Imprisoned Foreign Nationals

Guy Opperman Excerpts

Wednesday 15th October 2014 Westminster Hall

[Mr Philip Hollobone (Kettering) (Con)]

It is a huge pleasure to serve under your distinguished chairmanship, Mr Caton. I thank Mr Speaker for granting me the honour of securing today’s debate. I welcome to the debate my right hon. Friend the Minister, who serves in both the Home Office and the Ministry of Justice. I know that he takes a great interest in these important matters.

My contention on behalf of my constituents in Kettering is that far too many foreign national offenders are being held in British prisons. Do not get me wrong: it is excellent that so many criminals are being caught and sentenced, but such people need to serve their sentences in secure detention in prisons in their own country, because the cost to the British taxpayer is north of £300 million a year. At a time of severe constraints on public expenditure, that is far too large a bill to ask British taxpayers to pay.

My understanding is that England and Wales have a prison population of something like 85,000 prisoners; no doubt the Minister will be able to update the House with the very latest figures when he responds. I understand that 10,834 of those 85,000 are foreign national offenders; again, I am sure that the Minister will want to provide the House with the exact figures. I am a bear of little brain, but I estimate that that means that foreign national offenders make up something like 13% of our prison population.

Both the number of foreign national offenders and the total number of prisoners in British prisons have increased markedly since the early days of the previous Government, thanks in large part to the tougher criminal justice policies pursued by the previous Conservative Government, the previous Labour Government, and the current coalition Government. That is a good thing; criminals are being brought to justice and are serving longer in prison, and my constituents support that. However, having almost 11,000 foreign national offenders gives us huge problems. Our prison system is basically full, yet 13% of prisoners are foreign nationals. Public expenditure is tight, yet we are spending more than £300 million a year on these people. I understand that a number of Her Majesty’s prisons are devoted entirely to housing foreign national offenders. I am sure that the Minister will correct me if I am wrong, but I understand that HMP Canterbury and HMP Bullwood Hall are devoted entirely to housing foreign national offenders.

Our jails are host to foreign criminals from 160 countries around the world; indeed, 80% of the world’s nations are represented in British prisons. Something like a third of them have been convicted of violent and sexual offences, a fifth have been convicted of drugs offences, and others have been convicted of burglary, robbery, fraud and other serious crimes. Although 160 countries are represented in our prisons, something like 57% of the total foreign national prisoner population comes from just 12 nations.

I shall read out the list of shame: top of the polls is Poland, with 938 foreign national offenders in our jails; second is Ireland, with 779; third is Jamaica, with 737; in equal fourth place are Romania and Pakistan, each with 547; sixth is Lithuania, with 502; seventh is Nigeria, with 469; eighth is Somalia, with 430; ninth is India, with 426; 10th is Bangladesh, with 276; 11th is Albania, with 275; and 12th is Vietnam, with 247. I am sure that the Minister will correct me if any of those numbers are wrong or should be updated, but those 12 countries have the biggest national populations in our prisons, making up 57% of the total—that is 6,174 prisoners.

[Guy Opperman (Hexham) (Con)]

I congratulate my hon. Friend on securing such an important debate and addressing an issue that affects a lot of us. Does he agree that one way to resolve the problem is to use the budgets of both the Department for International Development and the Ministry of Justice to improve prisons in countries such as Jamaica—I have visited Kingston prison, where some UK nationals and almost 1,000 Jamaicans were being held—thereby allowing prisoners to be returned to a human-rights-compliant jail in their homeland?

[Mr Hollobone]

I am most grateful to my hon. Friend for his intervention; he knows a lot about the subject, and I congratulate him on taking the initiative to visit the prison in Kingston. There cannot be many Members of the House who have visited Kingston prison, so I applaud my hon. Friend for his endeavour. He makes an extremely sensible suggestion, but I must say that I do not think that my constituents in Kettering are particularly fussed about the human rights of foreign nationals who commit crimes in this country. However, I understand that, as things stand, we operate under human rights legislation introduced by the previous Government and are not allowed in law to deport criminals to non-human-rights-compliant prisons.

It would make sense to use the huge and increasing international aid budget to build suitable prisons in countries that provide us with a large number of prisoners. That is a good idea. Indeed, earlier this year I asked the then Minister of State, Department for International Development, my right hon. Friend the Member for Rutland and Melton (Sir Alan Duncan), how much we give in aid each year to Jamaica, Pakistan, Nigeria, Somalia, India and Bangladesh. The answer was that for 2012—one year—we gave them £973 million. Those six countries provide us with 2,900 foreign national offenders, which is more than a quarter of the total number of foreign national offenders. It costs this country more than £100 million a year to incarcerate these people in our jails. It would be a good idea to spend some of that £973 million on building prisons in those six countries.

[Guy Opperman]

What my hon. Friend is describing is not a novel idea. The Government have supported similar ideas in other countries: I believe that Haiti is one such case, and the Jamaican example is the one that is closest to happening. I hate to say it, but the project has stalled because there have been difficulties with the MOJ and DFID budgets and with driving the matter forward through civil servants and Ministers, and there have also been problems with getting agreement with the Jamaican Government. Nevertheless, where there is a will to deport these gentlemen, there is definitely a way.

