Foreign National Offenders

Keith Vaz Excerpts

Tuesday 29th November 2016 Westminster Hall

[Mr Philip Hollobone (Kettering) (Con)]

I beg to move,

That this House has considered the return of foreign national offenders to prison in their own country.

I am grateful to you, Sir Alan, for your time in the Chair, to Mr Speaker for granting me permission to hold the debate, and to my constituents who have sent me here to articulate their concerns. I welcome other hon. Members to the debate, and declare myself open to as many interventions as they care to make.

My main contention is that there are too many foreign national offenders in prison in this country and that they should be in prison in their country of origin. I invite the Minister to update the House on the latest figures, first on the number of prisoners in our jails. I think it is something like 85,000, which basically means that our prisons are full to bursting. It is good that we catch people who do bad things and lock them up, but my understanding is that more than 10,000 of those 85,000—something like 12%—are foreign national offenders. At a time when our prisons are full to bursting, when we, by the Government’s own admission, do not have enough prison officers and when public expenditure is tight at best, it seems that we need to redouble our efforts to ensure that we send those foreign national offenders back to their own countries.

[Keith Vaz (Leicester East) (Lab)]

Will the hon. Gentleman give way?

[Mr Hollobone]

It would be an honour and a privilege to give way to the former Chairman of the Home Affairs Committee.

[Keith Vaz]

I congratulate the hon. Gentleman on securing the debate. Earlier today, the Minister gave evidence about this very issue to the Justice Committee and I asked him a question about it. Does the hon. Gentleman think it is inexcusable that there are 4,270-plus EU nationals in our prisons? If there is one group of prisoners we should return to their country of origin it is prisoners from EU countries, because they are costing the British taxpayer £169 million. Does the hon. Gentleman agree that it is essential, as part of the Brexit negotiations, that we get that problem sorted out once and for all?

[Mr Hollobone]

I do think we should get the situation sorted out once and for all. I pray in aid the excellent report by the right hon. Gentleman’s previous Committee, which looked into the issue. I quote, I think, from that report:

“The public would expect our membership of the EU to make it easier to deport European offenders, but this is clearly not the case, and we continue to keep thousands of these criminals at great and unnecessary expense.”

There is in place an EU prisoner transfer directive, which means that countries can compulsorily return prisoners to their country of origin within the European Union. The last time we managed to wheedle a figure out of Her Majesty’s Government on how many EU nationals we had returned to their country of origin, I think the number was 101—pathetically low. Legislation, in the form of that directive, exists with which to do that, but we are simply not getting on with it. Perhaps the Minister in his response will confirm how many EU nationals are in our prisons, how many we have returned to their country of origin, and why we are not sending thousands more of these individuals back.

I have to tell the House that, beside EU nationals, there are representatives of 160 nations from around the world in Her Majesty’s prisons. Not only are we a cosmopolitan society at large, we are also a cosmopolitan city in Her Majesty’s jails.

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[Simon Danczuk (Rochdale) (Ind)]

Will the hon. Gentleman give way?

[Keith Vaz]

Will the hon. Gentleman give way?

[Mr Hollobone]

I will be delighted to give way to both Members, but I feel I should give way to Rochdale first.

[Mr Hollobone]

That is a very sensible suggestion. I am not aware of all the details of the horrific crimes that that unpleasant gentleman has committed, but I do not see why British taxpayers should pay for him to be in prison—Pakistani taxpayers should. In fact, I would go further. I take the view that if a foreign national in this country commits a crime for which they are potentially imprisonable, they should be deported and banned from ever returning, whether they are in prison or not.

[Keith Vaz]

I felt that I had walked into an early edition of “Top of the Pops” when the hon. Gentleman did the countdown from 10 to one—I suppose that from his point of view it is “Bottom of the Pops”. In respect of that list, with one or two exceptions they are either EU or Commonwealth countries. We would expect, as far as the Commonwealth countries are concerned—Nigeria, Jamaica and the others—that Ministers would be able to elicit a better deal than the one they have. Only yesterday, the Polish Prime Minister was in the country. I asked the Minister this question earlier in the Justice Committee meeting. Should this issue not be the No. 1 concern when our Ministers are meeting the leaders of other countries? It would save the British taxpayer a lot of money and would enable those countries to imprison their own citizens. We would be happy to take back our prisoners who are in their countries.

[Mr Hollobone]

As always, the right hon. Gentleman makes an extremely good point. From the list of 10, four are EU countries and four are Commonwealth countries. He is absolutely right. I hope that in the Prime Minister’s discussions with the Polish Prime Minister yesterday, she raised the fact that Poland was top of the list of shame and asked the Poles what they were doing to take their citizens back. I understand that Poland has a derogation from the EU prisoner transfer directive until this month. I hope that the Minister will get on to his Polish counterpart at the end of the month to say that we look forward to triggering the proposals that have become live.

