Deportation: Jamaica

Lord Paddick Excerpts

Wednesday 6th February 2019 Lords Chamber

Asked by

[Lord Paddick]

To ask Her Majesty’s Government what is their response to reports that five foreign nationals who were due to be deported to Jamaica have since been reprieved.

[Lord Paddick (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, it would not be appropriate to comment on individual cases, particularly those subject to ongoing legal proceedings. It may be helpful to know that a number of factors impact on a person’s planned removal from the UK. This does not mean that the original decision to remove the individual was incorrect. If barriers to their removal are resolved and they are not granted a form of leave, the person remains subject to deportation as required under the UK Borders Act 2007.

[Lord Paddick]

My Lords, I am grateful to the Minister. Yet, lawyers representing some of those due to be deported say that the reprieve is permanent. Yesterday, I asked the Minister how the Government could be sure that those they intended to deport as foreign national offenders were actually foreign nationals, bearing in mind the mistakes that had been made with the Windrush generation. The Minister said that she had been assured that all those being deported were foreign nationals. Yesterday, in the other place, the Home Secretary said that the law required him to deport foreign nationals convicted of serious offences and that if he did not deport them, he would be breaking the law. As I say, overnight it has been reported that five of those due to be deported are no longer going to be deported. Can the Minister explain: did the Government mislead the House, or has the Home Secretary broken the law?

[Baroness Williams of Trafford]

I have not misled the House, nor has the Home Secretary broken the law. I thought I had made clear in my original Answer that the original decision to remove an individual is not incorrect, but there may be factors that need to be resolved, such as fresh asylum claims and other reasons why a fresh appeal might be lodged, which might mean that someone is not deported but might ultimately be deported. Therefore, neither is true.