Foreign National Offenders (Removal)

Michael Ellis Excerpts

Wednesday 22nd October 2014 Commons Chamber

[Mrs May]

The number of people whom it has not been possible to remove in any particular year is the result of a whole range of issues, and I have to say to the hon. Lady that I have recognised over the years that a change has been needed in the way we deal with those issues. That is precisely why I abolished the UK Border Agency and created the immigration enforcement command within the Home Office. I fully accept that there is more work to do, for example on the links between the Home Office, the courts and the prison system, to ensure that information flows are absolutely up to date so that action can be taken at the appropriate time.

[Michael Ellis (Northampton North) (Con)]

Is it not right that on this, as on so many other matters, we are clearing up Labour’s mess? After all, we got rid of Abu Hamza and Abu Qatada where Labour failed to do so. Is it not also right—I know this as a lawyer—that we got rid of the 17 routes of appeal that Labour established, thereby feeding the legal process? We would also like to get rid of the Human Rights Act, another Labour creation that is causing much of the problem.

[Mrs May]

My hon. Friend is absolutely right. We have had to deal with the system we inherited. We have made significant changes to it, which are already starting to show progress, and I am sure we will see considerable progress in future as a result of further changes we have made, particularly on the legal side, as he indicates, such as reducing the number of routes of appeal from 17 to four.

Oral Answers to Questions

Michael Ellis Excerpts

Monday 13th October 2014 Commons Chamber

[Mrs May]

When the terms of reference for the inquiries are published the hon. Lady will see the nature of work they will do. As I explained in response to the hon. Member for Llanelli (Nia Griffith), the inquiry was set up against the background of concern about the number of historical cases of sexual abuse and sexual exploitation of children that we have seen. Subsequently, a number of other cases have come forward that show that sadly this is not simply a crime that occurred in the past but something that occurs in the present. It is necessary to ensure that institutions are abiding by their duty of care to children. That will involve identifying the faults and what happened in those institutional environments, and considering what lessons need to be learned from that.

[Michael Ellis (Northampton North) (Con)]

Communications data are vital in child abuse and other serious cases. In a recent speech, the Home Secretary said that in a six-month period the National Crime Agency had to drop at least 20 cases in which a child was judged to be at risk of imminent harm, and the Met also had to drop 12 cases in three months. Meanwhile, the Deputy Prime Minister has said that the only issue that needs resolution is the availability of unique IP addresses. Will the Home Secretary say whether that is correct?

[Mrs May]

My hon. Friend raises an important point about communications data. He sat on the cross-party Joint Committee that scrutinised the draft Communications Data Bill and accepted that there was a need for legislation to improve our ability to access communications data. He mentioned the cases that I have cited recently, and among them are cases that are not just about IP addresses but about our inability to obtain communications data, because communications service providers based overseas do not retain the right data.

Of the NCA cases I mentioned, two were discontinued because of that problem, one of which was a case involving the distribution of indecent images of children. Of the Met cases that my hon. Friend mentioned, six were discontinued because of the lack of retained data, and of those one involved posting indecent images, one related to child protection in which there was a threat to life, and one was a kidnap where there was a threat to life. The Communications Data Bill would have addressed that problem. Therefore, while we are taking action to address the problem caused by IP addresses, it is not true that the cases I mentioned in my speech were related simply to IP addresses. Even for cases that were discontinued because of the lack of a unique IP address, had there been such a unique IP address it would not mean that the case could have been continued—the scale of the problem probably means that no communications data would have been available for that IP address anyway.

I say to Members across the House and to our coalition colleagues that if they are serious about giving the police the capabilities they need to keep us safe, protect children and save lives, they should reconsider their position on the Communications Data Bill.

Communications Data and Interception

Michael Ellis Excerpts

Thursday 10th July 2014 Commons Chamber

[Mrs May]

I am very sorry about the tone that the hon. Gentleman has taken. We are, of course, making the Scottish Government aware of this, and discussions will take place with the Scottish Government. We are facing a situation where we could see the loss of capabilities that lead to dangerous criminals, paedophiles and terrorists being apprehended and brought to justice. I should have thought that every Member of the House, in all parts of the House, wanted to ensure that we maintain those capabilities, and I am very sorry if the hon. Gentleman takes a different view.

[Michael Ellis (Northampton North) (Con)]

As a member of the Joint Scrutiny Committee that for six months considered similar matters, and as a member of the Home Affairs Committee, may I commend the Home Secretary for her statement? Will she confirm that the Bill maintains modern policing effectively to deal with modern criminality? It represents the status quo and it does not focus just on anti-terrorism. It would focus also on child protection and serious criminality of all types, and it is crucial that it is maintained.

