Justice and Home Affairs Opt-out

Gerald Howarth Excerpts

Monday 7th April 2014 Commons Chamber

[Mrs May]

My hon. Friend’s constituent has particular experience of the operation of the European arrest warrant, and my hon. Friend has been assiduous in drawing attention to that case and to the case for change. However, it will be possible for the process that determines whether a case is trial-ready to take place in the courts here in the United Kingdom, and for decisions to be made there. I am confident that proper consideration will be given to evidence given by the authorities in Greece or other member states concerning the preparedness of the case.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend has set out the safeguards that will apply to the European arrest warrant, which, as she knows, is of huge concern to many people in this country. One of the fears that we all have is that all the measures into which she wishes to opt will be subject to the European Court of Justice. How certain can she be that those safeguards will be upheld by the Court?

[Mrs May]

It is true that the measures that we opt back into will be subject to the European Court of Justice, but I take some confidence from the fact that other member states have already introduced measures that are similar to a number of the measures that we are introducing in our own legislation. It is noticeable, for instance, that some member states are more able to deal with the proportionality issue than we have been so far. I think it a pity that the last Government did not introduce such measures, but we recognised the extent of the concern that was being expressed and the fact that it was possible for us to act, which we have done. We made changes to the way in which extradition works—in the face of some resistance—in order to protect British citizens in respect of extradition to the United States, and we have now legislated to change the operation of the European arrest warrant in the UK and enhance the protections that British citizens enjoy. The Labour Government dithered, but we have acted to protect British citizens from injustice at home and abroad.

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[Mrs May]

Today’s debate has probably generated a first in parliamentary history: my hon. Friend the Member for Cambridge (Dr Huppert) praising the Daily Mail in a debate in the House of Commons.

I want to turn now to some of the other important measures that the Government are proposing that we should rejoin. We are seeking to rejoin the European supervision order, which allows British subjects to be bailed back to the UK rather than spending many months abroad awaiting trial. My hon. Friend the Member for Enfield North (Nick de Bois) will be particularly aware of the benefits that this could have brought in the case of Andrew Symeou, to which he alluded earlier. I am sure that the whole House also wants to see foreign national offenders sent back to their own country. The prisoner transfer framework decision provides for non-consent-based transfers throughout the European Union, and the Government want to opt back into that measure and send criminals back home.

We also want our law enforcement agencies to be able to establish joint investigation teams with colleagues in other European countries. Hon. Members might ask why we want this to happen. I cite Operation Rico, the biggest-ever operation against so-called boiler-room fraud, which is precisely the kind of practical co-operation we want to encourage. Thanks to the excellent work of our National Crime Agency and its Spanish colleagues, there have been 83 arrests in Spain alone, and 18 in the UK. It is also quite clear that many other EU member states and their law enforcement agencies rely on measures of this sort to provide the necessary framework for practical co-operation in the fight against crime. In most instances, bilateral agreements would simply not work as effectively and our co-operation would suffer.

We therefore owe it to the victims of crime, both here and abroad, to ensure that such co-operation can continue unhindered. We owe it to the elderly who have been scammed out of their life savings, and to the hard-working people who have been conned into dodgy investments by fraudsters and had their hard-earned money shamefully spent on flashy watches, sharp suits and fast cars. I want to protect victims of crime, and I am determined to give our law enforcement the tools they need to do that.

The Government’s policy is clear. We have exercised the United Kingdom’s opt-out and are negotiating to rejoin a limited number of measures where we believe that it is in the national interest to do so.

[Sir Gerald Howarth]

I wonder whether the Home Secretary is going to mention any of the other 35 opt-in measures, including the European police college. Will she explain why it is necessary to have such a college when we have separate police forces in each of our sovereign states? What is the purpose behind it?

[Mrs May]

My hon. Friend is referring to CEPOL, which has been based at Bramshill in the United Kingdom in recent years. CEPOL is an organisation that encourages and facilitates cross-border co-operation between police forces. The European Commission recently proposed a measure to enhance and increase the ability of CEPOL to operate in relation to the training of individual police forces. The United Kingdom resisted that measure, as did other member states, and it is no longer going ahead.

As I was saying, this Government are very clear about the measures that we wish to rejoin, just as we have been clear about the opt-outs that we have exercised. Sadly, however, we are no clearer about the position of the Labour party. Some have called the Opposition’s policy inconsistent and incoherent, but I think it could be more carefully described as involving confusion and chaos. Labour signed up to the Lisbon treaty without giving the people of Britain a vote and without giving this House a say, and we must recall that the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), flew in alone and under the cover of darkness to sign it. That tells us a great deal about his belief in it. That treaty contained an opt-out, but Labour never explained whether it would use it.

All the evidence suggests that Labour does not share the determination of this Government to reduce the control Brussels has on our criminal justice system. Because even after negotiating their opt-out, the last Labour Government signed us up, by way of unanimity, to another 30 or so measures. In fact, virtually all the measures covered by the Lisbon treaty and this opt-out decision were agreed by unanimity by Labour during its time in office. So are we to assume that it would rather we had remained bound by all 130 of them than exercise our opt-out and seek to rejoin the limited number we have identified? If not, why did it agree to the measures in the first place? But if so, why did it negotiate an opt-out? As I say, it is confusion and chaos.

