Abu Qatada (Deportation)

James Clappison Excerpts

Monday 8th July 2013 Commons Chamber

[Mrs May]

I thank the right hon. Lady for the references that she made to the success in deporting Abu Qatada, and for saying that the Labour Opposition will look very seriously at the proposals that we bring forward in the immigration Bill. The Opposition supported changes to the immigration rules in relation to the interpretation of article 8, and we were grateful to them for that. Sadly, a number of judges have not heard Parliament in the way that all of us hoped. I hope that we will have support on the immigration Bill, because I think these changes are important.

The right hon. Lady mentioned the administrative reasons for the lack of deportation, and issues around the speed with which these cases are dealt with in the courts. My right hon. Friend the Secretary of State for Justice is looking at that issue, because we all want to make sure that we can deal with these cases properly—with people having proper rights of appeal, so that we can ensure that their case is heard—but can deport people rather more quickly.

The right hon. Lady then sadly spent quite a bit of her response on the Human Rights Act, my views on it, and what might happen in the future in relation to it. I make two points in response. First, what she fails to appreciate is the concern that Government Members have about the role of Parliament in setting laws that operate in the United Kingdom. That is one of the issues that we are looking at in relation to the European Court and its ability to deal with cases that are taken through the courts in the UK. Secondly, she rather churlishly suggested that nothing happened when we chaired the Council of Europe. A considerable amount of work was put in by the former Justice Secretary, the Attorney-General and others, and it led to the Brighton declaration, which is bringing about change in the way in which the European Court operates, so that is another success for this Government, who took that opportunity to make some changes.

My final point is very simple. Members of the public cannot understand why, under the human rights laws that we currently operate, somebody who is a threat to this country is able to remain in it, year after year, without being deported. Frankly, if the right hon. Lady cannot understand that, she simply does not get it, and will not get an opportunity to be on the Government side of the House.

[Mr James Clappison (Hertsmere) (Con)]

I warmly welcome my right hon. Friend’s statement and congratulate her and her team on their steadfastness, including in the face of criticism from Opposition Front Benchers in the past. Does she agree that, in the field of human rights, now is the time for a re-examination of the balance between microscopic and extended examination of an individual’s human rights, and the safety and security of the constituents who send us to this place?

[Mrs May]

My hon. Friend has absolutely put his finger on the problem, which is that in all these cases we are asked to look forensically at the human rights of an individual, but there is no opportunity to balance that with the danger that an individual poses to others in society. There is no opportunity to take into account that balance of the human rights arguments. It is exactly that sort of issue that we need to address.

Oral Answers to Questions

James Clappison Excerpts

Monday 11th February 2013 Commons Chamber

[Mr Browne]

The crime survey for England and Wales began in 1981, when I was at primary school, and we now have the lowest reported crime in England and Wales since the survey began 32 years ago. I am proud of that record, and I am surprised that the hon. Gentleman does not share my pride.

[Mr James Clappison (Hertsmere) (Con)]

Have Ministers seen the estimate from Migration Watch of 50,000 people migrating from Bulgaria and Romania? It has a good track record in these matters. May we have the earliest possible announcement of concrete results from the ministerial group on ease of access to benefits?

[Mr Harper]

I have indeed seen that forecast, but, as I said, I do not think that the Government engaging in speculative forecasts is helpful; what is helpful is our carrying on the work of the committee I am chairing on access to public services and benefits to ensure that we are not a soft touch. I am sure that my hon. Friend will support us in that valuable work.

Ibrahim Magag

James Clappison Excerpts

Tuesday 8th January 2013 Commons Chamber

[Mr Speaker]

Order. To maximise the number of participants in these exchanges, I appeal to right hon. and hon. Members to ask single short supplementary questions and, of course, to the Home Secretary to provide us with her characteristically pithy replies.

[Mr James Clappison (Hertsmere) (Con)]

Since the previous Government introduced the Human Rights Act 1998, it has been more difficult, has it not, to strike the right balance between the rights of terrorists and the proportionate protection of society from the threat they present? Should we not be thinking about the long- term future of the Human Rights Act, notwithstanding the support it has from Opposition Members?

