Extradition
Debate between Hywel Francis and Baroness May of Maidenhead(12 years ago)
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Dr Hywel Francis (Aberavon) (Lab)
On behalf of the Joint Committee on Human Rights, I warmly welcome the Home Secretary’s decision on Gary McKinnon. Will she look again at the JCHR’s report on extradition, particularly with regard to the evidence given to us on the European arrest warrant?
Mrs May
I thank the hon. Gentleman for his question and thank him and the right hon. Member for Leicester East (Keith Vaz) for the work that their two Committees did on extradition arrangements. The Government will respond, I hope later today, to his Committee’s report, and obviously will refer to the issue that he has raised.
European Convention on Human Rights
Debate between Hywel Francis and Baroness May of Maidenhead(12 years, 4 months ago)
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Mrs May
I am tempted to give exactly the same answer to the hon. Gentleman as I gave to him earlier. What we are debating is Parliament’s saying, first, that the House supports the Government in recognising the qualified nature of article 8 and, secondly, that the basis on which article 8 can be qualified is set out in the immigration rules. It is open to hon. Members to pray against the immigration rules if they wish to debate them. [Interruption.] The hon. Member for Perth and North Perthshire (Pete Wishart) asks whether we are agreeing to the immigration rules. What we are agreeing is that article 8 is qualified as set out in the immigration rules. There is then the separate issue—perhaps it would be helpful if I put it this way—of whether the immigration rules are prayed against and whether there is then a debate and a vote on those rules. I hope that I have helped him. There is a very important point at issue here: the courts have said that Parliament needs to give its views about the qualification of article 8 and that is what I am inviting hon. Members to do today.
Mrs May
I am going to make some progress now. I apologise but I have taken several questions from one hon. Member and I want to make some progress.
I was talking about the cases we have had, and I note that there are issues at appeal stage. Last year, 1,888 appeals against deportation were lodged. Of the 409 successful appeals, 185—that is 45%—were allowed on article 8 grounds. Those are the consequences of having had immigration rules that do not properly set out the qualified nature of article 8. The new immigration rules state how the balance should be struck between the public interest and individual rights. They take into account relevant case law, evidence, independent advice and public consultation, and they provide clear instructions for UK Border Agency caseworkers about the approach they must normally take in deciding article 8 claims. They provide the basis for a consistent, fair and transparent decision-making process, and I ask the House to agree that they reflect how family migration should be controlled in the public interest. Once endorsed by the House, the new immigration rules will form a framework that Parliament considers is compatible with article 8, on which the courts can therefore place greater weight as a statement of the public interest.
I turn now to the criteria in the new immigration rules that will be used to judge claims under article 8 in practice. The particular aspects of the new family immigration rules that are relevant are those on criminality, the best interests of a child, the family or private life of non-criminals, and the income threshold.
Perhaps nothing has done more to damage public confidence in the immigration system than when serious foreign criminals have used flimsy article 8 claims to avoid removal from this country. The European convention on human rights is clear—those who commit crimes do not have an unqualified right to respect for private and family life. So we are changing the immigration rules to make clear Parliament’s view that if someone is a serious criminal, if they have not behaved according to the standards we expect in this country, a weak claim to family life is not going to get in the way of their deportation. There is no place in this country for foreign criminals who threaten our safety and security and who undermine our rights and freedoms.
If a foreign criminal has received a custodial sentence of 12 months or more, deportation will normally be proportionate. Even if a criminal has received a shorter sentence, deportation will still normally be proportionate if their offending has caused serious harm or if they are a persistent offender who shows a particular disregard for the law. So where a foreign criminal is sentenced to less than four years, where no children are involved, and where the criminal has been here lawfully for less than 15 years, discounting their time in prison, deportation will normally be proportionate, even if they have a genuine and ongoing relationship with a partner in the UK. Even if the criminal has been here lawfully for 15 years, unless there are insurmountable obstacles to family life with that partner continuing overseas, deportation will still normally be proportionate.
Mrs May
Under the convention, the question of whether someone will be subjected to torture relates not to article 8, but to article 3, I think—[Interruption.] I am getting nods from hon. Members. Of course, the European convention on human rights includes the statement that people should not be sent back to countries where they will be subject to torture, but the issue under discussion is one reason why, on a number of matters, we have negotiated with a number of countries throughout the world what is called “deportation with assurances”. This has been tested in the courts and enables us to deport individuals, with the assurance, which we have achieved through a memorandum of understanding, that they—individuals in those circumstances—will not be subject to torture when they are returned.
Dr Francis
Given the complexity of the changes and their number, instead of our having a debate today, would it not be more appropriate to refer the matter for scrutiny to some of the many Select Committees of this House, including my own? As Chair of the Joint Committee on Human Rights, I raised the matter earlier this afternoon with its members, who agreed with me that this was a matter of considerable concern which should be referred to our Committee. To illustrate the issue’s complexities, I note that 75 years ago this month 6,000 Basque refugee children arrived in this country. Would they have been excluded under these new rules?
Mrs May
I recognise the work undertaken on the matter by the Joint Committee on Human Rights, which the hon. Gentleman chairs, and, if he wishes to see a debate about the immigration rules, it is of course entirely open to the Committee and, indeed, to the hon. Gentleman himself, as I indicated earlier, to pray against them, but today I am asking Parliament to say, “We recognise there is a qualified right, and that qualification is set out in the immigration rules agreed by the House.”