Sadly, the Opposition day debate Labour called in June last year did nothing to clear up the mystery of Labour’s position, because the motion highlighted only seven measures the UK should “remain” part of. It was not clear whether that meant Labour would have exercised the opt-out and left all the measures other than those seven, such as Eurojust, a measure that the police and prosecutors deem vital to continuing our co-operation with our EU partners. Another such measure is the prisoner transfer framework decision, to which I have referred and which allows us to pack foreign national offenders back off home. I suspect that the Labour party would rather we did not know, unless of course the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) is going to reveal all in her response to this afternoon’s debate. Having negotiated an opt-out from all the measures the Labour Government signed our country up to in the first place, when this Government chose to exercise that opt-out, the right hon. Lady and her party voted against it—again, I say confusion and chaos.

I repeat that the position of this Government is clear: we have exercised the opt-out, we support the return of powers from Brussels to the UK and we support acting in the national interest by rejoining a limited number of measures that protect British citizens and the victims of crime. That is consistent with our approach to the European Union as a whole. The EU needs fundamental change, and under the Conservatives Britain is leading the way in delivering that change. At home, we have made the difficult decisions in the national interest to secure Britain’s economic future—now it is time to protect Britain’s interests in Europe. The Prime Minister has already taken tough action to stand up for Britain in Europe by cutting the EU budget, saving British taxpayers over £8 billion; vetoing a new EU fiscal treaty which did not guarantee a level playing field for British businesses; and refusing to spend British taxes on bailing out the euro.

Only the Conservatives have a credible plan to reshape Britain’s relationship with the European Union and to put this to the British people in an in-out referendum by the end of 2017. [Interruption.] The right hon. Lady may laugh, but the Labour party opposes this plan and will not give the British people their say. Labour has no policies and no ideas, and that is not the sort of leadership the United Kingdom needs in Europe. The leadership it needs in Europe is the leadership we are giving it, with the clarity we are giving to return powers from Brussels to the United Kingdom, but to take other decisions to opt back into measures that are firmly and clearly in our national interest.

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[Mr Cash]

I am rather attracted to the idea of an amendable motion. Indeed, in effect, I have just said so myself. If we have a vote beforehand, the coalition Government will know what Parliament thinks.

The Home Secretary clearly indicated that the Government must have a free hand in entering into these negotiations. In an intervention, I mentioned the complications involved in this and its rejection, or apparent rejection, by several countries. I referred to Spain, Germany, France and Holland, and there are others that say that the matter should be put to a referendum. The situation is so complex, and running so far into the sand, that it would be a good idea, in these very special circumstances, to discuss the question of a block opt-out. It is very important that Parliament should be given the opportunity to vote on an amendable motion before the negotiations are concluded. It is particularly important as we get down to discussing the finer detail of precisely what should be done in the interests of fairness, liberty and justice for individual citizens, who will be bound by these Court decisions against which there will be no appeal. Unless this is subject to an amendment of the 1972 Act, there will be no way of retrieving the situation to protect those citizens.

[Sir Gerald Howarth]

I am very exercised about the application of the role of the European Court of Justice. As my hon. Friend will know, I asked the Home Secretary to what extent the safeguards she has secured with regard to the European arrest warrant will be respected by the ECJ. Does he have a view on that?

[Mr Cash]

Yes, I am deeply concerned about the matters that my hon. Friend raises. Indeed, the whole question of the role of the European Court of Justice is a matter of great concern, not only in this country but in many other countries of the European Union. I will not go all the way down the route of discussing the role of the Court. However, there are issues about who is qualified to be members of the Court and whether members of our own Supreme Court are entirely satisfied with the nature of the decisions that come out of it, just as they are concerned about questions regarding the European Court of Human Rights.

The reports of all three Committees are tagged to today’s debate, as is a joint report castigating the Government for their refusal to allow Parliament a debate and vote on the measures the United Kingdom should seek to rejoin before negotiations begin with the European Union institutions.

Syrian Refugees

Gerald Howarth Excerpts

Wednesday 29th January 2014 Commons Chamber

[Mrs May]

I cannot give the hon. Lady a date for when the first people will arrive. We obviously have to ensure that we can provide individuals with appropriate accommodation and support. That process can be done generically at the start, but individuals will then have to be considered case by case.

[Sir Gerald Howarth (Aldershot) (Con)]

I appreciate the Home Secretary’s measured response to this dreadful tragedy, for which the United Kingdom has absolutely no responsibility whatsoever, but may I invite her to consider seeing it in the context of the overall impact of migration to this country in recent years? While Germany and France have population densities of 235 and 119 people per square kilometre, England and Wales have 374 people per square kilometre. I therefore suggest two things: first, that we should limit the scheme to hundreds and not thousands; and, secondly, that as a Christian country, we should prioritise Christians who are being persecuted in Syria. Does she agree?

[Mrs May]

I say to my hon. Friend that I am often very happy to debate and discuss immigration matters with him, but today our focus must be on the help that we are providing to the most vulnerable Syrian refugees. I have indicated the categories of vulnerability that we will prioritise, but I repeat that they are survivors of torture and violence, women and children at risk and those in need of medical care.

Immigration

Gerald Howarth Excerpts

Wednesday 11th December 2013 Westminster Hall

[Sir Gerald Howarth (Aldershot) (Con)]

Will my hon. Friend give way?

[Mr Newmark]

No.

[Sir Gerald Howarth]

Thank you.