[Mr Hollobone]

That is absolutely right. In that regard, I have great hopes for my right hon. Friend the Minister, because I am sure that if something can be achieved, he will achieve it. I would go so far as to say that we should make our international aid to these countries conditional on their acceptance of a prison-building programme—we should not give them international aid if they do not co-operate with us on this issue.

Again, I would be happy to be corrected if I am wrong, but I understand that we have been pursuing a compulsory prisoner transfer agreement with Jamaica for ages, but it is still subject to ratification by the Jamaican Government. We have only a voluntary prisoner transfer agreement with Pakistan. We have, at last, a compulsory prisoner transfer agreement with Nigeria, and I hope that the Minister will tell the House how many hundreds of Nigerians await deportation to that country. We do not have a prisoner transfer agreement of any sort with Somalia or Bangladesh, and we have only a voluntary prisoner transfer agreement with India. These six countries provide us with 25% of our foreign national offender population; we give them the best part of £1 billion a year in international aid; yet they are not co-operating with us in any sensible, meaningful way on taking back their nationals who have committed criminal offences in this country.

There is good news on EU criminals in our jails—it is not good news for them, but good news for us as British taxpayers—because there is now an EU-wide compulsory prisoner transfer agreement, whereby EU nationals convicted and imprisoned in our country can be sent back against their will to their country of origin. That applies so long as prisoners come from another EU state. However, my understanding is that only 14 of the EU states have ratified that legislation. Again, I would welcome an update from the Minister on that.

Poland, which is top of the list with almost 1,000 of its nationals in our prisons, has a specific derogation from accepting prisoner transfers under that EU agreement until the end of December 2016. That is an absolute outrage. Why should we pay to accommodate criminals who have come to this country from Poland? Poland should be securing those people in secure detention back in Poland, at the expense of Polish taxpayers. It is okay for there to be no restrictions at all on eastern Europeans coming to the United Kingdom; apparently that is fine—more than 1 million people from eastern Europe live, work or claim benefits in this country—but we are not allowed to send back to eastern Europe, and Poland in particular, nationals from those countries, including Polish nationals, who have been convicted, found guilty and imprisoned for serious criminal offences, and who are incarcerated in jail in this country. My constituents in Kettering, and I suspect most of the population at large, are outraged that this situation has been allowed to develop.

I am sure we can all agree that this is a serious issue that needs to be tackled; indeed, some distinguished figures have said as much. The Lord Chancellor and Secretary of State for Justice told me in November 2012:

“The prisons Minister…and I have met our Jamaican counterparts during the last few weeks. We are focusing our efforts to negotiate compulsory transfer agreements on the countries where the problem is greatest.” —[Official Report, 13 November 2012; Vol. 553, c. 165.]

That is great, but we still await these compulsory transfer agreements.

The Prime Minister said to me on the Floor of the House in July 2013:

“We have held specific National Security Council discussions about prisoner transfers and about foreign national offenders, because I think that we need to do much better in getting people out of our jails and back to the countries where they belong. We are making some progress, but it is hard work. This European Union agreement is a potential benefit for us and we have to do everything we can, both at the European Council and bilaterally with other countries, to get them to sign and implement. That is a programme that the Government are very much working on.”—[Official Report, 2 July 2013; Vol. 565, c. 773.]

That was in July 2013, but not much progress has been made since then, because the figures I have show that in March 2013 there were 10,735 foreign national offenders in our jails, whereas I think the latest number is 10,834.

The Lord Chancellor and Secretary of State for Justice said to me in June:

“This is a matter of great concern to Ministers. We are also seeking to speed up the formal deportation process through the Home Office. We need to reduce the numbers significantly, but it is proving to be a more stubborn and difficult task than any of us would wish.”—[Official Report, 16 June 2014; Vol. 582, c. 852.]

That is right, but we need to co-ordinate our efforts as a Government to tackle this problem. That is why I am delighted that my right hon. Friend the Minister for Policing, Criminal Justice and Victims is in his post, because he has a desk not only in the Home Office but in the Ministry of Justice, and so is uniquely placed to knock heads together in the two Departments to ensure that action is taken.

I am not a lawyer, and I am rather proud of that fact. I do not understand all the legal niceties about the differences between deportation, transfer, removal and repatriation. Apparently, all these terms have highly technical and specific meanings, but basically my constituents in Kettering and I want to see these foreign national offenders removed from here to there, and incarcerated at the expense of their own taxpayers.

More than that, once those people have left our shores, we want them to be banned from ever returning. That is why I introduced a Bill in the last Session of Parliament, called the Foreign National Offenders (Exclusion from the United Kingdom) Bill, which would exclude those people from the UK once they had been found guilty of a criminal offence on our shores and basically been forced to leave. I do not see why they should ever be allowed back into our country once they have been found guilty of, and imprisoned for, a serious offence.

This is an issue of serious concern. If we get it right, we would not only free up almost 11,000 spaces in our overcrowded prisons but save the British taxpayer north of £300 million every year. Some of the most senior politicians in the land have said that they recognise that this issue is a problem, and that they want to solve it. I say to them, through my right hon. Friend the Minister, that they have had long enough to do that, so please will he put a rocket under this issue to ensure that it is tackled once and for all?