Immigration Controls

Jim Shannon Excerpts

Tuesday 22nd October 2013 Westminster Hall

[Priti Patel]

My hon. Friend is absolutely right. As I touched on earlier, immigrants are entrepreneurs and business people, and immigration touches on the skills agenda—another issue we could debate for a long time. Where people make a positive contribution, we should find the best routes—the right routes—to make them welcome and support them in visa applications and so on. We must be proactive on that front, but we can only do that and change the system in their favour once we have tackled the catalogue of problems, some of which I have highlighted.

The devastation left by the Labour Government was so great that we cannot overestimate the challenges faced by the Government and the Minister. Repairing the damage will no doubt take a long time. Labour’s legacy can still be seen across the country. I am sure that many hon. and right hon. Members see cases in their constituencies involving immigrants who have been deemed to have no right to remain in the UK, but, quite wrongly, pursue every legal avenue to remain here. In my constituency, there have been cases of immigrants who have outstayed their welcome. Such cases demonstrate the systemic failures of the controls put in place under the previous Government. I could reel off many cases, but I have a couple that I would like to highlight.

One lady from the Philippines was granted permission to enter the country in 2006 on a 48-month work permit to work in a care home. Since then, her husband, family and children, who have gone to local schools, have all come over. Once the visa expired and she was asked to leave, little action was taken, so the family remain in the UK. Last summer, the case was brought to my attention and an appeal to remain in the UK was rejected. To avoid deportation, the family lodged a further application to remain in the UK on human rights grounds in January this year, which was refused in June. The case is now going on and on. In July, they lodged another appeal, which is still pending. If that appeal is rejected, the family may undertake another appeal and prolong the process even more. Surely that cannot be right.

Another case in my constituency that has been ongoing for years involves a family from Nigeria who are here without any right to remain. They were informed that they should leave the UK two years ago, but they, too, embarked on a series of applications and appeals. Such actions are all about delay and prolonging the process for people who have no right whatever to remain in the country. That undermines public confidence in the immigration system. A stop must be put to repeated applications and appeals.

I welcome the measures in the Immigration Bill to limit the number of appeals that immigrants make. I urge the Minister to look at ways of going further in speeding up cases—the issue is the efficiency and effectiveness with which cases are determined—so that those who are deemed to have no right to remain in the UK can be removed without delay. Once someone has lost their case or appeal, unless there are genuinely exceptional circumstances, there is no reason why they should not leave voluntarily or be deported, if that has to be done, within a couple of weeks. They should certainly not be here for a prolonged period. That would obviously restore public confidence in the system and send a powerful signal to those who have abused the system. It would send a message that Britain is not a soft touch and will take tough action.

I also welcome the approach that will be taken to deporting foreign criminals before their appeals are held. I ask the Minister to consider extending that approach to other persons staying in the UK illegally and involved in repeat applications and appeals. An aspect of immigration controls that greatly concerns my constituents and the wider public is the way foreign offenders, prisoners and terrorists are able to remain in the country, despite the overt threat they pose to public safety and national security. The Abu Qatada case is symbolic of the wider problem with immigration controls and human rights laws: judicial activism and judgments from Europe that, frankly, undermine this country. We should be able to remove the likes of Aso Mohammed Ibrahim, who killed a 12-year-old girl, and serial Somali criminals Abdisamad Adow Sufi and Abdiaziz Ibrahim Elmi, without the courts and human rights laws interfering and our courts being lectured on what we should be doing.

Killers, sex offenders, violent criminals, persistent offenders and supporters of terrorists should face the automatic expectation of deportation. They should not expect to be protected by the ridiculous interpretations of human rights laws that the European Court of Human Rights, and sometimes even our own courts, provides. We should have a prison-to-plane approach, whereby foreign national offenders who have served custodial sentences are removed. When they leave prison, they should be taken to an airport and deported at the earliest opportunity. My constituents and the British public would feel greatly reassured if they knew that such dangerous criminals were not able to set foot again in our country and their communities. I welcome the fact that the Government are taking the matter seriously; that is shown in the way that they are initiating deportation proceedings sooner. As a result, the average time taken to remove a foreign national offender following the completion of a custodial sentence was lowered to 77 days in 2011. We still have 11,000 foreign national offenders in our prisons and thousands more who avoid custodial sentences.

The Minister knows of my concern about the fact that more than 3,100 foreign nationals who are subject to deportation orders are still in the country. Shockingly, that includes 2,300 people who have been on the list for more than a year, 25 of whom have been here for more than 10 years. Every day, hard-working British taxpayers are left to pick up the hefty bill for legal costs and other expenses for those individuals. We must put an end to it, and if that means going further on the Human Rights Act, reforming the European convention on human rights and taking unilateral action to defend parliamentary sovereignty from European judicial activism, my constituents and the British public would expect nothing less from a Conservative Government acting in the national interest.

I urge the Minister and his colleagues in the Ministry of Justice to look at ways to deport European prisoners to their countries to serve their sentences. As he is aware, the Council of Europe convention on the transfer of sentenced persons enables European national prisoners to be deported to serve their sentences in the country of their nationality, but unfortunately, it is a voluntary agreement. There are 4,000 or so European national prisoners in our jails, but only 138 applications were received in 2011, with 127 being referred to other jurisdictions for consideration. The numbers being deported under the convention are too small. In 2007, 111 prisoners were deported, but that number is declining and has since dropped, meaning that not even 1% of European national prisoners serve their sentences in their own countries. Slightly more than 1,000 foreign national offenders from the European economic area were deported in 2011. I hope that the Minister will make that issue a priority in his discussions in Europe and seek to secure the deportation of more European national offenders.