[Mr Newmark]

—to Indians and Pakistanis in the 1900s, to north Africans and others in the past decade. Indeed, the star of the London Olympics was Mo Farah, a Somali immigrant.

This House has many sons and daughters of immigrants, including the hon. Members for Hackney North and Stoke Newington (Ms Abbott), for Birmingham, Ladywood (Shabana Mahmood) and for Walsall South (Valerie Vaz); my hon. Friends the Members for Windsor (Adam Afriyie), for Maidstone and The Weald (Mrs Grant), for East Surrey (Mr Gyimah), for Spelthorne (Kwasi Kwarteng), for Stratford-on-Avon (Nadhim Zahawi) and for Witham (Priti Patel); and Mr Speaker himself. We must not forget my hon. Friend the Member for Wolverhampton South West (Paul Uppal), who now holds the seat of the late, great Enoch Powell.

Immigrants come here because they want to contribute to our society. They tend to fill a skills gap rather than simply replacing British workers. The City, the arts and sports are full of immigrants who contribute to our society, as is education and the health service. Our national dish today is as much curry as roast beef and Yorkshire pudding or fish and chips. So what went wrong?

Unfortunately, at some stage during the previous Government’s tenure, we lost control of our borders. That resulted in the largest migration in our history and the system broke. There was huge pressure on housing, health care and even education. Something had to be done, and the present Government have grasped the nettle and cut immigration by one third. The Prime Minister announced recently that EU migrants will have to wait before claiming benefits and there will be tests for those who want to do so. Newly arrived jobseekers will not be able to claim housing benefit without a minimum period of residency.

We are tightening up on immigration not because we are little Britain, but because, in the words of the Minister:

“Hard-working people expect and deserve an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system and flout the law…We will continue to welcome the brightest and best migrants who…contribute to our economy and society and play by the rules.”

I say, “Hear, hear” to that.

I am an immigrant. I moved here with my family when I was nine years old. I have always contributed more to society than I have taken. I have built up a successful business, paid my taxes, raised my family and now have the privilege of representing my country and my community in Parliament. The vast majority of individuals who come to the United Kingdom do so, like me, because they want a better life for themselves and their families. They want to make a contribution to society. Let us therefore continue to welcome those who wish to contribute to our society, but let us also toughen up on those who seek only to take advantage of our generous benefits system without giving anything back. This Government are seeking to get the balance right, and I welcome their initiatives on immigration.

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[Sir Gerald Howarth (Aldershot) (Con)]

As your namesake, Mr Howarth, it is a pleasure to serve under your chairmanship. I am grateful to my hon. Friends for curtailing their speeches to enable me to make a contribution.

I start by paying tribute to my hon. Friend the Member for Isle of Wight (Mr Turner), not only for securing this important debate, but for the significant points that he made. As he said, this is the most important issue facing our constituents. My constituents in Aldershot are constantly raising the issue of immigration with me. They feel that nobody is speaking up for them and that they are on their own. Indeed, they preface all their remarks by saying, “I am not a racist, but—”. They then go on to express opinions that are denounced by our opponents as racist, so they have felt intimidated from expressing their perfectly legitimate and perfectly honourable concerns about how they see their country has been transformed.

Yes, my hon. Friend the Member for Braintree (Mr Newmark) rejoices in being an immigrant; I rejoice in tracing my roots to nowhere else but into the soil of this kingdom. What my hon. Friend needs to understand about the wave of migration, which has so upset the people of this country, is that between 1066 and 1950, we had about a quarter of a million migrants to this country. We have now seen a massive change, with something like 8 million people coming into this country. The numbers are what is upsetting people. It is not necessarily the colour of people’s skin, although, of course, that brings different cultural challenges. It is the numbers—that is what Enoch Powell was trying to draw attention to in 1968, for which, of course, he got roundly traduced.

Of course, it is now okay to talk about immigration. It is extraordinary—apparently, the Leader of the Opposition has declared that it is all right to talk about immigration. As my hon. Friend the Member for Isle of Wight said, we have had successive former Labour Ministers, including the right hon. Members for Blackburn (Mr Straw) and for Sheffield, Brightside and Hillsborough (Mr Blunkett), apologising for the mistakes that were made. Of course, it was Andrew Neather, a speechwriter for the Labour party, who let the cat out of the bag when he said that it had been a deliberate act of policy to encourage mass migration—the 2.2 million that my hon. Friend the Member for Isle of Wight mentioned. It was a positive decision, as Andrew Neather said, in order to

“rub the Right’s nose in diversity”.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Does the hon. Gentleman agree that what adds to the frustration of the people of the United Kingdom is the unwillingness and inability of the Parliament and Government that they elect to deal fundamentally with opinion and the decisions that they should make about who comes to this country and who does not?

[Sir Gerald Howarth]

The hon. Gentleman is absolutely right; that point has been made by my hon. Friends the Members for Cleethorpes (Martin Vickers) and for Kettering (Mr Hollobone), so I think there is unanimity here about that.

There is a feeling in this country that we are full up. We accept that many people wish to come to this country; it is a most fantastic country—the most fantastic country in the world. I do not blame people for wanting to come here, of course not. I can perfectly see why they want to, but it is adding enormous pressure to our way of life, and there are other changes to which I wish to refer in a moment.

