Julian Huppert
Main Page: Julian Huppert (Liberal Democrat - Cambridge)Department Debates - View all Julian Huppert's debates with the Home Office
(10 years, 2 months ago)
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Mrs May
If the right hon. Gentleman will allow me, I shall set out why we thought it was necessary to table the new clause and how we have considered the matter. I accept that the Opposition have tabled manuscript amendments. While I wait to hear what he will say about them, if there are specific concerns, I will be willing to consider them and, if necessary, address them further in another place.
The new clause is a consequence of a specific case. The power to deprive on conducive grounds is such that even when I consider the first and arguably the most important part of the test to be met—that it would be conducive to the public good to deprive—I am still prevented from depriving a person of their citizenship if they would be left stateless as a result. That was the point explored in the Supreme Court case of al-Jedda.
Dr Julian Huppert (Cambridge) (LD)
Will the Home Secretary help me to understand what is being proposed? There is a question of British citizens overseas, to which the right hon. Member for Leicester East (Keith Vaz) referred, and another of what would happen to someone in the UK who was made stateless. What would such a person’s immigration status be, as there would be nowhere to remove them to? Would we not be trapping someone who was dangerous to this country in this country?
Mrs May
When I explain the circumstances in which it would be possible to remove somebody’s citizenship, I hope that my hon. Friend will realise that it would not necessarily be the case that an individual would be left stateless, because we are talking about a situation in which they would be able to acquire statehood from somewhere else.
Mrs May
I am grateful to my hon. Friend for putting the matter so succinctly and sensibly. This is about dealing with people whose behaviour is seriously prejudicial to the United Kingdom, and I would have thought that we all wanted to ensure that the Government had the appropriate powers to do that.
Dr Huppert
The Home Secretary is doing sterling work in taking interventions on new clause 18. May I thank her for coming to talk to Liberal Democrat colleagues about it? I understand what she is trying to achieve with it, but I still have a number of concerns. She places great reliance on the point that the people affected will be able to get another citizenship. Does she think it is likely that somebody who is in this country and has been deprived of citizenship will find it easy to go to another country and say, “Here is my background. Britain has just stripped me of citizenship. Could I have yours, please?” Or will we just find those people stuck in this country and unable to leave?
Mrs May
As I made absolutely clear, if somebody was in a position to acquire other citizenship, I would expect them to attempt to do so. As I indicated earlier, there may be circumstances in which somebody remains stateless, in which case our international obligations to those who are stateless would kick in, and we would abide by them.
Mrs May
My hon. Friend raises the important issue of people who may have trained and fought in Syria potentially coming back here radicalised and with the desire to do us harm. I am sure that is a matter of concern throughout the House. As I have indicated, I believe the power in question would be exercised in a limited number of cases, but it is important that the Government have it. As I have said, they had it until about 10 years ago, then the law was changed to reduce their ability to take action against those acting in a way that comes under the definition of “seriously prejudicial” to us. It is important that we have such a power, but I am not in a position to say to my hon. Friend that I will suddenly use it in a number of circumstances. The power will be used on a case-by-case basis, but, as I have indicated, I expect that it will be used in a very limited number of circumstances.
I will conclude my remarks on new clause 18 by stating again that it is consistent with our obligations under international law and, as I have said, it was a power we had for most of the past century. It is a carefully constructed measure designed to give effect to our declaration under the UN convention on the reduction of statelessness, but it goes no further. My officials, together with those from other relevant Departments and in consultation with our in-House legal advisers, conduct the research and provide a recommendation on each case, but these are decisions that I—or, on the rare occasions I am not available, another Secretary of State—will review and sign off personally. The persons subject to provisions in the new clause will continue to be afforded an independent right of appeal, retaining an avenue of judicial redress. This is not about arbitrarily depriving people of their citizenship; it is a targeted policy that will be used sparingly against very dangerous individuals who have brought such action upon themselves through terrorist-related acts. I urge the House to conclude that new clause 18 is a proportionate and necessary measure.
New clause 13 stands in the name of the right hon. Member for Delyn (Mr Hanson), and I will wait to hear what he says and respond to the issues he raises. New clause 15 has been tabled by my hon. Friend the Member for Esher and Walton (Mr Raab), and I will make a few comments about it. I respect the fact that he will speak about his own new clause, so at this point I will not go into all the detail but will simply set out a few points.