The final aspect of immigration controls I shall raise relates to immigration from Europe. The free movement of goods and peoples is an important principle of the European Union, but the unrestricted access given to European nationals has added significantly to our population and the strain on public services. Of the 2.7 million residents in this country who were born in other EU countries, 1.1 million are estimated to have been born in those countries that joined the EU since 2004. In 2003, more than 500,000 nationals from other EU countries and 50,000 from countries about to join in 2004 were employed in the UK. By 2011, that number more than doubled to 1.29 million, which included more than 700,000 nationals from the 2004 intake of member states and more than 500,000 from the pre-2004 accession.

On top of that, there are an estimated 600,000 economically inactive EU nationals in the UK, many of whom will be accessing public services and benefits. This morning, I read that one person in 25 claiming jobseeker’s allowance is an EU immigrant, so the pressure on the public purse and public services is clearly enormous. Meanwhile, child benefit is being paid in respect of 40,000 children living in other European countries.

It cannot be right that our country faces an uphill battle, and legal action with Europe, to reduce some of the benefits being paid to EU nationals. I encourage the Minister and the Government to consider how we can renegotiate the position with Europe to bring common sense and sanity to our immigration controls, so that they do not prevent the working of the free market but enable us to limit immigration, prevent abuses of free movement rights and remove those who should not be here and are pushing the boundaries by accessing benefits and public services.

I also press the Government to make greater use of the powers already available through the free movement directive to restrict the right of entry and the right of residence on the grounds of public policy, public security or public health. It is almost inevitable that we would be challenged by the European Commission for doing so, but there are many cases, especially involving European national criminals, where we must take a firm approach and give the public confidence.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for bringing this matter before the House for consideration. I apologise for not being here at the beginning of the debate; I had problems with the tube and was 45 minutes behind time. I understand that there is a top 10 list of countries that contribute to the crime rate in the United Kingdom. Not all of them are European; they are: Poland, Romania, Lithuania, Nigeria, India, Jamaica, Somalia, Portugal, Pakistan, and our neighbour, Ireland. Does she feel that the Minister should focus on those top 10? If we can deal with the top 10, we will deal with the majority of the crime rate.

[Priti Patel]

I thank the hon. Gentleman for his timely intervention. I was about to come to that list. It is right that we start focusing. There has been too much generalisation in the past, so we need a focus on some countries.

I have urged the Minister to take firm action on European national criminals. I also urge him to consider the transitional controls on Romanian and Bulgarian immigrants. The transitional controls are due to expire at the end of this year. First, immigration is about sustainability, and Britain cannot sustain or cope with a large influx from eastern Europe. Secondly, criminal gangs are an issue that is well documented; the hon. Member for Strangford (Jim Shannon) read out the list of countries. In the last 10 days, we have seen reports of Romanian criminal gangs committing crimes. They are flying into some of our airports daily. The experience of the last decade has led the public to feel anxious about new waves of immigration. This is an opportunity for the Government to reassure the public and give confidence about the new accession countries.

It is almost inevitable that we will feel the impact of new countries’ accession to the free movement directive. The Minister knows as well as anyone that more action is needed to establish an immigration system that is finally fit for purpose and has public confidence. The Government are taking the right steps towards creating a system of controls that enables wealth creators and entrepreneurs—those who want to make a positive contribution—to come to our country, as well as tourists, whom we invite, while keeping out people who should not be here. Once the excellent new Immigration Bill has gone through Parliament, I trust he and his ministerial colleagues will continue to focus on strengthening our immigration controls and taking action to secure our borders. As I have stated throughout this debate, we must send out positive messages to those whom we should welcome to this country and, importantly, reassure hard-pressed British taxpayers that we are fixing the broken system. We should give the public confidence in the immigration system.

--- Later in debate ---

[Mr Harper]

I am sure they are wise to trust the right hon. Gentleman, but I have not noticed before in debates that because he is a Labour party spokesman, Labour Back Benchers did not believe it necessary to come along and contribute.

I want to spend some time responding to the points raised by my hon. Friends, but first I want to explain briefly why the issue is of great concern. My hon. Friends the Members for Witham and for Cities of London and Westminster (Mark Field) put their finger on it when they said that we inherited a shambles. The previous Government had let migration run out of control at more than 250,000 a year.

The asylum system was also out of control, and my hon Friend the Member for Cambridge (Dr Huppert) alluded to that. When we came to office, we inherited 450,000 cases that had not been concluded; my predecessor, my right hon. Friend the Member for Ashford (Damian Green), did a sterling job in sorting that out and driving the number down. The hon. Gentleman is right in saying that we have not completed that work; we are still working through some very old cases. We know from the work of the chief inspector of borders and immigration that there was a period from 2007, under the previous Government, when, when there were queues, checks were not carried out, to manage the length of the queues. That does not happen now. We have an operating mandate: everyone who arrives at an airport is checked.