However, I am not suggesting that all immigration is bad for this country—quite clearly, it is not. My hon. Friend the Member for Braintree is clearly one of the most outstanding examples of why we should accept migration into the country—[Hon. Members: “Hear, hear!”] I hear my hon. Friend the Member for Braintree say “Hear, hear!” He is never short of confidence in his own opinions, which is encouraging to see in a politician.

I say to the hon. Member for Sheffield Central (Paul Blomfield) that he is absolutely right about overseas students. I could not agree with him more. I was the Minister for international security strategy, with responsibility for defence exports. The most fascinating thing about going around the world was finding people who had been trained in the United Kingdom.

Take, for example, Prime Minister Najib, the Prime Minister of Malaysia, who went to the university of Nottingham. I do not think there is a more enthusiastic supporter of the university of Nottingham than the Prime Minister of Malaysia. That has been of huge benefit to the United Kingdom, and that is repeated all round the world. I can see the merit in that, but the fact is that our people are concerned about the practical and cultural effect.

Let me touch briefly on the practical effect. As MigrationWatch has pointed out, there is massive pressure on housing and services. We are constantly reading in newspapers that house prices are going up. Of course they are—there is a shortage of supply and an increase in demand. Where are all these 100,000 Somalis going to be accommodated? Where will all the incoming people from Romania and Bulgaria be accommodated?

We are not building houses, and why not? In part, because our constituents feel that we are already full up in our communities, so there is a massive challenge there. As MigrationWatch has said, we will need to build the equivalent of eight of the largest cities outside the capital in 15 years. For the next 20 years, we will need to build a new home every seven minutes, night and day, just for the new migrants and their families, because it calculated that the UK population will reach 70 million in the next 15 years. Parliament cannot allow itself to ignore those massive pressures on our country.

My second point is about the cultural considerations. I do not know when I was ever given the opportunity to vote on diversity. Everybody said, “What a wonderful thing diversity is.” Personally, I happen not to like curry, but I understand that many people do. Indeed, I represent the garrison town of Aldershot—I am proud so to do—and the Army seems to eat nothing but curry. That makes my visits to the Army slightly tricky, but there we go.

Diversity has been a mask to distract attention from people’s concerns that their own way of life has been changed. One of the interesting things about the latest wave of migration is how those new migrants to our country are not content simply to accept our way of life, our customs or even our laws. That is wholly contrary to the practice adopted by previous waves of migration to this country—most of which, of course, one has to say, have been from other European countries.

We now have the problem—it is a problem—of Islamic fundamentalism in this country. These are people who are demanding that we change our laws—that we have sharia law. I read in the newspapers that in parts of east London, people are challenged not to adopt certain practices—not to drink and not to show affection in public—because “This is an Islamic area.” In the House of Commons, we need to wake up to what is going on in our country. I freely accept that it is not happening in Aldershot, but it is happening, it would appear, in other parts of the country.

We also have the graphic account being given in court at the moment of the complete savagery—there is no other way of describing it—of the murder of Drummer Lee Rigby. Listening to the proceedings in court at the moment, I hope that the whole nation is completely shocked by the savagery—the brutality—that is happening in our capital city. We cannot in Parliament ignore these issues.

The assistant commissioner of the Metropolitan police said last week that in the last two years there have been 400 arrests for terrorist offences, with 80 people charged. He was very fearful for the future of this country, and I do make the connection that this is associated with migration into this country. We have a growing threat to our way of life. There is a man called Anjem Choudary whom I have denounced in this House for the last 15 years. He seems to be able to act with complete impunity, advocating hatred of our way of life.

My hon. Friend the Member for Kettering has done a marvellous job in proposing a Bill to ban the burqa. That is something that I find deeply offensive—that women are wandering around in our country and we cannot see their faces. It is contrary to our culture. I have asked my right hon. Friend the Home Secretary to ban it. She has said that she will not, but I think that there is a very strong case that the wearing of the burqa should be banned in courts and where people are encountering officials. After all, if a young lad goes into a shop these days, he is told to take off his hoodie; that does not seem to me to be any different in principle.

I agree with my hon. Friend the Member for Braintree again—my hon. Friend the Minister is doing a sterling job in this field, and it is a massive challenge. The Home Secretary was in Brussels last Friday, arguing the case for the kind of changes in the migration rules within the EU that are necessary. I warmly welcome that, but I say to the Minister that I find two things in my constituency surgeries.

One involves the women who have been inveigled into marrying a foreigner, generally on holiday, principally in north Africa. They get back here. The guy is given leave to remain, and then he sugars off. Can we get them deported? No, because we get told that this is all about data protection and all the rest of it. I say to my hon. Friend that that has to stop.

The second category of people is those who come to my surgery with a litany of appeals that have been rejected. Why are they still here? Why are we not deporting these people? I am perfectly happy to name them and to help my hon. Friend to remove them from this country. The failure of the Government to remove these people is itself undermining the Government’s stand on immigration.

Mention has been made of the contribution that immigrants have made, and we have all seen that the Poles and other east Europeans work incredibly hard. Our country is suffering from a lack of aspiration among our young people. I am not the first to have said that. Our education system has to do a great deal more to teach our young people the five R’s—reading, writing, arithmetic, right and wrong—to prepare them for a world that is becoming, as my right hon. Friend the Prime Minister says, extremely competitive.

