Deportation of Foreign National Offenders

Debate between James Gray and Michael Tomlinson

Wednesday 7th February 2024 Westminster Hall

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

It is a great pleasure to serve under your chairmanship, Mr Gray. I pay tribute to my good friend, my hon. Friend the Member for Redditch (Rachel Maclean), for the way in which she conducts herself in this place and for the passion and common sense that she brought to this debate. This debate is topical and timely, and I pay tribute to her for her foresight in applying for it—many weeks ago, I am sure, yet the time is right. It is probably one of those debates where more time would be helpful. The British public rightly expect our immigration system to work for them. We serve the public and our constituents, and that includes having a firm approach to those who abuse our generosity.

Let me address some of the points that were made by the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Redditch. It is right that we as a country have a long and proud tradition of welcoming the stranger, of welcoming those who are in need, to our shores, but it is only fair that we ask for something simple in response, which is that they play by our rules and are law-abiding. I do not hesitate to say that fairness is at the heart of this debate. The Government are absolutely clear that foreign nationals who seek to take advantage of our generosity or abuse our hospitality by committing crimes should be deported.

Let me turn to the legal framework that underpins this, because that might answer one or two of my hon. Friend’s points. Essentially, two systems—two statutes—are used. The first is the UK Borders Act 2007, where a deportation order must be considered when a foreign national has been convicted of an offence and received a custodial sentence of more than 12 months. She mentioned the threshold of 12 months. There is a system under the Immigration Act 1971 whereby, if someone is sentenced to below 12 months, they can also be deported when it is conducive to the public good. We cannot go into the details of that now, but it is interesting to note that there is no definition of that and therefore there is great flexibility, as my right hon. Friend the Member for Witham (Priti Patel) knows. Suitable discretion is given to the Home Secretary in those circumstances.

As this debate has shown, however, circumstances arise where people seek to prevent deportation. There are some good reasons for that: for example, an offender might need to stay here to face the consequences of a court case. I was grateful to my right hon. Friend, the former Home Secretary, for majoring on the victims of crime, who are absolutely at the heart of this issue. That is why it is right that some foreign national offenders stay here for the first part of their sentence at least. But it is also right to say that there are legal challenges, late appeals and re-documentation barriers intended to frustrate the deportation process.

My right hon. Friend the Member for Middlesbrough South and East Cleveland (Sir Simon Clarke) tempts me to go down the ECHR line and to address that. It is right to say that we have international obligations under not just the ECHR, but the refugee convention, and that because of those obligations, some deportations have not been able to take place. However, the Government are determined to do everything we can to ensure that foreign criminals are deported, making our communities safer. Perhaps there will be another time when we can debate the niceties of articles 8 and 3 in more detail.

Let me come to the statistics, which my hon. Friend the Member for Redditch mentioned. We removed more than 16,500 foreign national offenders between January 2019 and September 2023. There was a dip, and she is right to challenge me on that point. It was not just because of covid but, at about that time, there was a dip. She will be pleased to know—as will you, Mr Gray, and others in the Chamber—that, since then, the returns of FNOs have been increasing. They went up by 19% in the past 12 months. That is a good start, but I am determined to take her point seriously and to take that further.

The hon. Member for Strangford asked me whether this is a priority of the Government. Yes, it is, and he will hopefully be reassured in that regard by the increase of 19% in the past 12 months. He and others may also be reassured to hear what we have done in the past two years. My right hon. Friend the Member for Witham will know better than most about the Nationality and Borders Act, although my hon. Friend the Member for Redditch knows it well. Legislation was introduced to increase the relevant period to ensure that we can remove more foreign national offenders, and do so earlier. That is good for the taxpayer and in regard to the space in our prison estate, and it is fairer to society.

It is also right to say that the Nationalities and Borders Act was opposed by Labour. The Labour party so often opposes—every single measure that is brought in to tighten our borders is opposed by Labour. I will come back to that point and others that the hon. Member for Aberavon (Stephen Kinnock) made. The measures under that Act were taken to make it easier and quicker to remove foreign offenders. We have also increased the number of caseworkers. My right hon. Friend the Member for Witham will know how important that is to make sure that we can carve through the numbers and prioritise those we need to remove.

Let me come back to the infamous letter of February 2020 that so many right hon. and hon. Members mentioned. When the shadow Minister stood up and attempted to criticise the Government for the robust actions that they have been taking in this regard, in his wide-ranging speech—it ranged far beyond what one might consider to be the strict and narrow confines of this particular debate—he exposed the fact that Labour have voted time and again against every single measure that the Government have introduced to strengthen our borders. And not only that; the Leader of the Opposition signed a letter calling for criminals and foreign offenders not to be deported.

My right hon. Friend the Member for Witham will also know about another such instance. In December 2020, another charter flight to Jamaica was due to remove murderers and those convicted of attempted rape, burglaries and the supply of class A drugs. Despite lobbying, campaigns and pressure to make sure that the flight did not leave, it did leave safely. It is with some cheek, dare I say it, that the shadow Minister stands up and complains about the Conservative Government’s actions, when the leader of his party is signing letters asking for foreign national offenders to stay in this country.