[Mrs May]

My hon. Friend is right and, as he says, he has the experience of membership of the Home Affairs Committee and of sitting on the Joint Scrutiny Committee on the Draft Communications Data Bill. We are maintaining a capability, and as I indicated in reference to cases in my statement, and as the shadow Home Secretary indicated in reference to cases in her response, we have seen murders and serious crimes where the access to communications data has been vital in order to solve those and bring the perpetrators to justice.

Child Abuse

Michael Ellis Excerpts

Monday 7th July 2014 Commons Chamber

[Mrs May]

I am happy to give the hon. Gentleman the assurance that we will talk to the devolved Administrations and work with them on the work of this inquiry. Some matters will cover England and Wales, and other matters are of a devolved nature, which makes it particularly important to work with the devolved Administrations.

[Michael Ellis (Northampton North) (Con)]

I read the executive summary of the 2013 review, according to which 114 files were said to have been lost or destroyed. The investigator says, however, that he looked only at what he called the central Home Office database. What about files that might be held by the Security Service or other agencies? Will the Home Secretary confirm that files held by such bodies and those held on other databases will be incorporated in the review?

[Mrs May]

I certainly think it important for other databases to be interrogated and looked into. As I indicated in response to an earlier question from the hon. Member for West Bromwich East (Mr Watson), there are issues around access to certain matters that relate to secret and intelligence material. I am sure, however, that there are ways of ensuring that all appropriate material—whether it be appropriate for the review or for the inquiry panel—will be looked into.

Passport Applications

Michael Ellis Excerpts

Wednesday 18th June 2014 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

I normally like to say that it is a pleasure to follow a Member who has just spoken, but I am afraid that I cannot do so on this occasion. The right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) should be ashamed of himself. Having listened to his diatribe, I hope that he has tried to contact the Home Secretary, because if he has not he should explain that to the House.

I want to start by congratulating the Home Secretary. There will always be issues, crises and developments in Departments such as the Home Office, as we all know on both sides of the House, so it is not the avoiding of a problem that is the measure of a Home Secretary; it is how they deal with it when it arises. How has the Home Secretary dealt with this problem? She has done so in an exemplary fashion. Her Majesty’s Passport Office has been responding since the start of this year, not at the height of the season, during the summer months, because staff were brought in to respond to extra demand in January.

We must ask ourselves why there has been this substantial increase in demand, the biggest intake at this time of year for 12 years. Perhaps it is something to do with the improving economy under this Government. The economy is up because the long-term economic plan is working, so more business people need passports to travel and more people are going on holiday. How else could one account for the enormous increase in the millions of applications? To deal with that, 200 staff have been redeployed from office roles to front-line operations, the passport helpline now has 1,000 staff dealing with the situation, and the Passport Office is open from 7 am to midnight seven days a week. That has resulted in a considerable improvement in the number of straightforward passport applications being dealt with within the stipulated time frame.

However, between January and May more than 97% of straightforward passport renewals and child applications were processed within the three weeks advertised on the website—by the way, the website gives three weeks as a recommended time frame, not a guarantee—and 99% have been processed within four weeks. As it happens, I do not think that we can say that is good enough, because even 1% represents a large number of people who have been seriously inconvenienced.

We should not allow the message to be transmitted that somehow this service is completely collapsing, as the Labour Opposition are trying to do, to the detriment of Passport Office staff across the country who are working extremely hard, as we can see, for many hours of the day and night to get the job done. Let us give them credit and accept that a 97% success rate for any branch of government is extremely impressive. If we could arrest 97% of burglars or stop 97% of fires, we would be doing rather well. However, I accept that even 3% or 1% is too large and that we always have to do better. That is why the Home Secretary has put in place the resources that we have heard described in detail today.

We have again heard allegations that this situation is the result of job cuts, but the contrary is actually the case. On 31 March the Passport Office had 3,444 full-time equivalent staff, which is more than in 2013 and 2012. Comparisons are inaccurately drawn with 2010. As has already been explained, in 2010 this Government rightly scrapped Labour’s ID cards policy, so the Passport Office, as it is now constituted, is dealing with different things. Staff numbers have gone up.

We must also bear in mind the paramount importance of security. This country has a gold-standard passport service, and our passports are considered to be the gold standard by other countries, including those in the European Union. Other countries respect the fact that a British passport is a document they can trust, because they know and acknowledge that a vast array of security checks are done before a passport is issued. We must ensure that there is no circumvention of those checks, because they are of paramount importance. There will be complex cases, because we have a very cosmopolitan society and people want passports from around the world, and sometimes the checks take a while to complete, particularly because the other countries have their own time frames.

I acknowledge that there is a problem, but we have to bear in mind the points I have raised: resources are being put into this; the figures are improving; and the number of staff has increased. The so-called backlog is a misapprehension. We cannot count those figures that we would normally expect to see—150,000 a week—as a backlog. The figures for the past three weeks amount to a vast number, and they will continue to increase.