The right hon. Member for Delyn mentioned the one mistake that I believe the Labour party has acknowledged. The lack of transitional controls on accession countries in 2004, which my hon. Friend the Member for Cities of London and Westminster mentioned, was a huge mistake and is part of the reason that immigration is an issue. Parts of the country saw significant and fast growth in the number of migrants, which put public services under pressure. However, the right hon. Gentleman did not mention something that the Labour party skips over. During its period in office, the number of people coming from outside the EU was twice as high as the number from inside the EU. Yes, the Labour Government made a mistake with transitional controls for EU migrants, but what they do not talk about is the fact that twice as many came from outside the EU and there were no legal constraints from EU rules. They let that run out of control.

My hon. Friend the Member for Cities of London and Westminster talked about the importance of welcoming people who contribute. That is absolutely right. Ministers are always clear, although this is not always reflected in what is reported, about achieving a balance. We want the best and the brightest to come to Britain and we want people to contribute. The Queen’s Speech referred to an immigration Bill and it was clear that it would have two purposes. One was to attract those who wanted to come and to contribute, and the other was to deter those who did not. We must get both parts of that story right; I will touch on the detail in a moment.

My hon. Friends the Members for Cities of London and Westminster and for Witham talked about issues with EU nationals and where we need to tighten up on those who abuse free movement, particularly when there is criminality. There are some real issues of criminality in the constituency of my hon. Friend the Member for Cities of London and Westminster. Immigration enforcement officers are working closely with his local authority and the Metropolitan police to deal with those involved in what we tend to call low-level criminality, but which has a real impact on UK nationals and visitors who want to come and spend money in our country. We have taken significant steps.

The real issue with EU nationals is that although we can remove them from the country and we have had some successful operations—for example, we removed a significant number of Romanian nationals from Hendon— they can come back. My hon. Friend the Member for Cities of London and Westminster should be aware that we are looking closely at the legal scope to take a tougher approach, and I hope that he will welcome that.

My hon. Friend should also be aware that because of pressure from the Home Secretary at EU level, we finally got the message home. At the Justice and Home Affairs Council on 7 and 8 October, the Commission accepted for the first time that there is an issue with abuse of free movement rights. Commissioner Reding stated that free movement is a fundamental achievement, with which I agree, but the Commission also noted that free movement rights are weakened by abuse and that it would support member states to use existing EU tools—including sanctions such as expulsion and re-entry bans in certain circumstances, with the appropriate safeguards—to fight such abuse. That is very welcome.

The Home Secretary raised those issues with the Commission and with colleagues from Germany, Austria and the Netherlands, and we have started to build a sense that there is a problem to solve. If we solve that problem and the problems of abuse, we will strengthen the benefits of free movement across the EU, from which many British citizens benefit, and make Britain a more attractive home for inward investment. I can give my hon. Friends the Members for Witham and for Cities of London and Westminster some comfort that we are addressing that situation.

My hon. Friend the Member for Cities of London and Westminster will also be familiar with Operation Nexus, on which we are working with the Metropolitan police to identify foreign nationals at the point of arrest and to consider where we have immigration powers that may be used alongside criminal justice interventions to remove people from the country who should not be here and who are potentially involved in criminality.

[Jim Shannon]

Operation Nexus is a campaign run by Scotland Yard, which I understand has indicated that it is seeking more resources so that it can do its job better. I understand that Scotland Yard is seeking resources from Europe, too. Have those resources been allocated? If so, are they allocated from Government funds or through European funding?

[Mr Harper]

On resources—I mean to present this in a balanced way—it is not surprising that about a third of criminals in London are foreign nationals, but that is not a hysterical point; it is understandable, because broadly a third of the population of London are foreign nationals. The Metropolitan police’s core job of addressing criminality involves dealing with a significant number of foreign national criminals. The number is not disproportionate; the proportion is about what would be expected, given that there are significant numbers of foreign nationals in London. The tools we are able to give to the Metropolitan police, working with our immigration enforcement officers, means that it can do that job more effectively. We have seen significant success, and we have started to roll out those resources in the west midlands, for example, and increasingly in other police forces across the United Kingdom. I think that will be helpful.

The Home Office is also leading work with the Ministry of Justice and the Foreign and Commonwealth Office to address foreign national offenders. We have 16 priority countries—not 10, as my hon. Friend the Member for Strangford (Jim Shannon) said—including two EU member states, Portugal and Romania, which we are supporting in the use of the EU prisoner transfer agreement. We are working closely with colleagues in Romania to consider the effectiveness of Romanian criminals arrested in the UK being able to serve their sentences in Romanian prisons.

As the right hon. Member for Delyn said, we are working closely with the Nigerian Government. That work is not just the agreement, in which he rightly said that the previous Government had a role; the agreement had to be translated into Nigerian law, which has now been done. We have just signed a compulsory prisoner transfer agreement with Albania.

[Jim Shannon]

Will the Minister give way?

[Mr Harper]

If my hon. Friend will forgive me, I want to address some of the points raised earlier in the debate.

My hon. Friend the Member for Cities of London and Westminster talked about the importance of being open for business, and I draw his attention to an excellent one-page guide circulated yesterday by the right hon. Member for Birkenhead (Mr Field) and my right hon. Friend the Member for Mid Sussex (Nicholas Soames), who ran the all-party group on balanced migration. The document is an excellent quick guide showing some important statistics on Britain being open for business, the number of business visitors and how easy it is to get a job here after university.