I think we are all agreed across the House—this is one of the things the Bill tries to do—that we want to enhance the ability of our country to deport foreign criminals from the United Kingdom where it is appropriate to do so. The Government have taken a simple position on article 8 of the European convention on human rights, which is that our judiciary have not been interpreting it in the way we believe it should be interpreted, because it is a qualified right in the European convention itself. Having changed the immigration rules, and that not having had the effect we desired, we are now putting it into primary legislation and ensuring that we clarify absolutely what the qualified interpretation of article 8 should be in relation to the Government’s ability to remove people from the United Kingdom. I believe that is an important change that the public, as well as Members of the House, would wish us to put through. It is right that the Government are taking this opportunity to include that measure in the Bill. We all have a shared desire to ensure that we enhance our ability to deport foreign criminals.
My hon. Friend the Member for Esher and Walton has tabled a new clause that would amend the Bill, but I think that some aspects of it would not strengthen our ability to deport foreign criminals, but could actually weaken it. Other aspects of the language he uses might indeed strengthen our proposals.
Dr Huppert
I thank the Home Secretary for giving way as there are many things to discuss in this group of amendments. Has she received any formal advice from the Attorney-General or her departmental lawyers that the new clause would be compatible with the European convention on human rights?
Mrs May
The advice I have received is that it is incompatible with the European convention on human rights. I am concerned with other aspects of the new clause because I believe that in a number of areas it weakens the Government’s proposals in relation to article 8. I am also concerned about the practical application of the new clause, because in reality I think we would effectively hinder our ability to deport people for a period of time because there would be considerable legal wrangling about the issue.
Mrs May
I am sorry, but I answered that question earlier. I said that I will respond to the comments that my hon. Friend the Member for Esher and Walton makes, and see whether he moves the new clause. I will make the Government’s position clear to the House. [Interruption.] I am sure the hon. Lady believes that debate in the House is important. I am therefore sure she agrees that listening to hon. Members is also important.
As I have said, the Bill puts in place stronger practical arrangements that will enable us to deport more foreign criminals, which all hon. Members want.
Dr Huppert
It looks like the Home Secretary is nearing a conclusion, but may I press her on amendment 74, which I have tabled, and which would write into law the Government’s achievement of ending child detention for immigration purposes? The Immigration Minister has said that he would come back to that. Will the Home Secretary update the House on progress? Will the Government accept my amendment or come up with a better drafted version?
Mrs May
The Government accept the principle of my hon. Friend’s point. We propose to reinforce the commitment to end the detention of children for immigration purposes by putting key elements of the family returns process into primary legislation. That will involve providing a statutory prohibition on the detention of children within immigration removals centres, subject to the exceptions agreed in 2010, which continue to be Government policy; providing families with children a minimum of a 28-day reflection period following the exhaustion of appeal rights against a removal before their enforced removal; placing a statutory duty on the Secretary of State to appoint an independent family returns panel to advise on the best interests of the child in every case in which enforced return is proposed; and providing a separate legal basis for pre-departure accommodation independent of other immigration detention facilities. Our intention is to introduce those amendments in Committee in the House of Lords. I hope that covers my hon. Friend’s concerns on ending child detention for immigration purposes.
Mr Hanson
I have to say to my hon. Friend, with the greatest of reverence for his long service in Parliament, that the Minister for Immigration and I spent far too long in Committee on this matter through most of October and November, and we are doing so again today. There has been discussion and division on some of the measures in the Bill.
New clause 18 was published yesterday morning. The Immigration Law Practitioners Association sent a brief at 4 am today. That was the first opportunity it had to put down its views on this matter:
“The amendment on the order paper on 29 January 2014 and on that date we first had sight of the Government’s European Convention on Human Rights Memorandum pertaining to the clause. We do not attempt to address herein the complex questions of the present day effects of the UK’s declaration”,
and in the light of that it will have to look at the matter when it comes to another place. The ILPA may or may not have valid points, but we are 24 hours from passing a serious piece of legislation. We had a long period in Committee. The issues relating to the al-Jedda judgment of summer to autumn 2013, which the Home Secretary mentioned, have led to her introducing these measures. We will have to look at them in detail. This is not a good way to place such an important issue, which has the potential to impact on people’s liberty and citizenship.