We need only go to countries such as India and Malaysia to see and feel the palpable sense of aspiration. When we talk to a publican who cannot get anybody even to turn up for an interview to come and work in his pub, our people have to start accepting that they have to do some of these jobs, that they have to have more aspiration in their lives, because otherwise, I am afraid, the prospects for the country are grim.

I will leave the House with this reminder. In 1960, the population of this country was 52 million, in 2010 it was 62 million, and in 15 years’ time it will be 70 million. There are practical and cultural considerations that the House must not and cannot ignore.

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[The Minister for Immigration (Mr Mark Harper)]

It is a great pleasure to serve under your chairmanship this morning, Mr Howarth, and it is a rare treat to have two Howarths in the Chamber at the same time. I suspect that you are at rather different ends of the political spectrum—although you, as Chair, are completely neutral.

I thank my hon. Friend the Member for Isle of Wight (Mr Turner) for securing the debate. As the right hon. Member for Delyn (Mr Hanson) said, it is always good to have one and a half hours of valuable parliamentary time to talk about issues that are of concern to all our constituents. Some are concerned, as my hon. Friend the Member for Cambridge (Dr Huppert) said, about attracting the best and the brightest. Others are worried about the numbers of people coming here and whether they are all making a contribution.

I am also pleased to see that the right hon. Member for Delyn has some friends today. Last time we debated immigration, he was completely by himself with no Labour Back Benchers to support him. Today, however, one Labour Member spoke in the debate and another is in the Chamber, so the right hon. Gentleman’s powers of oratory are clearly attracting a wider audience.

My hon. Friend the Member for Isle of Wight was right to highlight the failure of the previous Labour Government, and one can argue about whether that was the result of a conspiracy or a cock-up. The former Home Secretary, the right hon. Member for Blackburn (Mr Straw) leans towards the view that a “spectacular mistake”, in his words, was made. A significant number of people came into the country when the previous Labour Government were in power, which is partly why people have concerns. It was partly to do with the fact that at the time of the eastern European accession, we were the only major country to have no transitional controls, so most of those who left their own countries to work came to Britain.

It is worth remembering, however, that eastern Europe was not where the largest number of people came from. During the Labour party’s time in office, more than twice as many migrants came from outside the European Union. Although the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), was presented with that information in a clear graphical format during a recent edition of “Sunday Politics”, and she was sitting right in front of the screen, she denied that it is true. I am afraid it is, however. Although the Labour party may argue that it made some mistakes on eastern European migration, in an area in which it had complete control over who came to the United Kingdom, it failed. That is behind many people’s concerns, so we have tried to demonstrate that we are able to take tough decisions to reassure people.

My hon. Friend the Member for Cleethorpes (Martin Vickers) said that even in an area such as his constituency where immigration is low, people see significant numbers of migrants from eastern Europe in neighbouring towns, such as Boston in Lincolnshire. People are concerned about the numbers of people who have immigrated in a relatively short space of time and how successfully they have integrated. That is why we have to address those concerns.

We have made progress. Several Members have referred to the fact that net migration is down by nearly one third since its peak. We are building a system that works in the national interest. Immigration from outside the EU is now at its lowest level for 14 years, and almost back to the level it was when the previous Conservative Government left office.

The good news is that we are being more selective. According to the latest figures, there is a 7% increase in students coming to our excellent UK universities. The hon. Member for Sheffield Central (Paul Blomfield) has made that point before and I am sure he will make it again, as will my hon. Friend the Member for Cambridge. We welcome international students coming to our excellent universities, and both the hon. Gentleman and my hon. Friend have more than one excellent university in their areas. It is important that we welcome students who come to Britain to study. Most will leave, some will stay, some will start businesses and some will help create economic growth, and we very much welcome them. I think my hon. Friend the Member for Aldershot (Sir Gerald Howarth) was being slightly unfair earlier—the “hear, hears” when he congratulated my hon. Friend the Member for Braintree (Mr Newmark) were coming not from him but from the rest of us. He made an excellent speech focusing on those who are going to contribute. People who come here and contribute are important.

I listened carefully to what my hon. Friend the Member for Kettering (Mr Hollobone) said about numbers, which was also a concern of my hon. Friend the Member for Isle of Wight. Two things are worth remembering. First, my hon. Friend the Member for Kettering was concerned that we will see a repeat of what happened in 2004, but the situation now is different, because in 2004 we were the only country to have no transitional controls. This time, we have had such controls and at the end of September, the controls of eight other European countries—including large countries with successful economies, such as Germany—will expire at the same time as ours. We are not the only country that will have a policy change. Secondly, 48% of immigrants come from outside the EU, 36% come from within the EU and 15% of the people coming to Britain are British citizens who have lived overseas for more than a year who are returning home or who have never lived here. It is worth putting the numbers into perspective.

Most hon. Members talked about employment. We have made a difference, which my hon. Friend the Member for Isle of Wight put his finger on when he talked about our immigration policy, our welfare policy and our education and training policy. The difference is in the combination of the three—a tougher immigration policy; a tougher welfare policy that encourages people to work and contribute; and an increase in the number of apprenticeships and more rigour in schools. In the five years to December 2008, under the previous Government, when there was economic growth and jobs were being created, more than 90% of the increase in employment was accounted for by foreign nationals. That is probably what provoked the comment of the previous Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), about

“British jobs for British workers.”