My hon. Friend the Member for Cities of London and Westminster is right that there are issues, although, largely, they are not issues of perception, but that does not mean they are not important. Of course, part of the job that the Chancellor and the Mayor of London were doing last week in China was to ensure that perceptions catch up with reality. For example, in China the average time for a business visitor to get a visa to Britain is some eight days, and we are looking to make that even faster for high-value visitors. I am not pretending that there are no real issues on the business side, because there are, but, certainly for overseas visitors, we have seen very strong growth.

There are many perception issues, which is why we have to be clear about what we are doing. I regularly meet universities and businesses, and I have met the City of London corporation. We are incrementally improving the system, and my hon. Friend is absolutely right that that is important for Britain.

My hon. Friend is also right to draw attention to health issues and the pressure on St Mary’s hospital, Paddington, in his constituency. He will have seen today that the Health Secretary has published a significant independent audit, which has been peer-reviewed and shows that the NHS is failing to recover some £500 million of income that it should be getting from the foreign nationals that it treats. Frankly, I find it extraordinary that the Labour party, or at least its health spokesman—I do not know whether he talked to the right hon. Member for Delyn—has said that it will not support our proposals on that. I do not know whether that is connected to the Unite union’s opposition to those health proposals. In fact, Unite has said that health workers should not collect money from foreign migrants. I do not know whether Unite is setting Labour’s policy, but that statement is extraordinary. We have a national health service, not an international health service. We are not talking about not treating people, which is one of Unite’s scare stories; it is about charging people who have no right to free treatment.

If my right hon. Friend the Health Secretary and I go to another European country, that country is much better at charging the UK for our health treatment; we are not very good at charging for such treatment. If we went to another country, we would be expected to use private health care. In some countries we would not get health treatment before paying for it. In the UK, though, we are talking about never withholding urgent treatment but ensuring that people pay for it, which is fair to taxpayers. I look forward both to the changes that we are making in the Immigration Bill and to my right hon. Friend’s proposals for charging overseas visitors and being more effective at recovering the money.

I will forgive the right hon. Member for Delyn because he has been in his job for only 10 days, but he should be aware that the Government who stopped fingerprinting clandestines at Calais were the Government of whom he was a member. That change took place in January 2010, which, as far as I can tell from looking at the calendar, was prior to the general election. Perhaps he should check. We will consider whether that is still correct and whether we could improve the process.

In her comprehensive speech, my hon. Friend the Member for Witham referred to ways of improving how we deal with cases. She is right, and several Members have touched on there being in-country issues in the United Kingdom when assessing cases, which is why my right hon. Friend the Home Secretary broke up the UK Border Agency. We now have a UK visas and immigration operation that has a real focus on customer service for people who are paying for visas and coming to the United Kingdom to work hard, study and contribute. We want to give them good customer service. We are not there yet, but we have significantly improved on the backlogs that we saw in 2012-13. We are trying to improve both the overseas performance we deliver and the performance in-country.

I will continue meeting universities, as I did with my hon. Friend the Member for Cambridge—I had an excellent meeting with his university. We have taken some of those meetings forward. I meet the Russell Group, and I meet other top-quality universities in Britain to address their real issues, so that we can continue to increase the number of university students who come to Britain while ensuring that those institutions that are selling not education but immigration permits, which my hon. Friend the Member for Cities of London and Westminster talked about, are put out of business and cannot abuse the immigration system.

My hon. Friend the Member for Witham talked about people who make lots of claims and delay things, and she is right. I fundamentally believe that we should offer asylum to those who are genuinely fleeing persecution, but if the system is to work and to command public confidence, the flip side is that those whom we find do not need our protection—and where an independent judge agrees that they do not need our protection—should return to their country of origin. We should not have to spend thousands and thousands of pounds of taxpayers’ money detaining those people and enforcing their removal. Everyone who abuses our system in such a way is damaging the interests of genuine refugees, to whom I want Britain to give a warm welcome and to enable them to rebuild their lives. [Interruption.] With the greatest respect, this debate was called by my hon. Friend the Member for Witham and I am trying to cover all the important points.

The Immigration Bill will streamline the immigration process and ensure that for foreign national offenders, if we can, we will have non-suspensive appeals so that, as long as they do not face irreversible harm overseas, we can deport them first and hear their appeal afterwards. In many cases, I suspect that will mean that we never hear the appeal, because my hon. Friend and I both know that the appeal is a mechanism to delay their removal from the United Kingdom.

We have had a comprehensive debate that is perhaps a warm-up for the Second Reading of the Immigration Bill, which I look forward to.

Border Force

Jim Shannon Excerpts

Wednesday 4th September 2013 Commons Chamber

[Mr Harper]

I am grateful for my hon. Friend’s comments. As I have said, it is a bit rich listening to the Labour party moan about all the things that it left us and we are fixing—that constant refrain applies across all Departments. May I say, in answer to a previous question, that the second generation of the Schengen information sharing system will be online, under the current plan, at the end of October 2014? That will very much improve our ability to deal with criminals from elsewhere in the European Union.

[Jim Shannon (Strangford) (DUP)]

Cigarette smuggling through the airports in Northern Ireland is excessive; there is also some indication of paramilitary involvement. Border Force staff have told me that, if there were more staff, they could combat the issue clearly at the airports. What steps will the Minister take to ensure that extra staff are made available in Northern Ireland to take on this issue?