Dr Huppert
The right hon. Gentleman is right that we discussed some of this at great length in Committee. I share his view that there should be more pre-legislative scrutiny. This Government have done more than previous Governments, but there is much more to do. I also share his concern about amendments and new clauses being tabled only two days ahead of time. Does that mean that he and his party will ensure that Opposition day motions are never tabled just a day before debates? That would make it easier for all of us to read them.
Mr Hanson
The hon. Gentleman politicises a point I am trying to make about process. He knows how Opposition motions are drawn up and he knows that they do not have the same impact as legislation. The proposed legislation will have the effect of depriving citizenship. If an Opposition motion is voted on and defeated one thing will happen: there will be political noise about an issue. This is about the deprivation of someone’s citizenship. We may, ultimately, make the judgment to support the Government, but this is an important point about process that I think we need to make.
Mr Hanson
I will do so, but I say to the right hon. Gentleman, with whom I have served on Committees and whom I greatly respect, that I have had just over half an hour. The Home Secretary, for a range of reasons, talked for one and a half hours. I am trying responsibly to set out the view of the official Opposition so that Members can form a judgment.
Dr Huppert
I am grateful to the right hon. Gentleman. Before he finishes, will he comment on my amendment 74 about writing into law the end of child detention? Does he share my pleasure that this will now happen and that it will stop any future Government doing what the last Government did and detaining over 7,000 children within five years, including for 190 days? Is he pleased about that change?
Mr Hanson
I do not share the hon. Gentleman’s judgment on most issues, but that could be looked at. My hon. Friend the Member for Croydon North (Mr Reed) attended discussions yesterday on this matter and we will look at those matters in detail.
We are not the Government today; we are the official Opposition, on behalf of whom I say that we have severe concerns about new clause 15 and about the process and potential implications of new clause 18, but we will reserve judgment on that. The issue of the removal of tribunals is one that we need to address and to delete from the Bill. We need to look at some of the other issues before we give the Home Secretary unqualified support.
After many weeks of discussion, we have an Immigration Bill on which the Government appear to me, as a simple Front Bencher, to be in chaos on some of the key issues on which they will be judged. We must judge the Home Secretary on what she says, but there are real issues that need to be resolved. I would welcome hearing from the hon. Member for Esher and Walton why he believes that his proposal will not breach the ECHR on these matters. With that, I conclude to ensure that hon. Members have an opportunity to contribute.
Mr Raab
I will make a little progress, but I will certainly come back to the hon. Gentleman.
The key difference between my proposals and part 2 of the Bill is that my proposals would deal with the problem. They do not require us to scrap the Human Rights Act or pull out of Europe. To the great chagrin of some of my colleagues, my proposals do not dip their toe into those totemic, polemical matters. They would not be struck down by UK judges, because they would be unequivocal primary legislation with overriding force. They are expressly within the terms of the Human Rights Act. That is spelled out in the memo to which the shadow Minister referred, if he reads it carefully.
We must be clear that incompatibility and illegality are two different things. It is clear that the UK courts would enforce the new clause that I am putting before the House. It is also clear from the most recent Home Office advice that I have received, to which hon. Members have also referred, that the new clause would not attract a rule 39 injunction from Strasbourg. That is because there would be no irreversible harm. It is extremely rare that Strasbourg would even consider a rule 39 injunction in such a case. The original memo that the shadow Minister cited referred to this matter, but the most recent memo from the Home Office team that has been sent to me, which is from November, is very clear:
“we do not expect interim measures under Rule 39 to be issued routinely, if at all.”
Of course, it is likely that if my new clause attracted a rule 39 injunction, the clauses in part 2 would be equally susceptible to such a challenge. That is the key point: the official advice from the Home Office is that such a challenge is very unlikely.
Mr Raab
I will not give way again, because I have been reasonably generous to the hon. Lady and I want to give other Members an opportunity to speak.
If we are honest, we know that any serious reform in this area risks being frowned on by the Strasbourg Court at some point in the future. The goalposts keep on shifting. That is how we got to this point in the first place. However, the same objection applies to the Bill. As the president of the Supreme Court and the former Lord Chief Justice, Lord Judge, have stated many times, the last word on the balance between human rights and public policy must remain with the UK courts and, ultimately, with elected and accountable law makers in Parliament.
There has been a lot of heady talk about human rights reform. Today, we have an opportunity to do something about it.
Mr Raab
I will not give way because I want to give other hon. Members a chance to speak. I am sure that the hon. Gentleman is one of those who will be queuing up.