Extremism

Michael Ellis Excerpts

Monday 9th June 2014 Commons Chamber

[Mrs May]

I have addressed the issue underlying the hon. Gentleman’s question on a number of occasions.

[Michael Ellis (Northampton North) (Con)]

The Labour party is focusing on whether the Home Secretary should personally micro-manage websites, but is not the real issue the fact that under this Government the Prevent strategy, which confuses the Labour party, has been properly split between communities and counter-terrorism? That is the way that it should be. It is one of the many areas where Labour got it wrong but we are getting it right.

[Mrs May]

My hon. Friend is absolutely right. At the core is the question of how we deal with extremism, which is what the Prevent strategy is about. We took the right decision on that strategy, and it is a pity that the Opposition do not seem to understand the implications of that.

Stop-and-Search

Michael Ellis Excerpts

Wednesday 30th April 2014 Commons Chamber

[Mrs May]

As I have made clear, I want the number of stops to come down. The Metropolitan police has already been able to do that through the changes it has made. I want the stop-to-arrest ratio to go up. We will ensure that the training of officers is such that, with the other measures that I am taking, I expect precisely such changes to come through as a result of our reforms.

[Michael Ellis (Northampton North) (Con)]

The figures given by my right hon. Friend on stop-and-search are frankly a stain on British policing. The vast majority of stop-and-search powers are exercised under the Police and Criminal Evidence Act, and police officers are required to have reasonable suspicion before exercising those powers. Do not the figures indicate that, sadly, in a large number of cases it is nothing but the colour of the skin of the person being stopped that has caused the stop-and-search to happen?

[Mrs May]

I am sorry to say that my hon. Friend is right. It is clear that in a large number of cases, there were no reasonable grounds for suspicion. Given that a black person is six times more likely to be stopped and searched than a white person, one can only assume that it is the fact that the person is black that leads to the stop-and-search taking place.

[Michael Ellis]

Disgraceful.

[Mrs May]

It is absolutely disgraceful. Sadly, as I indicated in response to another hon. Friend, the feeling has been passed through to young people in black and minority ethnic communities that this is what happens and is, if you like, a fact of life. I want to change that and ensure that it is not a fact of life.

Ellison Review

Michael Ellis Excerpts

Thursday 6th March 2014 Commons Chamber

[Mrs May]

If the hon. Lady will permit me, I will write to her on that matter so that I am absolutely certain of the facts I give her.

[Michael Ellis (Northampton North) (Con)]

The review discloses breathtaking and monumental corruption, and it will take a monumental effort to begin to repair the damage that has been caused. Among other things, the report discloses that officers in criminal trials failed to reveal their true identities, and that they failed to correct evidence that they knew to be wrong. As a result, there will doubtless have been miscarriages of justice in other cases, which it will be extremely complicated and difficult to root out, but does the Home Secretary agree that that must happen? Does she also agree that the culture of policing needs to change considerably not just in relation to this matter, but generally? Will she look at the report of the Home Affairs Committee inquiry into undercover policing, which has already taken place? Finally, may I suggest that what she said about adding an offence of police corruption is extremely important, because the current offence of misconduct in a public office is clearly insufficient?

Immigration Bill

Michael Ellis Excerpts

Thursday 30th January 2014 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

I strongly support the Home Secretary on the extension of the time period so as to make it more difficult for those who wish to engage in sham marriages and illegal enterprises of that sort, but will there be a provision to shorten the period in exceptional circumstances? For example, what about someone serving in Her Majesty’s armed forces who is about to be deployed overseas, or someone suffering from a terminal illness? I am concerned about this. Will the Home Secretary expand on the response she gave a few minutes ago? I have heard of several examples—

[Mr Speaker]

Order. I am extraordinarily grateful to the hon. Gentleman. I think that what might be called by a lawyer the gravamen of his point has been heard. I do not think that a judge in one of the courts in which the hon. Gentleman has served would have allowed him to bang on for the length of time I have allowed him.

--- Later in debate ---

[Mrs May]

When my hon. Friend made a similar point during Home Office Questions on Monday, I said that I thought that it was always better for the Government to be able to ensure that they had covered every aspect of a Bill in the original drafting, and I am sure that that view is shared throughout the House. However, as I said at the beginning of my speech today, these are very technical issues, many of which, including some that I shall discuss later, were raised in Committee. It was appropriate for the Government to respond to the points that were raised then, and to table amendments accordingly when that proved necessary.

Amendment 44 to schedule 5 will enable registration officials to disclose information about reports of suspected shams to the Registrar General under sections 24 and 24A of the Immigration and Asylum Act 1999, as well as to other registration officials and the Secretary of State. That will support inter-agency work to tackle sham marriages and civil partnerships. New clause 12, which I tabled, relates to the deprivation of citizenship.