[Mr Harper]

Obviously, we look at the intelligence available to us, particularly on freight. I am well aware of the potential paramilitary implications in Northern Ireland of cross-border smuggling and the fact that organised crime may be funded in this way. So we look at that information on organised crime. We have also created the National Crime Agency, albeit with restrictions on its actions in Northern Ireland in the criminal justice sphere. In the border field, however, the border policing command, the improved intelligence that we get and the increased ability to combat crime will be helpful in combating both the crimes the hon. Gentleman has mentioned and others that cross our borders.

Alcohol Strategy Consultation

Jim Shannon Excerpts

Wednesday 17th July 2013 Commons Chamber

[Mr Browne]

My hon. Friend makes an important point and does so very well. I merely add that the position of Opposition Front Benchers who are shouting at me throughout this statement is, in effect, that they think that money should be taken from their poorest constituents and put towards the profits of supermarkets. That is an unusual position for Labour Members to take.

[Jim Shannon (Strangford) (DUP)]

In the debate on the Loyal Address, I asked the Prime Minister a question in which I referred to a minimum price for alcohol. In his response he said:

“On minimum pricing for alcohol, it is important that we take action to deal with deeply discounted alcohol”.—[Official Report, 8 May 2013; Vol. 563, c. 24.]

The Prime Minister gave a commitment then, but unfortunately what we have today is selective unit price reduction. As alcoholism rises among young people with great vigour, as it has in the past, what steps will the Minister take, with Health Ministers, to initiate a strategy to address alcoholism among young people?

[Mr Browne]

We are working across Government to tackle the harms caused by alcohol. I have described many of those actions in my statement and in response to questions. The Prime Minister specifically said that we must deal with the problem of 20p or 25p cans of lager being available in supermarkets. In dealing with that today, we are taking the type of action that many Members will approve of.

Proposed Europol Regulation

Jim Shannon Excerpts

Monday 15th July 2013 Commons Chamber

[James Brokenshire]

With the leave of the House, Mr Speaker, may I thank right hon. and hon. Members for their contributions in this short debate? Let me be clear that our recommendation in the motion is about participation in a future measure governing Europol; it has no impact on our current participation in Europol, which does benefit our law enforcement agencies. That point was made by everyone who has contributed to this debate: the Chair of the Select Committee, the right hon. Member for Leicester East (Keith Vaz); and my hon. Friends the Members for Stroud (Neil Carmichael), for Cambridge (Dr Huppert), for Northampton North (Michael Ellis) and for Cheltenham (Martin Horwood). That highlights the issues at hand in respect of the benefits that accrue from our current relationship.

I underline the fact that nothing that the Government have proposed reduces our commitment to tackle cross-border crime. However, we cannot risk the operational independence of our law enforcement agencies, and we need to ensure appropriate safeguards within the text so that that does not happen. I say very clearly to right hon. and hon. Members that we will play an active role in negotiations to ensure that we achieve our negotiating aims, which will allow us to opt in post-adoption. In response to the challenge from the right hon. Member for Leicester East, we consider that it is possible to achieve key negotiating objectives, even when we have not opted into a proposal before the negotiations. We have already done that on a number of measures, and we are clear about the influence that can be applied, and that is precisely what we will do. As I said, we consulted a number of our operational colleagues across the UK when considering the proposal. They all agree about the value of Europol as it currently operates, but not at any cost.

[Jim Shannon (Strangford) (DUP)]

rose—

[James Brokenshire]

The hon. Gentleman was not here at the beginning of the debate, so he may not have heard what I said.

[Jim Shannon]

In Northern Ireland, we face a particular threat from dissident republicans. What assurance can the Minister give me as the MP for Strangford that we will not lose the ability, through Europol, to address the threat of terrorism at home and globally, because dissident republicans have contacts in other countries?

[James Brokenshire]

If the hon. Gentleman had been here to hear my opening speech, he would know that we have discussed our approach with the Police Service of Northern Ireland as well as other operational partners across the UK. While we are not seeking to opt in at this stage, we wish to negotiate and seek to influence so that we are in a position to opt in post-adoption, with the red lines.

The hon. Gentleman should accept that the information- sharing provisions in the EU document could put our national security at risk by virtue of the fact that we would not be able to control the information provided to Europol, which is precisely why we have sought to take this approach, with national security in mind. The law enforcement community shares our concerns about the risks that would be posed if we were directly tasked by Europol to undertake operations or to provide increased amounts of information to it without the necessary safeguards.

It is not the case that as a result of the approach that we have taken we have given up our seat at the table. We shall continue to play a full part in negotiations, attending the discussions and working with member states that share our concerns to seek to deliver a text that we can rejoin. Ultimately, this is a political decision for the Government, with appropriate scrutiny from Parliament. That is why we will consult and listen to the views of our law enforcement partners across the UK, but ultimately this a decision for Government and Parliament, which is why the motion is framed in this way.

Opting in at this stage poses too great a risk to our security and the autonomy of our law enforcement agencies, but once the text has been negotiated we intend to opt in if we secure the changes set out in the motion, and we will consult Parliament before doing so. Our position on the proposal is sensible and pragmatic, reflecting the need for effective co-operation and the importance of protecting our sovereignty and security. I urge the House to support the Government motion.