New clause 15 and amendment 62 are practical, common-sense proposals that would protect the public, restore some common sense to our justice system and restore some trust outside this place. I commend them to the House.
Mr Robert Buckland (South Swindon) (Con)
In welcoming the underlying principles of the Bill, I think that it is important to remind the House that deportation is not a punishment in the legal sense. When somebody commits a criminal offence and is convicted, the punishment is the sentence. Deportation is a function of the Home Office and the UK Border Agency in exercising their powers in relation to nationality and the status of individuals within the country. It is important that we make that distinction, artificial though it may seem, to ensure that we have a deeper understanding of what deportation should be about. I make no apology for the fact that if people commit serious offences, consequences flow from that. When the offence is serious enough, the consequences should include deportation.
I welcome the UK Borders Act 2007, which was introduced by the previous Government. That Act changed the function of the criminal courts in the regime. Previously, a Crown court judge had to consider whether the continuing presence of an individual in the country was to the country’s detriment and make a recommendation on deportation. That was a cumbersome regime that did not lead to the results that the public wanted. Sensibly, the 2007 Act brought in the rule that deportation will be automatic for those who are sentenced to terms of imprisonment of longer than 12 months.
I support the clauses of the Bill that amend the 2007 Act to bring primary legislation into line with the immigration rules of 2012, which in my opinion have significantly reduced the margin of discretion that is open to judges, although it is possible to challenge the rules themselves, as we have seen. I think that those clauses will answer many of the legitimate questions that our constituents pose to us on the effectiveness of the deportation regime.
Let us not forget that, however many laws we pass and however much the debate rages over immigration law, the enforcement of that law is the most important thing in the eyes of the public. If the British public believe that our immigration system works, that wrongdoers are no longer in the country and that the deportation system is effective, faith will be restored. We cannot get away from that essential fact.
Of course, we are here to talk about legislation, so I will discuss new clause 15 and amendment 62, which were tabled by my hon. Friend the Member for Esher and Walton (Mr Raab). I know that he has taken great care in considering these issues and we have discussed them face-to-face many times. It is in a spirit of genuine concern that he has tabled new clause 15. However, there are serious questions that we have to ask about it. With respect to him, I think that he is in error when he suggests that the compatibility of the new clause with the convention would not be challenged. I think that it would be subject to such challenge, and I would go further and suggest that rule 39 would apply and that injunctive relief would be available. Let us imagine the consequences of that. If rule 39 injunctive relief were successfully obtained, that would gum up the works not just for one deportation but for thousands in the years to come.
Dr Huppert
The hon. Gentleman always stands up for the rule of law, and I entirely agree with him that the new clause would not be legal. Will he therefore join us in opposing it?
Mr Buckland
I think that the new clause is capable of achieving perfection, perhaps in the other place. As it stands, however, it does not work in terms of what it sets out to do. I am going to consider my position before deciding whether to abstain or to oppose it today.
I have looked carefully at the exceptions set out in section 33 of the UK Borders Act 2007, and at the discretion that the Home Secretary is given under the legislation. That discretion is based on a series of factual events such as the existence of hospital orders or other Mental Health Act dispositions. The exception proposed in new clause 11 gives a subjective discretion that does not sit well with the wording of the UK Borders Act. Once we opened the door to that kind of subjective discretion, what would be the difference between what the new clause hopes to achieve and the wording of the Bill in relation to the discretion that is to be given to the courts? In a nutshell, the Bill’s existing provisions, as amended, already do the job of dealing with serious offending and of making a proper distinction between offences for which sentences of more than four years’ imprisonment are imposed, and those for which under four years are imposed. There is a clear logic to the provisions, and the new clause is therefore unnecessary. It would create the risk of upsetting the entire apple cart when it comes to the important work of deporting serious criminals from our country.
Dr Huppert
It is a pleasure as ever to follow the Chair of the Select Committee. I welcome the comments of the Home Secretary on my amendment 74 on ending child detention. The Government were right to do it a few years ago and they are now absolutely right to write it into legislation. It was profoundly wrong that under the previous Government thousands upon thousands of children were detained purely for immigration purposes—7,075 children in five years, and not just for a day or so but in one case as long as 190 days. That was a disgrace to this country and I am delighted that the Government ended it and have made sure that, whatever the next Government and the one after that, they will not be able to reintroduce it. It was a great shame that the Labour Front-Bench team refused to be as pleased as I was that this had been written into law, and I look forward to the legislation in the Lords reflecting Government policy. That is excellent.