Since the second quarter of 2010, under the current Government, more than three quarters of the 1.1 million new jobs in the economy have gone to British citizens, which is of benefit. Talented people are still coming to Britain to fill gaps in the labour market and contribute, but the growth in employment now benefits British citizens. That is, first, what we are in business to do in Parliament, and, secondly, very welcome.

We are committed to continuing to bring net migration down. My hon. Friend the Member for Aldershot referred to removing people who have no right to be here. The Immigration Bill currently before Parliament contains measures to reduce the rights of appeal and make it easier to remove foreign national offenders, for example, from the UK when they have no right to be here, which is welcome.

[Sir Gerald Howarth]

I salute the Minister for what he is doing. My point is not so much that further measures, which I welcome, are being taken, but that many people in this country have already exhausted the extensive appeals procedures and have still not been removed. Despite people like me writing to say, “Why aren’t they being removed?”, officials do not seem to take action.

[Mr Harper]

I agree with my hon. Friend. We will certainly give ourselves the powers to take action. Since we split up the UK Border Agency earlier this year, there has been a change in the culture of the two new parts. The immigration enforcement branch now feels that it is a law enforcement organisation and its job is to deal with those who break our immigration rules.

On the subject of those who break the law and want to come to the UK, I would like to make a bit of a public service announcement. I noticed in media coverage this morning that Mike Tyson, who wants to visit the UK, is not able to come here because we changed the immigration rules for those guilty of serious offences. A column in The Sun says that he received a “knock out blow”—the first time I have ever, in effect, got in the ring with a boxer. Mr Tyson is a convicted rapist. If people have been convicted of an offence for which they have been sentenced to a period of imprisonment of at least four years, we will refuse them entry to the UK. I say that because his publisher, who organised his UK book tour, said:

“There was a change in the UK immigration law in December 2012 of which we were unaware.”

That is a fault on their part. I will say in Parliament, therefore, to make the position clear, that we have toughened the immigration rules and people who are criminals who want to come to the UK will not be able to if they are guilty of serious crimes. The measure is welcome and has been welcomed by many who support victims of violence. The child protection campaigner, Sara Payne, said:

“I think the Home Office got it right.”

I savour those words; I do not often hear people say them. She said:

“The rules don’t change just because the offender is famous.”

That is an important point. People have to obey the law. The Government make no apology for toughening up the rules in 2012, and those rules will apply to people equally, whether they are famous or not.

Before I move on, I shall pick up on the intervention from my hon. Friend the Member for Aldershot. The Immigration Bill will reduce the number of appeals and tighten up the rules on article 8, putting them in primary legislation. People who have no right to be here, for example a foreign national offender we are trying to remove, will have fewer opportunities to argue that they should be able to stay, and we will be able to remove them more effectively. I hope my hon. Friend welcomes that.

There was much discussion about labour market rules. The right hon. Member for Delyn mentioned advertisements that aim to hire only foreign nationals, which are unlawful already. I said during a debate on the Immigration Bill that I would draw such advertisements to the attention of the Equality and Human Rights Commission, which is the regulator and enforcement body in that area, and I have done so. It wrote back to me and, to paraphrase a relatively lengthy letter, it is on the case. I will be able to update hon. Members when the Bill returns to the Floor of the House.

My hon. Friends the Members for Cleethorpes and for Braintree referred to what we are doing as we move towards the end of the year. We are preparing for the transitional controls expiring. Last week, I signed an order, which we laid before the House on Friday, amending the European economic area regulations, to take steps to restrict access to benefits, guard against the abuse of free movement and prevent individuals who are removed from the UK for not fulfilling the requirements of the free movement rules from coming straight back again. Those changes will be helpful. A number of them come into force on 1 January. Those we remove for begging or rough sleeping, for example, will not be allowed to come back unless they can demonstrate that immediately on re-entry they will be exercising a treaty right, coming back to work or study, or that they will be self-sufficient.

I am pressed for time and I want to deal with the other issues my hon. Friend the Member for Isle of Wight raised. We will restrict access to jobseeker’s allowance to six months for foreign nationals who become unemployed. This week, the Department for Work and Pensions is rolling out a toughened habitual residence test to increase the range and depth of evidence collected from benefit claimants to ensure that they are entitled to be here. The Home Secretary has consistently raised that issue at the Justice and Home Affairs Council, and she did so again last week. She received support from a number of member states and, I note, robust support from my hon. Friend the Member for Aldershot.

The Government are taking the tough measures necessary. We are bearing down on numbers, but also ensuring that Britain is open to those who want to come to contribute, to put something back and to make our country wealthier. We have the balance right. I want to continue to make changes and I am confident that hon. Members on both sides might even support them.

Oral Answers to Questions

Gerald Howarth Excerpts

Monday 2nd December 2013 Commons Chamber

[Mr Harper]

I am surprised by that, because figures published last week showed a 7% increase—an increased increase on the previous statistics—in the number of such students going to our universities. There is no reason why a student who is properly qualified, who can speak English and who can pay their fees cannot come to a university, and if they get a graduate-level job, they can stay afterwards to work and to continue contributing, so I am not sure why the university sector is saying that. The increase in the number of students does not support its argument.

[Sir Gerald Howarth (Aldershot) (Con)]

Although I can understand, given the grotesque underestimate by the previous Government, my hon. Friend’s reluctance to predict the number of Bulgarians and Romanians likely to come to this country, may I encourage him to give the public and local authorities some indication so that they can plan? Furthermore, even at this late stage, may I invite the Government to support new clause 1 to the Immigration Bill to extend the transitional arrangements—and let us see the courts of these islands, or indeed the European Court of Justice, defy the will of Parliament?

