Foreign National Offenders (Exclusion from the United Kingdom) Bill

Debate between James Brokenshire and Alan Duncan

Friday 6th March 2015 Commons Chamber

[James Brokenshire]

My hon. Friend will know that, from time to time, judgments in our courts in relation to prison conditions or other ancillary issues can be used, and argued in courts, to seek to prevent removal. It is important to restate in our regulations that the measure should have parity, in essence to provide certainty and assurance if legal issues are raised by someone seeking to delay, defer or frustrate their removal on the grounds that, in some way, the conditions on the ground in another EEA member state should prevent them from being removed.

I come back to the issues I touched on at the outset of my contribution on ensuring that we have a system that joins up, so that we have that sense that it deals with all the matters at hand in preventing people who have a criminal record from coming to this country in the first place. I have highlighted the introduction of the second generation Schengen information system, which will give us access to 35,000 alerts for people wanted for crimes within the EU. We will stop and arrest people at the border before they enter the UK and commit further crimes. That is the ability that the new Schengen information system gives us.

I should remind the hon. Member for Birmingham, Erdington (Jack Dromey), who speaks for the Opposition, of the Government’s commitment and focus. We introduced the second generation Schengen information system. It is not about a delay or deferral on the basis of political aspirations or focus, as he suggested. We have had to invest in and work through significant technical and other system issues with the relevant agencies at EU level. We have shown that focus for many years. We have ensured that investment to ensure that we can join the second generation Schengen information system from April and have the benefits of it. That is why we have focused on seeing that that happens.

Our ability to access information on overseas convictions is also significantly improving. Under this Government, checks on foreign nationals going through the criminal justice system have increased by more than 700%, including more than 72,000 since April 2014 by the Association of Chief Police Officers criminal records office. The figure in January alone was 11,745. With the increasing use of the European criminal records information system, those figures will continue to rise. In the last financial year, checks were made on around 30% of foreign nationals arrested. We aim to double that to 60% by the end of this financial year. From November 2014, the Metropolitan Police Service has mandated 100% checks. By the end of January, the, ACPO criminal records office estimates that it was checking around 67% of foreign nationals arrested nationally.

[Sir Alan Duncan (Rutland and Melton) (Con)]

The House will be grateful to the Minister for his very thorough response, but I am sure he appreciates that he would not like to offend the will of the House by denying it the opportunity to debate the Bill that follows. May I invite him to consider the clock and allow a debate on Second Reading of the Fixed-Term Parliaments (Repeal) Bill, given that his reply has been both thorough and brilliant?

[James Brokenshire]

I recognise my right hon. Friend’s interest in further business of the House, should this debate allow it to be possible. I hope he understands that my hon. Friend the Member for Wellingborough has brought a significant issue before the House. For that reason, it is right that the Government give appropriate scrutiny and consideration on Second Reading, to determine whether the Bill should pass. Because of the complexities and issues at hand—and the steps that the Government have taken and the further steps that I would like us to take as a majority Conservative Government with a focus on dealing further with issues that arise from the European convention on human rights—I know that my hon. Friend the Member for Wellingborough would highlight and identify this point as a relevant issue in terms of the legal challenges that can be brought to try to prevent people from being removed. That is why we specifically dealt with the issue of article 8 in the Immigration Act 2014.