I listened carefully to what the Home Secretary said on statelessness. I thank her for coming to talk to me and many of my colleagues about it; we had many questions. I have a lot of sympathy with the problem that she faces. There are instances in which citizenship should be taken away, and one is where fraud has taken place. I have no problem with someone who has acquired British citizenship by fraud not being allowed to keep it. That is easy. There are then issues about dual nationals—again, that is an easier case—and mono nationals who are in the UK. I share the concerns of the right hon. Member for Leicester East (Keith Vaz) and many others about the problems of taking citizenship away from someone who is in this country. The Home Secretary hopes that they will be able to acquire citizenship of another country, and in some cases that may be possible, in which case they would not be stateless, but we cannot be sure.
It seems to me that the country that may be able to give someone citizenship may be less keen to do so when we have just ruled that they are a danger to this country. They would be far more reluctant in that situation. We would certainly be much less keen to grant citizenship to someone who had just been deprived of citizenship of another country. There is then the question of what happens to that person. The Home Office advice about people who are stateless is that they can have two and a half years leave to remain and can then apply for a further two and a half years, after which they get indefinite leave to remain. Are we saying that we will grant people indefinite leave to remain while they cannot leave the country? Do we really want people who are so dangerous, who have been involved in such awful gang behaviour, to be trapped inside this country? I find that deeply alarming.
I do not like the idea of creating two-tier citizenship. So while I respect what the Home Secretary is trying to do, I will not support the new clause; I will vote against it.
I will not talk in great detail about the other amendments that I and my hon. Friend the Member for Brent Central (Sarah Teather) tabled about the interests of children except to say that it is odd that, in a time of austerity when we are trying to save money, we still spend a huge amount detaining people for a long time who will not be able to get out of the country in the end. It is costing us millions and millions of pounds and it seems to me that this is a saving that the Home Office should be keen to make. I hope that it will.
In the last minutes remaining, let me turn to the new clause tabled by the hon. Member for Esher and Walton (Mr Raab), who spoke, as ever, extremely well. I agree with what the Home Secretary said about his new clause. It is clear that it would be illegal and would undermine what we are trying to achieve. She argued, and I see no reason to disagree, that it would weaken deportation. My hon. Friend spoke eloquently about it, saying that it was phenomenal how far it ran against the interests of children. It is not something that I or that Liberal Democrats can support. All of us will vote against the proposal. We will stand up for the Government’s original proposal on this issue whether or not other Government Members do. I hope that hon. Members such as the hon. and learned Member for Torridge and West Devon (Mr Cox) will persuade many of their colleagues to stand up for the Government on this issue and vote against the new clause. I hope that he will be joined by colleagues in the Labour party; I believe that they have now finally settled their position. I look forward to the new clause being comfortably defeated.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I am sorry, but both new clauses, which are Government new clauses, go together. If the hon. Gentleman wishes to vote against, he has to vote against them together.
Question put (single Question on new clauses moved by a Minister of the Crown), That new clauses 12 and 18 be added to the Bill.—(Mrs May.)
Dr Huppert
It has been an unusual debate. I am pleased that we have avoided too many of the more worrying amendments that might have crept in. We have managed not to have proposals that would contravene the European convention on human rights. I was disappointed that Conservative Ministers were not prepared to back their own Government legislation and the convention. I am proud that the Liberal Democrats stood up for Government policy in this area.
We did have a debate about citizenship deprivation. It is a great shame that the shadow Home Secretary and the vast majority of her colleagues simply sat on their hands on this important issue. I pay tribute to those Labour Members who rebelled with many of us to oppose that.
It is a shame that we did not have chance to discuss many other amendments. I wanted to explore further issues to do with students, the NHS charges and asylum support and helping some of the most destitute in our country. It is a great shame that we did not manage to get there.
I do not think that this Bill is the important thing about immigration. There is the rhetoric. The way that both the Conservatives and Labour seem to be following the UK Independence party drive is incredibly damaging in this country. We see that too much. That is not what we should have: we should be proud of the benefits of immigration. The important point is the Home Office and the Border Agency, as was, and their competence in making decisions promptly and correctly. The Minister has done some very good work on that but until it is sorted the public will not have the assurance they need. We need our exit checks and we need decisions to be made promptly and fairly so that everybody knows where they are.