[Mr Harper]

On the first point, predictions only have any value if they are accurate. I am sure that my hon. Friend was listening carefully to my earlier answer, but the figures from independent commentators—from the countries concerned to Migration Watch and other forecasters—are wide-ranging. Indeed, from what I think I heard an Opposition Member say, there is a political party in this country that thinks that all 29 million citizens of those two countries are going to arrive at Heathrow airport on 1 January. With that range of forecasts, it would not be wise to make any predictions.

Romanian and Bulgarian Accession

Gerald Howarth Excerpts

Wednesday 27th November 2013 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman for his measured response and his question. Of course he is right to say that making the changes to tighten the benefit rules, seeking to remove people not exercising their treaty rights and then providing a year-long ban applies not only to Romanians and Bulgarians but to all those exercising their free movement rights and coming here from the European Union. What I took from the last part of the right hon. Gentleman’s question was, I think, support for the concept that this Government have set out—that we want to renegotiate the treaty. My party has certainly set that out, and the Prime Minister has set it out. We want the treaty to be renegotiated and, within that, we want to address the issue of free movement. Crucially, other member states across the EU are now working with us, because they also see potential problems arising from the abuse of the free movement right.

[Sir Gerald Howarth (Aldershot) (Con)]

May I congratulate my right hon. Friend on her incredibly robust statement today, which will be warmly welcomed by the British people, and may I join her in condemning the nauseating hypocrisy of Labour Members, who allowed 2.2 million to come into this country as a deliberate act of policy? We saw on the television young doctors in Bulgaria wishing to come to this country because they could earn in two days here what they earn in a month in Bulgaria. Is not their membership of the EU completely contradicted if all the talent leaves Bulgaria and comes to the UK and other advanced European countries? Even at this late stage, I invite my right hon. Friend to contemplate extending the transitional arrangements so that we have another two or three years to prepare for this.

Mohammed Ahmed Mohamed

Gerald Howarth Excerpts

Monday 4th November 2013 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

May I commend my right hon. Friend’s approach and urge her to go further in her robustness and scrap the Labour-introduced Human Rights Act 1998? While she is at it, will she follow the advice of our right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and have the burqa banned in this country? It is alien to our culture and has enabled this man to abscond.

[Mrs May]

I thank my hon. Friend. He and I, as Conservative Members, both stood on a manifesto at the general election to scrap the Human Rights Act. I expect to stand on that manifesto at the next general election; it will be a Conservative commitment. He asks about the burqa. I will repeat my position, which is one that I have made clear on previous occasions. First, I believe it is the right of a woman to choose how she dresses. We should allow women to be free to make that choice for themselves. There will be circumstances when it is right to ask for a veil to be removed—for example, at border security or perhaps in courts—and individual institutions, like schools, will make their own policies on dress. However, I fundamentally believe it is the right of a woman to be free to decide how to dress.

Oral Answers to Questions

Gerald Howarth Excerpts

Thursday 31st October 2013 Commons Chamber

[Maria Miller]

We have had a great deal of debate on the self-regulation of the press, through the Leveson inquiry and through the 11 subsequent debates in this House and the other place. The important thing is that we make this work for the industry and for people who are seeking redress.

[Sir Gerald Howarth (Aldershot) (Con)]

I congratulate my right hon. Friend the Secretary of State, the Prime Minister and all those involved in the difficult business of striking the right balance. Given the overwhelming public support for a system of independent regulation, does my right hon. Friend agree that the editors and press barons should now recognise that the will of Parliament has been declared, and that they should support the people, come to terms with this measure and negotiate with her?

[Maria Miller]

I thank my hon. Friend for his comments. I would add that the public overwhelmingly support a free press, so it is important that we strike the right balance. I am sure that everyone here today would agree that the new system has to have a free press at its heart, while giving individuals the right level of redress, as I believe it will.

2014 JHA Opt-out Decision

Gerald Howarth Excerpts

Monday 15th July 2013 Commons Chamber

[Mrs May]

My hon. Friend is right to be concerned about the indications of some of the intentions about the future of Europe. We have made it clear—it is in our coalition agreement—that we will not support anything that, for example, establishes a European public prosecutor, which we do not believe is the right way to go. Furthermore, on the new Europol regulation, which I will mention later and on which we will have a further debate tonight led by the security Minister, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), we do not wish, as I said, to do anything that leads to anything akin to a European police force.

We have concluded, however, that some of the measures in the opt-out decision help us to tackle crime and keep our country safe, and we should therefore seek to opt back into them. We believe that there are 35 such measures, as I indicated last week. I will deal first with the most controversial of the measures we plan to opt back into: the European arrest warrant. It is a controversial measure because, although we clearly need strong extradition arrangements in place to see justice done, when extradition arrangements are wrong, they can have a detrimental effect on our civil liberties. Hon Members, especially my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), will remember that last year I stopped the extradition of Gary McKinnon and then secured changes to the operation of our extradition arrangements with the United States.