Those top 10 nations account for 5,617 prisoners, but we have imported—I am afraid this is absolute truth—a wave of crime from eastern Europe with the accession of eastern European countries to the European Union. Poland has 951 of its citizens in our jails. In 2002, before Polish membership of the European Union, there were 45 Poles in prison in this country. I urge the Minister to get on with it, but I also urge him to speak to his counterpart in the Department for International Development. My list of shame of 10 countries could be cross-checked with the 28 countries that receive large amounts of aid from DFID. Indeed, I asked a few years ago how much aid we give in total to Jamaica, Pakistan, Nigeria, Somalia, India and Bangladesh, and the answer in that year was almost £1 billion, yet those six countries provide us with almost 3,000 foreign national offenders. It costs us more than £100 million a year to incarcerate those people in our jails, yet we are giving those countries £1 billion in international aid assistance.

I think we should do more things such as those we are doing in Jamaica, where we are using international aid money to build a prison to which we can return its nationals. That is a sensible use of the international aid budget. In Jamaica, we signed an agreement in 2015 to build a 1,500-bed prison. It will be built with British taxpayers’ money, and Jamaican nationals in prison in this country will go back to prison in Jamaica as soon as it is completed. Will the Minister urge DFID to look for similar arrangements in the other five countries that I mentioned?

Perhaps more worrying than those foreign national offenders in prison is the very large number of foreign national offenders who are in this country, but not in prison. Alarmingly, it takes the Home Office 149 days on average to deport a foreign national offender. That is simply too slow. The latest figures I have are for March this year. They show a total of 5,895 foreign national offenders living in the community awaiting deportation. These dangerous people are not even in prison. They are free to go about their business on our streets. Of that 5,895 FNOs, 84% have been at large for more than one year and 30% have been at large for more than five years. That is a national scandal. Very large numbers of those individuals will have committed further offences in this country since they have been outside prison. My contention is that those foreign national offenders also need to be deported. If they are not going to be in prison, they need to be walking the streets of their country of origin, not those of our country.

This is an alarming state of affairs, and I am looking to the Minister—he has a solid reputation for being enthusiastic about his portfolio and being skilled and articulate in arguing the case to get things done—to knock heads together in his Department and the Home Office to say that it is not good enough. The previous Prime Minister said to the Home Affairs Committee that the Government’s performance was not good enough, and I am sure the present Prime Minister would admit that. The issue is costing British taxpayers more than £800 million a year. Almost 5,000 foreign national offenders are at large on our streets. Some 10,000 are in prison in this country when they should be in prison in their countries at the expense of their own taxpayers. My constituents in Kettering are looking to the Minister to get it sorted out.

--- Later in debate ---

[Mr Gyimah]

I thank the hon. Lady for her very forcefully put question. I do not have those data to hand, but if they are available—I look to my officials—I will be happy to write to her with the detail.

There is a huge amount of activity under way on each stage of the FNO process, from the point of arrest to appearance in court, being given a prison sentence and removal back to the home country. For example, the Government have introduced clauses in the Policing and Crime Bill, which is currently going through Parliament, that will strengthen police powers with regard to early identification of nationality and will require anyone appearing in court to state their nationality. Those provisions are designed to help to speed up early identification of FNOs and so assist with their quick removal from the UK.

[Keith Vaz]

Will that include the production of their passport? Telling the court their nationality is very important, but the production of the passport is absolutely critical. Is that included in those measures?

[Mr Gyimah]

I believe that is included in the process that I have outlined. In other initiatives, my Department is currently working on proposals to introduce a new fast-track appeals process that will apply to all detained foreign offenders. That process will make sure that appeals are determined as efficiently as possible, so that foreign offenders may be removed from the UK more quickly.

We have also strengthened our ability to deport foreign offenders through new powers introduced by the Immigration Act 2014, which contains a discretionary power allowing us to deport first—the FNO can appeal later. That means that foreign offenders cannot delay their removal with frivolous appeals and are instead required to appeal from abroad, but only if the Home Secretary certifies that removal pending the outcome of any appeal would not risk serious irreversible harm following their return. More than 4,100 foreign offenders have been deported under that new provision since it came into force in July 2014, with many more going through the system.

In terms of wider cross-governmental work, which I have touched on, I am determined that we make extensive use of the influence and worldwide reach of the Foreign and Commonwealth Office and the Department for International Development, which my hon. Friend the Member for Kettering so articulately focused on, so that we can bring our relationships to bear in discussions, to make sure that we fast-track the process.