The new immigration rules will demand that, for non-criminals without children to remain in the UK on the basis of their family life, they will have to show that they are in a genuine relationship. If they can pay their way and meet the income threshold and other requirements, they can qualify for settlement after five years. If they cannot meet those requirements, but insurmountable obstacles to family life with their partner are continuing overseas, they can enter a 10-year route to settlement.
To remain in the UK on the basis of a private life, applicants must have resided continuously in the UK for at least 20 years, discounting any period of imprisonment; or they must be under 18 years old and have resided continuously in the UK for at least seven years; or they must be aged 18 or over but under 25 and have spent at least half their life residing continuously in the UK; or they must be aged 18 or over, have resided continuously in the UK for less than 20 years but have no social, cultural or family ties with their country of origin. If applicants qualify under those criteria, they will enter a 10-year route to settlement.
The European convention on human rights also makes it clear that article 8 may be interfered with to protect the economic well-being of the UK. Strasbourg case law has established that this includes controlling immigration. This Government believe that anyone who wishes to bring a foreign spouse, partner or dependant to the UK should be able to support them financially, and we sought advice from the Migration Advisory Committee on the minimum income level that would allow a British citizen or a person with settled status in the UK to support an immigrant partner or dependant.
Following that advice, we have set the income threshold at £18,600, a figure that was at the lower end of the range recommended by the Committee, but the level at which a sponsor can generally support themselves and a partner without accessing income-related benefits. Children, of course, involve additional costs to the state, particularly in schooling, so, again following advice from the Migration Advisory Committee, the income threshold will rise to £22,400 for a partner and one child, with an additional £2,400 for each further child.
Both partners’ earnings from employment in the UK can be counted towards the new requirement, together with their non-employment and pension income, and significant savings can also be used to offset any deficit in income, but third-party support in the form of subsidies or undertakings will not be allowed.
An applicant whose sponsor is in receipt of a specified disability-related benefit or carer’s allowance will be exempt from the new financial requirement. We believe that the new financial requirements are necessary, proportionate and firmly in the public interest, and I trust Parliament will endorse that view.
It may be helpful to the House if I set out some examples of how the new rules might operate in practice. In a non-criminal context, there might be the example of a former student who came to the UK with his partner and one-year-old child. His relationship with his partner has now broken down, and he has seen his child—now aged four—only once in the last year. He has no role in the child’s daily care. His partner, also a student, continues to study, and she and the child will remain here for another year. As the former student’s course has now ended, he has applied under the family rules on the basis of his child. In this case, the child is not British and has not lived in the UK for the past seven years. The father is not a primary carer and does not appear to have a genuine and subsisting relationship with his child. His former partner is also here only on a temporary basis for one more year. The application would therefore be refused.
Another example might be that of a young married couple who met overseas. The woman subsequently came to the UK to study and they married here. The man is a British citizen who earns just less than the minimum income threshold, and the woman is no longer a student and is not working. The couple are genuine and their relationship is ongoing, and they may still be able to meet the income requirement, but if not, and if there is no evidence of any insurmountable obstacles to their continuing their family life together overseas, we would expect them to do so.
In criminal cases, there might be an example of a serious foreign criminal sentenced to four years imprisonment for class A drugs supply. He has no family in the UK but claims that over his previous 15 years in this country he has built up a substantial private life. This man’s crimes represent such a serious level of offending that they outweigh any article 8 issues. There is no evidence that his case is exceptional, and this criminal could expect to be deported.
Another foreign criminal is sentenced to two years’ imprisonment for actual bodily harm. He has been in the UK lawfully for seven years before being sent to prison and has a partner who is settled in the UK. Again, there do not appear to be any exceptional circumstances in this case. The criminal has been lawfully resident in the UK for less than 15 years. It is therefore proportionate and in the public interest for this criminal to be deported.
For too long, the rights of foreign criminals have been placed above the rights of the British public, and for too long Parliament has not given its view on when it is proportionate to remove those criminals in the public interest. We are putting that right. We are making it clear that the British public’s right to protection from crime trumps a foreign criminal’s weak claim to family life, and we are allowing the views of those in Parliament, as the democratically elected representatives of the British people, to be heard on this issue loud and clear. We trust that the courts will give due weight to a statement from this House.
Today I have outlined common-sense proposals with which I hope all right hon. and hon. Members can agree. I ask the House to approve this motion and to let its views be heard. I commend the motion to the House.
Public Order Policing
Debate between Hywel Francis and Baroness May of Maidenhead(13 years, 10 months ago)
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Dr Hywel Francis (Aberavon) (Lab)
The Home Secretary will be aware that the Association of Chief Police Officers has excellent guidelines on kettling or containment. Does she agree that in the future—never mind what has happened in the past—it would be good to focus specifically on communication between the organisers of demonstrations and the police?
Mrs May
Yes, there are guidelines on the use of kettling, when it is appropriate and how it should be undertaken. As for communications between the police and organisers, one of the features of the demonstrations that have taken place so far is that although the police have taken great pains to communicate with the organisers, sadly the organisers have then not appeared to be able to maintain the demonstration as originally suggested. We have seen a number of violent people doing what they want to do, which is to create criminal damage and violence at the heart of those demonstrations, and that is something that we must all condemn. Peaceful protest is appropriate, and we want to enable it to happen, but violent protest is not.