[Mrs May]

My hon. Friend tempts me down a road that, if I were to travel down it, would probably necessitate a rather longer response than the pithy answer you have requested of me, Mr. Speaker. I can tell him, however, that the Government are looking at the Human Rights Act, and that the Commission on a Bill of Rights is considering what legislative support we should have in relation to human rights.

Oral Answers to Questions

James Clappison Excerpts

Monday 19th November 2012 Commons Chamber

[Mr Harper]

I really do not think that the hon. Lady is right. We have a cap on skilled migration, but we have not come anywhere near it. We have a clear system for businesses being able to bring in skilled workers. If she has specific examples from businesses in her constituency, I would be delighted to meet the people involved so that I can set out clearly what our policies are, and if there are genuine issues, I will absolutely look at them.

[Mr James Clappison (Hertsmere) (Con)]

Will my hon. Friend give me an assurance that all changes will be properly announced? In particular, I should like an assurance that there will be no repeat of what happened from 1997 onwards, when there was a massive increase in the number of work visas granted to non-EU workers, without proper announcement, and the implementation of a de facto open-door immigration policy—even though it sounds very much as though the Opposition would like to do the same thing again.

[Mr Harper]

I can give my hon. Friend that assurance. We want to ensure that we have firm but fair immigration controls, and that we have a cap on immigration, not least so that businesses can give British workers a proper opportunity to get into employment. If there are skill shortages, they can be dealt with. Our university sector is protected. We have sensible policies that have been announced to the House, and I am very happy to defend them.

London Metropolitan University

James Clappison Excerpts

Monday 3rd September 2012 Commons Chamber

[Damian Green]

The hon. Gentleman asks for some figures, so let me give him some from the samples considered by UKBA. Some 101 students whose visas had already been refused were selected. Of those who had no right to be in this country studying, 25% were studying at London Metropolitan university. A wider sample was taken of two separate random groups of 300 students—600 students. More than 60% of students were involved in one or other of the problems that I identified in my answer to the hon. Gentleman’s original question. It was not a small, isolated number of students; the sampling showed significant systemic problems throughout. The hon. Gentleman appeals for all the students concerned to be allowed to carry on studying in this country, but he cannot seriously believe that someone who has no right to be here, is not educationally qualified and does not speak English to a level that enables them to benefit from a university course in this country, should be allowed to stay in this country.

The hon. Gentleman’s second main point was that the situation damages the university sector as a whole. What damages the university sector as a whole is when individual institutions do not meet their proper obligations under the immigration rules. For years, what has damaged confidence in the immigration system is that those rules have not been properly enforced. This Government are determined properly to enforce the rules set down by the House.

[Mr James Clappison (Hertsmere) (Con)]

Has my hon. Friend had the opportunity of seeing the voluminous evidence produced in various reports by the Home Affairs Committee on the abuse of student status in the immigration system? Given the circumstances that have now arisen, would it not have been unacceptable if the Government had ignored that breach of immigration control and sought to take no action? My hon. Friend has taken an entirely appropriate course.

[Damian Green]

I am grateful for the support of my hon. Friend and, more widely, of the Home Affairs Committee. For some time, it has urged me and my predecessors in the previous Government to ensure that proper action is taken against those who abuse the student visa system. We have already taken extremely effective action against the bogus colleges referred to by the hon. Member for Islington North (Jeremy Corbyn) in his initial question, and over 500 fewer institutions are able to bring in foreign students as a result of the tough and proper requirements that we have placed on those colleges. If the rules apply to the private sector, they must apply to the public sector as well. Universities must obey the rules just as much as private colleges.

Olympics (Security)

James Clappison Excerpts

Monday 16th July 2012 Commons Chamber

[Mrs May]

The right hon. Gentleman fails to appreciate the fact that it was at a stage fairly close to the beginning of the Olympic games that G4S began to schedule staff to particular venue security duties. It was when it began doing so that it discovered that it had a problem with the numbers. That is what G4S has absolutely made clear. I repeat to the right hon. Gentleman what I have just said: in fact, we have accredited over 20,000 G4S personnel. The issue was getting staff to the venue security task, and it was right that G4S came to us at the point that it did and said that it was not going to be able to fulfil the personnel numbers, which is why we have asked for the contingency from the military.