I thank my hon. Friend the Member for Redditch for bringing this matter to the Chamber’s attention. I encourage her to repeat her attempt: may we have another debate on this subject, because it is so timely? We perhaps need more time and more opportunities for others to contribute. I will sum up this debate by saying that this is a matter of fairness. Foreign nationals who abuse our hospitality and commit crimes in our country will be caught, they will be punished, and, where appropriate, they will be removed.

[James Gray (in the Chair)]

If Rachel Maclean wishes to do so, she has one minute to wind up.

Foreign Direct Investment 2016-17

Debate between James Gray and Michael Tomlinson

Tuesday 12th September 2017 Westminster Hall

[James Gray (in the Chair)]

Order. The hon. Gentleman is a very experienced Member and he knows very well that that intervention was too long. The previous intervention was from a new Member, the hon. Member for Stirling (Stephen Kerr), and he can be excused both for its being rather lengthy and for reading it, which is not something one would normally expect. I remind Members that interventions should be short, and they should be direct questions, not mini-speeches.

[Michael Tomlinson]

Thank you for that reminder, Mr Gray. I am grateful to the hon. Member for Huddersfield (Mr Sheerman) for his intervention. Last night was a late night and we can anticipate that tonight will be a late finish as well, but this is an important debate and I am very grateful that he is here in the Chamber this morning.

The hon. Gentleman is right—I am a glass-half-full, optimistic kind of person. However, we must not take a rose-tinted view, and I will say later that we should anticipate where there will be bumps in the road ahead. It is right that we do that, but where FDI is still happening in this country—even though the doomsayers said that it would not happen—that is a good early sign. Nevertheless, he is right that we have to look out for bumps ahead, and I will talk about the south-west region in particular.

Amazon is creating 450 new high-tech jobs in the UK, in addition to the 5,000 Amazon jobs that are already here. That is a real demonstration that Amazon and other companies believe that this is a good country in which to do business. I do not know whether you are on Snapchat yourself, Mr Gray—

[James Gray (in the Chair)]

Of course.

[Michael Tomlinson]

If you are, perhaps we should all get on to Snapchat. It has opened its new global hub right here in London, which again shows that it believes in this country in a post-Brexit world. There may well be bumps ahead, but let us look at the facts and the evidence of what has happened so far, while also being cautious about the future.

Having looked at the general picture, let me give some specific details of FDI. The latest report on inward investment results from the Department for International Trade, which is from 2016-17, showed that there were more than 2,260 inward investment projects in the UK. The good news is that that is up by 2% on the previous year and the investments secured over 75,000 new jobs, which is a huge number. However, there is one reason to be cautious, on which I specifically challenge the Minister. We are told that the jobs figure is down by 9% from 2015-16, so I invite him to explain why that is. Obviously the number of projects being invested in is still rising, but why are the jobs figures not quite as high as before? Of course I welcome the jobs that are being created and retained; in the south-west region alone, there have been nearly 3,500 new jobs and I very much welcome them.

Let me turn to the specific regional figures. As one would expect, London and the south-east is the region of the UK that attracts the most FDI. My hon. Friend the Member for Stirling (Stephen Kerr) mentioned Scotland, which receives the next largest amount of FDI. Again, that shows the strength of the whole United Kingdom, which is good for our United Kingdom. However, I challenge the Minister specifically about the south-west, my own region—other speakers will no doubt champion their own region. Although I welcome the 3,500 new jobs in the south-west, I invite the Minister to ensure that there is sufficient FDI in the regions outside London and the south-east.

--- Later in debate ---

[Michael Tomlinson]

I thank all hon. Members who took part in the debate. The hon. Member for Strangford (Jim Shannon) talked about his optimism and about strength and growth in Northern Ireland. My hon. Friend the Member for Richmond (Yorks) (Rishi Sunak) talked about his business background and what a good place this country is to do business in. He also set out some challenges and constructive suggestions as to how we can improve our productivity and attractiveness.

We heard some notes of caution from the hon. Members for Livingston (Hannah Bardell) and for Sefton Central (Bill Esterson), who both cited EY’s attractiveness survey. The hon. Gentleman did accept that it was a mixed picture but that there was some positivity there. I urge him to look to that positivity: the UK remains hugely successful in attracting FDI and has clear potential and opportunities to sustain that success in a post-Brexit world.

I am grateful to the Minister for his words, particularly in relation to my region, the south-west. My constituents will be reassured. My remaining challenge to him and his Department is to ensure that they look out for all the regions—as he said he would in his speech—and continue to do that as we go forward, forging new trade deals.

Question put and agreed to.

Resolved,

That this House has considered foreign direct investment into the UK in 2016-17.

[James Gray (in the Chair)]

Order. That very useful debate having concluded, and with the Minister and Member responsible for the next debate being in the Chamber, it may be convenient to continue without any gap.