[Michael Ellis]

Does the Home Office have any idea how many people are gaining immigration status through the route of sham marriages or civil partnerships? Is that an easily ascertainable figure, even if it is an approximation?

[Mrs May]

It is not an easily ascertainable figure. The proposals that we are discussing will enable us to investigate more cases. We have made assumptions based on marriage registration statistics, the volume of reports of suspected sham cases from registrars and feedback from immigration caseworkers who deal with applications that are made on the basis of marriage or civil partnership. The resulting estimate was that between 4,000 and 10,000 applications a year are made to the Home Office on the basis of a sham marriage or civil partnership. My hon. Friend will see from the breadth of the estimate that we need to approach the matter with caution, but it does give a guide to the potential scale of the abuse. There are details in the explanatory paper that we have published on part 4 of the Bill. I expect these provisions to give us a greater ability to identify cases, and therefore to ascertain the number of them.

I apologise to the House, because I was getting ahead of myself in setting out my new clauses. New clause 12 relates to fees. I will come on to the new clause that relates to the deprivation of citizenship afterwards. On fees, we remain committed to ensuring that the UK continues to attract tourists and the brightest and best migrants, including those who are considered to be commercially important to the UK. To ensure that we can do that, it is important that our immigration and visa services are a match for or better than those provided anywhere else in the world.

In a number of important respects, our visa services are already world class. We have expanded and improved the network of visa application centres. There are now 200 around the world, with 12 in each of India and China compared to the three or four that are on offer from most of our competitors. We have introduced online application and booking systems, and 95% of applications are now submitted online. Online applications are supported by translated help text and extensive web guidance. We have also established a business network with dedicated UK visa staff to assist businesses with their visa requirements. All of that is in line with our desire to attract the brightest and best to the UK.

--- Later in debate ---

[Mrs May]

The simple answer to my hon. Friend is no.

[Michael Ellis]

Despite the protestations and mock indignation of Labour Members—

[Pete Wishart]

And us.

[Michael Ellis]

And of course of the Scottish nationalists, who are adopting their usual posture. Is it not correct that this law was effectively on the statute book previously, so it cannot be all that exceptionable and that it was repealed by the Labour party because, in 1997, it wanted to sign us up to another European convention?

--- Later in debate ---

Let me deal briefly with the Home Secretary’s suggestion that my new clause would risk our being involved in a huge amount of litigation. There is always a risk of litigation when the law is changed, but because the new clause is much shorter, clearer and more succinct than the wide, sophisticated, complex balancing exercise in the Bill, it is much less likely to attract the kind of satellite litigation to which the Home Secretary alluded. I therefore think that the Bill as it stands would make the position worse than it would be if my new clause were accepted.

[Michael Ellis]

I admire my hon. Friend and respect his position, but my fundamental concern about his new clause is that it is being described by lawyers—from both the Labour party and the Government, it seems—as a measure that is incompatible with the legislation, will not work, and will actually slow the process down. I want us to deport as many foreign criminals as possible, but will not the new clause make that more difficult?

[Mr Raab]

I know that my hon. Friend takes a close interest in these matters, and I shall try to address his point very squarely. I urge him to intervene again if he feels that I have not done so satisfactorily, in which case I shall spell out my argument more clearly.

My new clause differs from the clauses in part 2 in that it is mandatory. Serious offenders cannot pull out and wield article 8 as a joker to trump deportation. Unless there is a tangible threat to life or limb, those convicted killers, rapists, drug dealers and other serious criminals should be sent home: they should not remain on the streets of Britain.

I spent a long time crafting and consulting on my new clause. It allows a very narrow exception to the wider automaticity of deportation when that is in the overwhelming humanitarian interests of the children involved, but the discretion is to be exercised by the Home Secretary rather than the courts. The new clause uses a Home Office mechanism, or model, to protect that discretion from human rights challenges by expressly stipulating that the only challenge can be by way of judicial review.

Oral Answers to Questions

Michael Ellis Excerpts

Monday 27th January 2014 Commons Chamber

[Norman Baker]

It is not true that we have not introduced measures. I have just referred to the fact that 250 substances have been banned. We continue to take strong action, including police action, to deal with those who are breaking the law. I agree with the hon. Gentleman, however, that a clear message should go out that just because something is deemed legal, it should not be assumed that it is safe. That is a central part of the Government’s message.

[Michael Ellis (Northampton North) (Con)]

I congratulate the Government on the tough measures that they have taken on so-called legal highs and psychoactive substances. Apparently, some come in packages with cartoon-style images that are attractive to younger people. Will the Minister consider what can be done to restrict the packaging as well as the substances themselves?

[Norman Baker]

I will happily look into that, and I share my hon. Friend’s view that that is entirely inappropriate marketing.