[Mr James Clappison (Hertsmere) (Con)]

So that we can see the full picture, will my right hon. Friend tell us exactly when in the preparations for the games that it was decided that the contract for security would be between LOCOG and G4S, and what was the ministerial input at the time into that decision?

[Mrs May]

The decision that the contract would be between LOCOG and a private sector contractor was taken under the previous Government, and I am not party to the discussions that took place.

Olympics (Security)

James Clappison Excerpts

Thursday 12th July 2012 Commons Chamber

[Mrs May]

I thank the right hon. Gentleman for his support for the Government’s decision. It is absolutely right that, at this stage, when what may be a gap has opened up, we act quickly to ensure that any gap will be filled.

The right hon. Gentleman asks about my remarks in the House on Monday, and about when the gap in the numbers from G4S was crystallised. We were receiving reassurances from G4S until very recently, and the absolute gap in numbers was crystallised finally only yesterday.

Because we have been monitoring the situation, we had had discussions with the MOD about whether troops would be available for the contingency, should the circumstances have arisen in which that was necessary, and that is why yesterday we were able to take that decision, having prudently had those discussions and made those contingency arrangements.

As I said in my response to this urgent question, we have been monitoring: monitoring has been taking place throughout the contract process; and we have obviously been testing and challenging the assurances that we have been receiving from G4S.

It is the case that some troops who are now within that 3,500 number will be from abroad, and some will have returned from recent operations.

The right hon. Gentleman asked about penalties for G4S. LOCOG signed the contract with G4S, and I understand that there are penalties within that contract. It will be for LOCOG to deal with that matter with G4S. He said that the Prime Minister had been forced to cancel the Olympic security board meeting this week, but the Prime Minister was not forced to do that.

What is absolutely essential is that when the Government identified that a need was there, we acted to ensure that we covered that requirement so that we can ensure that we have the venue security and general security for the games that we all want.

[Mr James Clappison (Hertsmere) (Con)]

I welcome the decisive action that my right hon. Friend has taken in safeguarding security for the Olympics. I particularly welcome what she said about the armed forces; the country would appreciate it if the powers that be were as generous as possible to members of the armed forces and their families in respect of receiving tickets and hospitality for the Olympic games.

On the further, separate point about G4S that the right hon. Member for Leicester East (Keith Vaz) has just chosen to make, is it not the case that G4S received large-scale contracts from the Government and was considered fit to receive such contracts before May 2010, for example?

[Mrs May]

My hon. Friend is absolutely right on that point. On his earlier point about generosity to the armed forces, I should say that the Secretary of State for Defence has taken that very seriously. He has been ensuring that we will be generous to those who are taking on the responsibility. As I outlined in my remarks, a number of arrangements are being made to cover that, particularly if members of the armed forces have personal arrangements, to make sure that they are not out of pocket and that they will get the leave to which they are entitled.

European Convention on Human Rights

James Clappison Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mrs May]

I am a little surprised that the hon. Gentleman stands up to question why Parliament is debating something, as he has usually been keen for Parliament to debate more than it does. The point of this is that clearly—I shall deal with this later—there has been a request from the judiciary that Parliament should make its views clear on this issue, so that they can take that into account when examining cases. It is entirely reasonable that Parliament should give its voice on this matter.

[Mr James Clappison (Hertsmere) (Con)]

I warmly welcome the Home Secretary’s approach. On this question of Parliament’s view, is it not important that when the courts are striking a balance between family rights and the article concerned, and “serious offences” by foreign offenders, it is right that they should know what Parliament regards as “serious offences” for these purposes?

[Mrs May]

My hon. Friend has put his finger on the point exactly. When the courts are looking at that, they should know what Parliament’s view is, and that is exactly what we are trying to ensure today.

--- Later in debate ---

[Yvette Cooper]

It was the Labour Government who introduced the UK Borders Act 2007, which provided for the automatic deportation of foreign criminals. The number of deportations of foreign criminals increased substantially from 2005 until the election in 2010, after which the number fell significantly. I therefore say to the hon. Gentleman that his Government bear some responsibility for the action that is being taken. More needs to be done in practice to deport foreign criminals, as opposed simply to discussions of the motion today.

