Foreign National Offenders (Exclusion from the UK) Bill

Debate between Henry Smith and Philip Davies

Friday 11th March 2016 Commons Chamber

[Philip Davies]

My hon. Friend is absolutely right. It is incumbent on us to point out when such things happen so that people can draw their own conclusions as to what the problem is. It seems that the law, which is clear and was created with all the right intentions—I do not criticise the previous Labour Government for that—has been thwarted by judges who have clearly decided that they do not agree with it. I have no problem with a judge who does not agree with a particular law, but if that is their position and if they want to affect the law, they should quit being a judge and try to get themselves elected to Parliament. They should not use their position to thwart the will of Parliament. That is not what they are for, but that is clearly what they are doing.

The point made by my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) about the qualifying offence is an issue that has arisen in previous debates in the House on these matters. My right hon. Friend the Member for East Yorkshire (Sir Greg Knight) raised the issue the last time that such a Bill was debated and also thought that the qualifying offence was perhaps a little too wide, which is something that we should consider today. The Bill states that the qualifying offence

“shall mean any offence for which a term of imprisonment may be imposed by a court of law.”

As my hon. Friend the Member for Mid Dorset and North Poole quite rightly said and as my right hon. Friend the Member for East Yorkshire said in a previous debate, that does not necessarily mean that the offender has to have been sent to prison, just that they have to have committed an offence that may be punishable with imprisonment.

The problem is that I am not entirely sure what that means. Other people may also not know what it means. Most importantly of all, judges may not know what it means. It could mean that if somebody is convicted of an offence that could lead to a prison sentence, they are automatically deported. That may well be the Bill’s intention; I get the impression from my hon. Friend the Member for Kettering that that is the intention, and I have no quibble with that. In fact, to be perfectly honest, I would prefer it to go a bit further and say that the imprisonment does not matter and that if anybody commits a criminal offence—full stop—they should be deported from the country. I would make it very simple so that there is no argument at all.

[Henry Smith]

That is precisely the point that I wanted to make when I intervened on my hon. Friend the Member for Kettering (Mr Hollobone) to refer to the case in Crawley over the new year, in which an Afghan national, a Dutch resident, committed a violent offence against check-in staff at Gatwick airport and yet was released on to the streets of my constituency. Such measures would have prevented that from happening.

[Philip Davies]

I agree with my hon. Friend. The problem is that we see all the time how difficult it is to be sent to prison in the UK. Someone either has to commit serious offences or be a persistent offender. Even if someone is a persistent offender, the chances are that they may not get sent to prison.

In fact, a while back, I asked a parliamentary question about the proportion who are sent to prison of people who come before the courts with 100 previous convictions. Would you believe it, Madam Deputy Speaker: if someone goes to court with more than 100 previous convictions, they are statistically more likely not to be sent to prison? If the Bill referred only to people on whom a term of imprisonment is imposed, that would be hopeless, because people will be getting away with crime after crime, being given community sentence after community sentence, and still causing havoc in the community.