Oral Answers to Questions

Debate between Lord Herbert of South Downs and Julian Lewis

Tuesday 28th June 2011 Commons Chamber

[Nick Herbert]

I can tell the right hon. Gentleman that this is the kind of thing we want to address, and I understand that it is being addressed in the Legal Aid, Sentencing and Punishment of Offenders Bill. We wish to improve our performance on the removal of prisoners. I should point that out that more than 5,000 foreign national prisoners were removed last year. We intend to continue to take every possible step both to reduce the foreign national prisoner population and to remove prisoners from this country.

[Dr Julian Lewis (New Forest East) (Con)]

One of the problems with removing convicted foreign prisoners is an interpretation put by the courts on their rights, such as their right to a family life—they are absolute, rather than conditional. What steps are the Government taking to recognise in law that people have rights which can be qualified by their own bad behaviour?

[Nick Herbert]

I am aware of my hon. Friend’s concern and that of the House about this issue and about whether it is appropriate in such circumstances that the removal of offenders is being blocked. I hope that the commission we have announced on the Human Rights Act 1998 will pay the closest possible attention to the operation of the human rights legislation in such cases, because it is in the public interest that we remove foreign national prisoners who have forfeited their right to remain in this country.