Home Affairs and Justice

Lord Clarke of Nottingham Excerpts

Thursday 10th May 2012 Commons Chamber

[Yvette Cooper]

My right hon. Friend, who is the Chair of the Select Committee on Home Affairs, makes an extremely important point. I wanted to come on to that report, because, overall, we can see the queues getting longer while Ministers do not seem to have a clue what is going on.

Last Monday, the Minister for Immigration claimed the maximum queues were an hour and a half and accused the media of making “wild suggestions”. By Tuesday he was admitting the wild suggestions were nearer the truth; by Wednesday we were told the Prime Minister was getting a grip; by Thursday and Friday the queues were getting worse and worse. There were two-hour waits at Stansted and three-hour waits at Heathrow, reports of trains delayed by queues at Paris, Customs checks stopped at Heathrow and reports that staff from Manchester were being put on a plane, told to work for a few hours at Heathrow and put on another plane back again.

Finally, this week, we got the truth from the borders and immigration inspectorate. Passport staff at terminal 3 have been cut by 15%, shortages mean that they cannot cope with the queues, and management changes brought in under this Government are making things much worse. The Minister for Immigration charmingly told us that the report was out of date because action had been taken since September to sort it out, but since September things have got worse, not better. The report says the staff are all on at the wrong times—more when the airport is quiet and fewer when all the planes are coming in.

It is just baffling to everyone that the UK Border Force and the Minister for Immigration do not seem to be able to work out what time of day it is, but at least they are doing better than the Home Secretary, who is still rather challenged by the day of the week. I know that the Home Secretary is not on Twitter and she might have missed the attempts to cheer her up through the difficult time that she is having. They have started to suggest songs, such as “ Sunday, Wednesday, happy days,” “I don’t know why I don’t like Tuesdays,” “Eight days a week” and—clearly—nothing by The Police. How about Peter, Paul and Mary’s “Not leaving on a jet plane and I don’t know when I’ll be back again”?

Getting the date wrong in a case such as Abu Qatada’s, however, could have been very serious. Everyone is very relieved that the European Court decided to reject Abu Qatada’s appeal not because of the date, but because of the merits of the case. We should all welcome that decision. We all want him deported as soon as possible and the case has been repeatedly and thoroughly considered at every level in the courts, but lessons also have to be learned at the Home Office too. Three weeks ago the Home Secretary came to the House and was adamant that she had got the date right. Twelve times she told the House the deadline was Monday. In scathing tones she said to me:

“We are talking about a simple mathematical question.”—[Official Report, 19 April 2012; Vol. 543, c. 509.]

Sadly, it was a mathematical question that neither the Home Secretary nor her Ministers seemed able to answer.

The Court was very clear in its judgment that the deadline was Tuesday and Court officials said so at the time. It is no good the Home Secretary’s saying that the Foreign Office is now complaining that the Court’s guidance was not clear enough. If it was not clear enough, why not ask questions at the time? Why did they not ring up the Court and ask the question? Why did they not listen to the media and to the others who were raising with her the point that the Court was saying very clearly that the date was Tuesday, instead? Why take the risk?

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

It is all irrelevant now.

[Yvette Cooper]

The Justice Secretary likes to chunter from a sedentary position that that is all irrelevant now, but the trouble is that it is not. The Home Office makes these serious decisions every day of the week. If it cannot even get what day of the week it is right, how can we have confidence in its decisions about the future? How can we have confidence when the Home Secretary next comes to the House and tells us categorically that she is right and that the Home Office advice is right when we still do not know why they got it so catastrophically wrong this time around? Surely she should now come to the House and explain why the Home Office got this so wrong, why it could not ask the right questions and why it did not take advice, listen to it and avoid taking the risk—a risk that could have added further considerable delays to this process.

[Yvette Cooper]

We still have a problem in that we all want Abu Qatada deported but he has not yet been deported. I agree that the process has taken far too long in the British courts and in the European Courts. I even agree with the Justice Secretary that reforms need to be made to the European courts to try to speed things up although there are considerable questions about the progress he has been able to make. I do not think, however, that we should have self-inflicted problems with the Home Office creating additional delays by getting something so basic wrong. This is about the serious decisions the Home Office takes and if it is unable to learn the lessons of the past or to recognise the errors it has made there will be serious problems in the future.

[Mr Kenneth Clarke]

Do I gather that the right hon. Lady welcomes the fact that we got 47 countries to agree to get rid of these arrears so that there are not years and years of delay before things can get on? Does she welcome the fact that my right hon. Friend the Home Secretary has just won her appeal, which has not been delayed, and that we are now able to resume the ordinary deportation process? Why is she getting bogged down in procedural niceties that are now quite irrelevant and why did not her Government do anything about this for eight years, as my hon. Friend the Member for Battersea (Jane Ellison) has just asked?

[Yvette Cooper]

It is indeed gallant of the Justice Secretary to leap to the Home Secretary’s defence. They are huge friends—this is obviously a change of relationship between them. We are delighted to see their rapprochement.

I agree with the Justice Secretary that it is important to get rid of the arrears and try to deal with the backlogs at the European Court. That is a problem and I hope that some progress can be made. We are all very pleased that the Court rejected Abu Qatada’s appeal, but I must say that the Home Secretary made that more difficult, not easier. Abu Qatada should not have been able to appeal and she could have delayed her decision by a single day. The procedures matter because we do not want the Home Office to screw up important procedures. Whether it be in situations such as that when Raed Salah walked into this country because the Home Secretary did not get the procedures right to enable his being stopped at the border when she wanted him to be stopped, or whether it is about getting the date right, it does matter because this is not just any other omnishambles for this Government. It is not like a pasty tax or queues at the petrol pumps—this affects our national security. Whether about counter-terrorism or police on our streets, these decisions affect public safety. Whether on our borders or in our courts, these decisions affect our national security.

When we have 16,000 fewer police, a 10% increase in personal crime, 1,000 fewer foreign criminals being deported and this latest report showing 100 more illegal immigrants absconding according to the most recent figures, people are anxious. They are already worried about their jobs and their financial security and they do not want to have to worry about crime and public safety as well. This Queen’s Speech is failing the people of Britain just as the Home Office is failing on policing, border security and public confidence. It is a Queen’s Speech that offers no change, no hope and no direction from a Government who are not listening or learning. They should change course before it is too late.