I believe that the operation of the European arrest warrant is in similar need of change, which is why I propose new safeguards to increase the protection offered to those wanted for extradition through the European arrest warrant. First, as I indicated earlier, the Government have tabled amendments to the Anti-social Behaviour, Crime and Policing Bill, which is currently in Committee in this House, to ensure that an arrest warrant can be refused for minor crimes. Secondly, we will work with other member states to enforce their fines and ensure that, where possible, an investigation order is used instead of an arrest warrant, meaning that police forces and prosecutors would share evidence and information without requiring the extradition of a suspect at the investigative stage.

Thirdly, I will amend extradition legislation to ensure that people in the UK can only be extradited under the European arrest warrant when the requesting member state has already made a decision to charge and a decision to try, unless that person’s presence is required in that jurisdiction for those decisions to be made. Fourthly, I will amend our law to make it clear that in cases where part of the alleged conduct took place in the UK and where that conduct is not criminal here, the judge must refuse extradition for that conduct. Fifthly, I want to ensure that people who consent to extradition do not lose their right not to be prosecuted for other offences.

Sixthly, we propose that the prisoner transfer framework decision should be used to its fullest extent so that British subjects extradited and convicted can be returned to serve their sentence here. Seventhly, where a British subject has been convicted and sentenced abroad—for example, in their absence—and is the subject of an arrest warrant, we will ask, with their permission, for the warrant to be withdrawn and will use the prisoner transfer arrangements instead. Eighthly, I plan either to allow the temporary transfer of a consenting person so that they can be interviewed by the issuing state’s authorities or to allow them to do this through means such as video-conferencing in the UK. Where the suspect is innocent, this should lead to the extradition request being withdrawn.

Those are all changes that can be made in our own law, and which could have been made at any time by the Labour party.

[Sir Gerald Howarth (Aldershot) (Con)]

I am most grateful to my right hon. Friend and I apologise for not being here at the outset. The safeguards she mentions, which we intend to enshrine in English law, are welcome. However, the European arrest warrant will become subject to the European Court of Justice. What assurances can she give the House that the safeguards will not be challengeable by the European Court of Justice, and therefore annulled?

[Mrs May]

My hon. Friend is right that if we opt back into the European arrest warrant it will be subject to the European Court of Justice. However, I suggest he look at other EU countries that already have similar measures, certainly in terms of proportionality, and operate them without any question of whether it is right for them to be so operated. I believe it is possible for us to put these measures into our law and do so in a way that provides extra safeguards for British citizens. Many of the changes reflect the policies of other member states, which means we can have confidence in their durability. Co-operation across borders in the fight against crime is vital, but it must not come at the expense of the civil liberties of British subjects. I believe that the Government’s programme of reform will get the balance right.

Abu Qatada (Deportation)

Gerald Howarth Excerpts

Monday 8th July 2013 Commons Chamber

[Mrs May]

I shall perhaps not refer to some of the right hon. Gentleman’s comments, but I am grateful to him for his kind remarks. This has been the result of a huge amount of effort by a great number of people, including Home Office officials, our ambassador in Amman, and my hon. Friend the security Minister, to make sure that we achieved the deportation of Abu Qatada. The right hon. Gentleman encourages us to enter agreements of a similar nature with other countries. We have, I think, 30 mutual legal assistance treaties with other countries, so we have already gone down that route, and that includes countries such as United Arab Emirates and Saudi Arabia. We have a number of deportation with assurances memorandums of understanding with other countries—I think we have now been able to deport 11 people as a result of those agreements—but of course we seek to increase that number where it is necessary to do so.

[Sir Gerald Howarth (Aldershot) (Con)]

May I award my right hon. Friend and her entire team 10 out of 10 for standing up against this man and for British interests? It is deeply offensive to the British people that £1.5 million was spent keeping this man in the country for 12 years. May I encourage my right hon. Friend to carry on with her work and, despite the remarks of the shadow Home Secretary, to look again at repealing the Human Rights Act and Britain’s membership of the European convention on human rights? Can she tell us whether the judges have got it at last? She is doing a fantastic job—keep it up, please.

[Mrs May]

In relation to the interpretation of article 8, sadly we have seen cases where the interpretation by the judges has not been what the intent of Parliament was when we changed the immigration rules, which is why we are going to put those changes into primary legislation in the immigration Bill later this year. I can assure my hon. Friend that I and others will continue looking at human rights and what the right human rights laws are. As our right hon. Friend the Prime Minister made clear on Sunday morning, the Conservative party will introduce our proposals at the next general election.

Oral Answers to Questions

Gerald Howarth Excerpts

Monday 10th June 2013 Commons Chamber

[Mr Harper]

The hon. Gentleman should know that this is about exactly the reason I set out; he will know, if he has done his research, that between 2011 and 2012 there was a significant increase, of more than 1,000, in the number of appeals made by criminals to prevent their deportation. That is exactly why we need to take action, and it is another area we will deal with in the Immigration Bill.

[Sir Gerald Howarth (Aldershot) (Con)]

May I congratulate my hon. Friend and the Home Secretary on the determination with which they have pursued this matter? I invite my hon. Friend to recall the remarks made by the Prime Minister last week in answer to me, when he expressed great concern about the European Court of Human Rights, which has been subverted from its original intention. Are the Government still prepared that the United Kingdom should secede, because the British people are absolutely fed up with this Court?

[Mr Harper]

My hon. Friend will know that the Government have laid out our position clearly. I suspect that the issue he mentions—what happens to the Human Rights Act and with this country’s relationship with the European Court—will be dealt with in debate at the general election.