Question put, That the amendment be made.

Treaty on the Functioning of the EU

Jim Shannon Excerpts

Tuesday 9th July 2013 Commons Chamber

[Mrs May]

I thank my hon. Friend, who is absolutely right, and I recognise the concerns that he and other Members have raised about the European Court of Justice. Of course, it is not just another member state that has to abide by the implications of the Metock judgment; we all have to abide by them. There has been an increase in sham marriages following that judgment—it related to the rights of those married to EU nationals—and we now have to deal with that issue. One of the reasons we have considered these measures very carefully is the question of the operation of the European Court of Justice. As I have said, however, the measures that we wish to rejoin are those that will be of benefit and I believe that they are in our national interest.

[Jim Shannon (Strangford) (DUP)]

I, too, thank the Home Secretary for her statement. The Abu Qatada situation is very much in the news and is a good reason why we cannot subscribe to European regulations. Does the Secretary of State share my concern and that of many other Members that opting into some of the EU crime measures may give scope for some people to play the system and for more European interference in national security, which cannot be tolerated?

Stop and Search

Jim Shannon Excerpts

Tuesday 2nd July 2013 Commons Chamber

[Mrs May]

My hon. Friend raises an interesting point. We will make sure that knowledge of the consultation is as widespread as possible to enable all those who may have a great interest in responding to do so. The example that he referred to in Lancashire, of the work being done with the local community, is a good example—and there are others across the country—where police have actively tried to work with the community to explain the purpose of stop and search so that communities become more responsive to it and more willing to accept it when it takes place.

[Jim Shannon (Strangford) (DUP)]

I, too, thank the Secretary of State for her statement. Every time I come to Westminster the news records yet another vicious knife attack, and often a fatal attack. Many people feel that stop and search is a necessity and must continue. The Secretary of State mentioned that 3,212 criminals were stopped and found with weapons, and many people in the community feel that that should continue. Will she give an assurance to those who wish to see stop and search continue that that will happen?

[Mrs May]

Yes, I am absolutely clear that stop and search, when used properly, is a vital tool for the police and it is right that it should continue. As I said in my statement, as long as I am Home Secretary it will continue. But when we see half a million stops and searches in the Metropolitan police area and an arrest-to-search ratio of 9%, with 45,000 criminals being arrested as a result—the numbers for the Metropolitan police in terms of arrests have been increasing and the number of stops and searches reducing—it is right that we ask whether it is always used as appropriately as it should be. However, it should stay as a tool.

Anti-Social Behaviour, Crime and Policing Bill

Jim Shannon Excerpts

Monday 10th June 2013 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

I welcome the fact that we have had a wide-ranging debate. There have been some significant and moving contributions from Members on both sides of the House. There has been a great deal of consensus on some aspects of the Bill. As my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and, on behalf of the Home Affairs Committee, my right hon. Friend the Member for Leicester East (Keith Vaz) have said, there is much in the Bill that the Opposition support, which leads us not to oppose its Second Reading. There are many issues on which we find a good resonance with the Government’s proposals, in what I accept is a Christmas tree Bill. It has many important aspects that will have our support.

I fully support the new criminal offence of possessing a firearm with intent to supply. In my last few months as the policing Minister, I visited the firearms centre in the west midlands and was lobbied hard on that very issue. A gun can turn up in offence after offence because it is for hire. We want to consider some further issues concerning domestic violence and owning a firearm, but we will accept and support that measure.

We support provisions on the new College of Policing. Like my right hon. Friend the Member for Leicester East, we want to look at governance, composition and diversity, but in principle we support the power to issue regulations. I will also seek to scrutinise in detail the pay and negotiation proposals, but in principle we will give them a fair wind, and test some of the issues in Committee.

It will come as no surprise that we support extending the powers of the Independent Police Complaints Commission to oversight of private staff employed by police forces. My right hon. Friend the shadow Secretary of State raised that issue before the Bill was published, and we will want to consider constructively in Committee how to respond to IPCC recommendations and its role.

The measures on forced marriage have cross-party support. I was pleased to hear the hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) give his voluble support to those proposals. The law should be strengthened to build on the work done to stop forced marriage, and we will build on positive measures by the previous Government, although I accept that there are issues that can be reflected on now, which will help to ensure that we have fairness and protection of individuals while still respecting traditions in our communities.

We will certainly support measures giving immigration officers stop-and-search powers, which I think is reasonable, particularly given the nature of terrorism that we have at the moment. We support the principle of community remedy under clause 93, but again we will want to test that to a good degree in Committee. We strongly believe that restorative justice and community resolutions should be used when dealing with antisocial behaviour, but we need greater clarity about what that means, not just a list of actions that authorities could take, which the Bill gives at the moment. We need more definition. I hope that we can explore those issues constructively in Committee.

I am also pleased to look at the powers of police community support officers. I pay tribute to the hon. Member for North East Cambridgeshire (Stephen Barclay) for his constructive and helpful remarks. He—dare I say it—reached out to Opposition Members with his support for previous policies. For that I am grateful, because it does not happen all that often. We will certainly look at those issues constructively and work with him, if he happens to be a member of the Public Bill Committee, to look at how we can form a consensus.