[Mr Clappison]

If the right hon. Lady is proceeding down that track, perhaps she will remind the House how many prisoners were found not to have been considered for deportation in 2006, let alone have their article 8 rights taken into account. Will she confirm that the figure was just over 1,000?

[Yvette Cooper]

It is interesting that the hon. Gentleman has mentioned the figure of 1,000. The number of foreign criminals being deported each year trebled between 2005 and 2009 to more than 5,000. In the most recent financial year, the number of foreign criminals being deported from this country fell by 1,000 compared with the previous year. The UK Border Agency has raised a series of concerns about how individual cases are being dealt with and the problems with travel documentation. Those are effectively administrative concerns. Some 1,000 cases are not being dealt with, not as a result of article 8, but because of serious problems with administration at the UK Border Agency. I think that that is serious, and I hope that he does too.

[Mr Clappison]

rose—

[Yvette Cooper]

I will give way to the hon. Gentleman one more time.

[Mr Clappison]

Is the right hon. Lady telling us that the Home Secretary of the day, Charles Clarke, who was an honourable man, resigned because he presided over such a glorious success?

[Yvette Cooper]

As the hon. Gentleman will know, as a result of the problems over foreign criminals, a series of actions and measures were taken that increased the number of foreign criminals being deported. The problem for the Government is that the actions that they have taken seem to have reduced the number of foreign criminals being deported by more than 1,000 a year—a drop of nearly 20% in 12 months. That means that foreign criminals who should be deported are staying in this country and in the community. The UK Border Agency is not deporting them because of the chaos and fiasco within it.

Oral Answers to Questions

James Clappison Excerpts

Monday 21st May 2012 Commons Chamber

[Damian Green]

I am happy to assure the hon. Gentleman that we have already introduced more staff at peak times and established mobile teams that can be moved around. Within a couple of weeks, a new control room will be operating at Heathrow, which will enable us to have better real-time information about what is happening in each of the terminals. We are already seeing considerable improvements. If the hon. Gentleman does not want to take that from me, he should take it from Colin Matthews, the chief executive of BAA, who said at the Home Affairs Select Committee last week:

“we can detect some improvement in the last week or so since that announcement was made.”

[Mr James Clappison (Hertsmere) (Con)]

Will the Government take a look at the case for restoring the discretion of immigration officers in countries of origin—a discretion that was undermined by the previous Government, who made it all too easy for the wrong people to enter the country?

[Damian Green]

Yes, I am happy to give my hon. Friend the assurance not only that we will do that, but that we already are doing it. We have instituted a pilot scheme for extended interviewing in some countries, showing significant positive results in ensuring that people cannot get on a plane to this country if they do not have the right to do so.

Abu Qatada

James Clappison Excerpts

Thursday 19th April 2012 Commons Chamber

[Mrs May]

I am grateful to the right hon. Gentleman for sharing with us his experience of when he was Home Secretary. The Government are clear about when the deadline was, but as I also made clear earlier, this is a judgment that will be made by the panel of the Grand Chamber, which is the final arbiter of what the deadline was. Indeed, it is open to the judges on the Grand Chamber to decide that even if the deadline has been passed, they will accept a referral under their discretion. They will decide whether they accept that.

The right hon. Gentleman’s final point is absolutely valid. I of course take responsibility for decisions that I have taken. This is not a question of what officials have done; I take full responsibility.

[Mr James Clappison (Hertsmere) (Con)]

Should we not put this into some sort of context? Mr Abu Qatada was first arrested in 2002, and was then released and re-arrested on two separate occasions over an eight-year period. His case has been the subject of multiple appeals to courts in this country under the European convention on human rights, which the previous Government incorporated into British law in 1998, amidst great fanfare, and which is very much at the root of these problems.

[Mrs May]

My hon. Friend is right to bring us back to the core issue at stake. The fact is that, for the past 11 years, this country has been trying to deport Abu Qatada to Jordan. As far as I, the Government, the British public and, I hope, the whole House are concerned, that is what should happen to him. On Tuesday, when the Government had their first opportunity to take action to resume that deportation, that is exactly what we did.