nationals who come to the UK in search of work. They will cease to have a right to reside here and will have no access to benefits if, after six months, they do not have a job and do not have a realistic chance of getting one. There is a glaring unfairness in the way that immigrants’ claims to have the right to settle here are assessed. The system has become so complex that, as one senior judge said recently,

“immigration law has now become an impenetrable jungle of intertwined statutory provision and judicial decisions...There is an acute need for simplification”.

The immigration Bill will provide that simplification. It will also set out how the courts should interpret article 8 of the European convention on human rights, which sets out the right to respect for private and family life. Last July, we set out clearly before the House what the right to family life should mean. That interpretation was adopted by the House without a Division, because it was unopposed. Unfortunately, some judges have chosen to ignore that interpretation. The immigration Bill will provide them with rules on how article 8 should be interpreted that will have statutory force. It will place strict limits on the circumstances in which the right to family life can be invoked to block deportation. In particular, it will put an end to the unjust situation in which immigrants convicted of serious offences can escape deportation merely by claiming that it would interfere with their right to family life.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend is making a very important point. The House has made it abundantly clear that the will of the British people is that we should be able to deport people whom it is considered undesirable to have in this country. What assurance can she give the House that judges are going to listen to what the House is saying this time, given that they have not done so in the past?

[Mrs May]

My hon. Friend makes a good point: many people are incredibly frustrated by cases in which judges decide that the right to family life means that someone should not be deported, despite evidence of a significant level of criminality. Last July, when we made changes to the immigration rules, I hoped and expected that judges would respond to those changes, given that there was cross-party support for them. As I said, there was no opposition to them in the House. The fundamental difference this time around is that the changes will be made through primary legislation rather than through the immigration rules.

I now move on to the Anti-social Behaviour, Crime and Policing Bill. The Bill aims to diminish the extent to which honest and hard-working people are preyed on by criminals and by bullies who show no regard for the basic rules of civilised living. It will do so in three ways. First, it will make it easier for citizens to get the police or local authorities to take action against people whose antisocial behaviour disrupts their lives. Secondly, it includes measures to ensure that we can tackle organised crime more effectively. In particular, we are substantially increasing the maximum penalty for the illegal importation of guns, and creating a new offence of

“possession for sale or transfer”

of illegal firearms. Thirdly, it continues the process of reform of the police, so that police officers have clear professional standards and are able to spend more of their time fighting crime than filling in forms.

The Bill also contains a provision to make forcing a person to marry a criminal offence. Forced marriage is a serious problem in some communities in Britain today. It is an abomination: it is totally incompatible with the values of a free society that anyone should be forced into a marriage. Astonishingly, however, forcing a person into marriage is not a crime under our law. This Bill will remedy that situation, and in doing so, it will signal very clearly that this country does not tolerate the forcing of one person by another into marriage. The Bill will also make easier the prosecution of people who attempt it. Prosecutors will no longer have to identify other offences such as assault or kidnapping before they can start proceedings against someone for forcing another into marriage.

Antisocial behaviour is destructive, demoralising and damaging. When it is repeated over and over again on the same victims, its results can be tragic, as numerous cases involving some of the most vulnerable and easily hurt people in our society have shown. The existing means for dealing with antisocial behaviour are neither quick nor effective. The Bill will give new powers to the police, councils and landlords that will ensure that quick and effective remedies are available. It will also give people the power to require agencies to deal with antisocial behaviour. It will no longer be possible for a police force or a council to ignore repeated complaints, as it is now.