We will examine the clauses on victims’ services. We do not want to vote against them at this stage, but we have concerns about their fragmentation through commissioning by police commissioners and want to know what the relationship will be with national commissioning. We will test those concerns accordingly in Committee, as we will for the witness protection measures in clause 134, which were mentioned and supported by my hon. Friend the Member for Clwyd South (Susan Elan Jones). They seem to be sensible measures that deal with some wider issues.

A number of issues raised in the debate will be looked at closely in Committee. I was particularly impressed by the remarks the hon. Member for Keighley (Kris Hopkins) made on sexual exploitation, and indeed by the Home Secretary’s generous intervention, when she said that she would look at discussing in Committee the role of hotels and guest houses. Again, we will have an opportunity to test that. The points made by the hon. Member for Chatham and Aylesford (Tracey Crouch) on bullying were well made, and the cross-party discussions we have had tonight show that there is a potential consensus on really scrutinising those matters in Committee.

Early intervention, which was mentioned by the hon. Members for Cambridge (Dr Huppert) and for South Northamptonshire (Andrea Leadsom), is extremely important. If there are constructive suggestions, the Opposition will look at them, because we recognised when in government that early intervention is key to preventing future poor behaviour. That support can be mirrored in a number of ways, and that is what we will do.

My hon. Friend the Member for Blackpool South (Mr Marsden) mentioned knife possession and the experience in Blackpool. I had some sympathy with the hon. Member for Witham (Priti Patel) when she mentioned Travellers, litter and responsibility. That has had an impact in my constituency, which is a tourist area, and we will happily look at that in Committee.

There remain two main areas where there was the potential for consensus, but not necessarily with Government Front Benchers. The first relates to the question of how we deal with legislation on dogs and dog control issues. The RSPCA, ACPO, the CWU, Battersea Dogs and Cats Home, the Dogs Trust and the Environment, Food and Rural Affairs Committee, under the chairmanship of the hon. Member for Thirsk and Malton (Miss McIntosh), have all suggested that the measures in the Bill are not sufficient for meeting the challenges of the problem.

[Jim Shannon (Strangford) (DUP)]

The shadow Minister will be well aware of Northern Ireland’s dangerous dogs legislation, which is referred to as five-star because of the steps that have been taken. Does he feel that it is perhaps not too late for the Government to consider that legislation as the method for trying to control dogs here in England, by making the Bill more specific, rather than generic, as it is now?

[Mr Hanson]

I thank the hon. Gentleman for that intervention. The model in Northern Ireland could certainly be considered, as it has much merit.

I think that the Minister needs to reflect on the matter, because as the hon. and learned Member for Sleaford and North Hykeham said, he will face some challenges in Committee on those issues. The RSPCA, the CWU, Battersea Dogs and Cats Home, the Dogs Trust and the Environment, Food and Rural Affairs Committee have all raised concerns and suggested that we need to look at some further matters, so I think that the Minister needs to come to Committee prepared to deal with those concerns. I say that not least because of the cases we have heard about today. My hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) mentioned John Paul Massey and the recent case of Clifford Clarke. My hon. Friend the Member for Bolton West (Julie Hilling) mentioned the death of Jade Lomas Anderson. Last week I had the privilege of meeting her determined parents with my right hon. Friend the Member for Normanton, Pontefract and Castleford.

My hon. Friend the Member for Ogmore (Huw Irranca-Davies), who over many months and years has given much time to this issue, raised dog control notices. When the RSPCA says that

“This is a missed opportunity and we cannot understand why the Government has ignored the majority of the public, politicians and organisations”,

we clearly have an issue to which we should return. Not one voice from the Government or Opposition Back Benches opposed those views during this debate. In February, the EFRA Committee said that the proposals were “woefully inadequate”. I am sorry that the Government produced this Bill prior to receiving the Committee’s comments.

During our discussions today, a powerful case has been made for considering measures on dangerous dogs. The Bill is far too weak on this immensely serious issue. For example, local authorities would be allowed to prevent dogs from entering a playground but could not ban them from streets and shopping areas. There are anomalies that we need to test and look at in detail. Dog control notices could ensure muzzling of dogs in places which the public access, the neutering of dogs, and the owner and dog having to attend and complete training courses. Battersea Dogs and Cats Home says:

“We are looking for the Government to introduce Dog Control Notices which will do more to provide for early intervention and prevention.”

I hope that the Government will listen to the voices across the Chamber that have asked for that.

The other big issue is antisocial behaviour orders. Opposition Members expressed the concern—I admit that it was potentially more partisan—that the lack of criminal sanction is an error that weakens the Government’s proposals and means that antisocial behaviour will not be tackled as effectively in future. We will test that in Committee and table amendments accordingly. My hon. Friend the Member for Blackpool South and other hon. Friends stressed that that lack of criminal sanction is key to the effectiveness or otherwise of antisocial behaviour orders. The community trigger may not be effective in this context. Three complainants are needed before a complaint will even begin to be taken seriously, and that needs further review. Coupled with that, we have cuts in the community safety budget, cuts in police numbers and, even after a heckle by the hon. Member for Cambridge, a lack of commitment to CCTV cameras to provide really good support to policing in our communities.. That shows that there is the potential for a weakening of powers.

Sadly, I will end on a partisan note. The weakening of the provisions on DNA, the reduction in CCTV, the reduction in police numbers and the cuts in the community safety budget show that this Government are not tackling crime, disorder and antisocial behaviour in a way that will increase confidence within our communities.

