Foreign National Offenders (Exclusion from the United Kingdom) Bill

Jack Dromey Excerpts

Friday 6th March 2015 Commons Chamber

[Jack Dromey (Birmingham, Erdington) (Lab)]

When people come to Britain, they should abide by the law. The hon. Member for Wellingborough (Mr Bone) is right that those who abuse our hospitality and commit serious crimes have no place in this country. Indeed, in my own constituency, if I am approached by someone seeking leave to remain in the country who, for example, has committed a serious crime and in particular has gone to prison, it is my practice to refuse to take the case up with the Home Office. It is true to say, I think, that the whole House wants to see foreign criminals deported.

The Prime Minister said that this would be a priority for his Government, but as with so many promises he has made, he is not keeping to his word. Last year more than 500 fewer foreign criminals were removed than in Labour’s last year in office in 2009. On top of that, the National Audit Office released a scathing report in October 2014 on the Home Office’s management of foreign national offenders. It found that more than a third of failed removals were the result of factors within Home Office control. The factors included poor use of IT, a lack of communication, failure to use the powers available, cumbersome and slow referral processes and inefficiency in processing—the list goes on. A third of failed removals could otherwise have been dealt with quickly and properly.

Worse still, more criminals have absconded under this Government—a 6% increase since 2010. In its very interesting report, the NAO stated that we have worse systems in our country than other European countries for preventing foreign criminals from entering in the first place, due in part to the delay in joining the second-generation Schengen information system, which we finally joined only a month ago. Our joining was delayed because of the Home Secretary’s decision to exercise the opt-out on co-operation with Europe—a fact that put border security at risk and has longer-term consequences for the safety and security of our country.

The hon. Gentleman is absolutely right, therefore, to make the argument that he makes today, and we agree that there need to be more stringent controls on foreign offenders, but we do not agree with the proposals in the Bill, even if we agree with the intentions. It would put Britain in contravention of the European convention on human rights at the very time we are arguing in foreign policy terms that countries such as Russia and Ukraine should respect the European convention, and that countries such as Belarus should sign up to the convention. The Government’s legal advice on the matter has been clear. We agree with that advice and consequently cannot vote for something that is illegal.

A similar proposal was debated in the course of the Immigration Bill. The Home Secretary stated that it was incompatible with the European convention on human rights, and that she was concerned about the practical application of the new clause, arguing that it would

“effectively hinder our ability to deport people for a period of time because there would be considerable legal wrangling about the issue.”—[Official Report, 30 January 2014; Vol. 574, c. 1051.]

We support the principle behind the Bill that more foreign criminals should be deported, especially given how poor the Government’s track record has been, but if the Bill were passed it might well have the unintended consequence of creating legal barriers to deportation as foreign criminals tied up the courts with challenges to their deportation.

[Mr Bone]

I welcome the hon. Gentleman’s support for the principle, but he says that we cannot implement it, basically because of the Human Rights Act. I guess he is saying that he would rather foreign prisoners stayed here because of the Human Rights Act than agree with the principle of getting them sent home. Is that the position of the Opposition?

[Jack Dromey]

We are absolutely in favour of a rigorous approach to dealing with a problem that has rightly caused public outrage. There have been some very serious cases of foreign criminals who have come to our country, having committed appalling crimes in their own country, and then committed appalling crimes in this country. On the issue of principle, we are with the hon. Gentleman 101%. The question is what we do about it in practical terms. I gave the examples from the National Audit Office report, which stated that a third or more of the problems that had been identified were a consequence of Home Office practices. So we are in favour of a sensible debate about a much more rigorous approach. We agree with what the Government have said, but our concern is that we should not inadvertently create endless wrangling in the courts; rather, we should try to improve the system to ensure that those who commit serious crimes are sent back to their country of origin.

--- Later in debate ---

[James Brokenshire]

A significant amount is being done. We are preventing a number of foreign national offenders from getting into this country in the first place by strengthening the data that we have at our borders through our warnings index and making sure that our Border Force officers have that information. There is the impact of the Schengen information system—the new means by which we are able to gain advantage from information from Europe such that people are unable to get into this country in the first place. There are also dedicated teams available to respond to those who abscond.

As my hon. Friend suggests, there is a further initiative to make the public aware. We have used that overseas to identify British citizens on the run in other European countries. I pay tribute to the work of the National Crime Agency in working with our counterparts in Spain and with Crimestoppers to ensure that those who are fleeing justice in this country are apprehended and brought to justice in this country. A significant amount of work is being done in-country on identifying those who would do us harm and on preventing people from coming in at the border—not forgetting those who are fleeing justice from our shores and who need to be brought to book here in this country. That is why this work is being undertaken.

[Jack Dromey]

I totally agree with the point about strengthening our borders. No doubt the Minister will welcome our proposal for an additional 1,000 border guards. He says that the Government have dealt with what he claims were past problems in relation to Labour’s track record. They have been in power for five years. Can he explain why more criminals have absconded under this Government—a 6% increase since 2010?