Abu Qatada

Jim Shannon Excerpts

Wednesday 24th April 2013 Commons Chamber

[Mrs May]

While it is a view widely propounded that other countries find it easier to deport people, that view is not always based on as much fact as those who put it forward would like us to believe. It is important for us to shorten the deportation process. The steps we are looking at in relation to removing layers of appeal will both ensure that people have access to justice, which is important, and that we shorten the process so that we can deport people who are a danger to us rather more quickly than we have been able to do so far.

[Jim Shannon (Strangford) (DUP)]

I thank the Home Secretary for her statement. Her frustration is shared by all in the Chamber. In legal circles and in some of today’s press, it is stated that it may be necessary to suspend human rights legislation for six months to enable the deportation to happen. Can she confirm that that strategy is being considered as an option to ensure that the deportation of Abu Qatada can be completed?

[Mrs May]

In relation to the deportation of Abu Qatada, we are pursuing the twin track that I set out to the House. As I said, an important step has been taken with the signing of the wider-ranging mutual legal assistance agreement, but we retain the intention to appeal directly to the Supreme Court, and we are seeking leave to do so. We are developing that twin track. The relationship between the Human Rights Act, the European Court and the European convention and the views of the UK and the Government is a wider issue and it is right that we look at all the options.

UK Border Agency

Jim Shannon Excerpts

Tuesday 26th March 2013 Commons Chamber

[Mrs May]

I thank my hon. Friend for raising that in the House, as she has done with me directly. We certainly intend to ensure that the service provides a premium service for business people and others who may need to come here on a faster basis. Indeed, we are setting up in India the first super-premium service, which will provide a 24-hour visa service for individuals who need it.

[Jim Shannon (Strangford) (DUP)]

I thank the Home Secretary for her statement. One of the biggest complaints in my office about the UK Border Agency is the processing of visas and passports, which often takes up to 12 months. Staff are always helpful, and we appreciate that, but what assurance can she give to my constituents, who are totally frustrated with the delays that they face?

[Mrs May]

I am very conscious that this is one of the issues that we have needed to address in relation to the processing of applications. Particular concerns have been raised with us about the length of time that it has been taking to process business applications for tier 2 workers to come to the UK. That is currently being dealt with inside UKBA. I believe that having a clearer focus on that part of the business, but also working overtime to improve the IT systems and processes within it, will lead to the sort of outcome to which the hon. Gentleman refers.

Crime and Courts Bill [Lords]

Jim Shannon Excerpts

Wednesday 13th March 2013 Commons Chamber

[Mr Burrowes]

Both new clause 18 and amendment 120 concern sentences for driving over the prescribed limits for drugs and alcohol and both seek to fill a gap in sentencing. There are 220 traffic cases each year in which individuals die on our roads owing to a driver who has been impaired through drink or drugs.

On the subject of filling gaps, I pay tribute to the Government for filling the gap in drug-driving offences. The new offence will not require proof of impairment. Owing to the imminent arrival of roadside drugalysers, it will become an offence that sits alongside drink-driving. It will be possible to rely on proof that someone is over the prescribed limit, whether for alcohol or drugs, rather than relying solely on proof of impairment.

Here I must declare an interest as a criminal defence solicitor. I must confess that I recall many prosecutions that did not succeed because of ambiguities and complexities relating to proof of impairment. The filling of that gap might not have been welcome to some of my clients of old, but it will be welcome to victims of offences of this kind, and it will be welcome to those who believe that it is in the public interest to ensure that drink and drug-driving offences are prosecuted properly.

However, I am also concerned about another gap. The purpose of new clause 18 and amendment 120 is to draw attention to it, and to ensure that, in one way or another, we fill it. Without the new clause, the maximum custodial sentence for driving after consuming excess alcohol, or indeed drugs over the prescribed limit, will still be six months’ imprisonment. Statute has properly provided that, if carelessness or dangerousness is proved, greater penalties will follow. The last Conservative Government recognised the need to ensure that drivers who caused death while under the influence of drugs or drink should be more heavily penalised. We now have on the statute book the offence of death caused by careless driving while the driver is under the influence of drugs or alcohol, which attracts a maximum sentence of 14 years.

In 2011, the number of drivers tried for causing death by careless driving while under the influence of drink or drugs was 27, and the number of those convicted was zero. Rather than relying on the good work of the last Conservative Government, we need to ensure that it is followed through in practice. When it comes to the sad and tragic cases of people who die as a result of the actions of drivers, particularly drivers who are under the influence of drink or drugs, there must be a penalty that exceeds the fairly minimum penalty of a six-month sentence.

[Jim Shannon (Strangford) (DUP)]

I believe that in Northern Ireland there are already rules, regulations and laws that address this issue specifically. There has also been a campaign aimed at dealing with drink and drugs. Does the hon. Gentleman think that it might help the Government to contact the Department of Justice in Northern Ireland, where policing and justice are a devolved matter? Might they learn something about how these matters can be handled?

[Mr Burrowes]

The amendments are intended to enable the Government to conduct a proactive review, which should, indeed, involve looking at what happens on the opposite shore. We all want to tackle the profound consequences of death caused by drivers under the influence, and ensure that they receive the appropriate penalty.