Foreign National Offenders (Exclusion from the UK) Bill

Pauline Latham Excerpts

Friday 11th March 2016 Commons Chamber

[Mr Hollobone]

My hon. Friend is right. I know that he has raised that issue in the Chamber on numerous occasions, and rightly, because there are few issues that enrage our constituents more than the public money spent on translating things for people who, frankly, should learn to speak English if they want to stay in this country.

[Pauline Latham (Mid Derbyshire) (Con)]

My hon. Friend is talking about the international development budget and prisons abroad. In the very uncertain world in which we now live, does he not agree that it is good that our Government are spending money on strengthening the legal systems in these countries so that they can deal with their own prisoners?

[Mr Hollobone]

Yes, I support that. A stronger legal system in these countries would help to facilitate the return of their nationals imprisoned in this country.

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[Mr Hollobone]

This might be an issue that the International Development Committee, on which he sits, might want to explore, because when one compares the list of the top 10 countries with the most foreign national offenders in our jails with the list of the 28 countries to which this country gives the most international development aid, three countries stand out—Nigeria, Pakistan and Somalia. All three countries are on the list of the 28 countries to which the Department for International Development gives international aid and in the top 10 list of countries with the most foreign national offenders in prison in this country.

[Pauline Latham]

Does my hon. Friend accept that many nationals from those countries send a huge amount of their own money back to their country to help their families who are still there? As my hon. Friend the Member for Stafford (Jeremy Lefroy) said, those people are good, contributing members of this society because they have chosen to come here and they add to what we have in this country. Obviously the criminals are the worst offenders we could possibly have and we need to get rid of them, but there are so many people here who work hard to help their families back home.

[Mr Hollobone]

And those people will be very embarrassed indeed that their fellow foreign nationals are clogging up our prisons in this way. They may be keener than us to see a sensible resolution to the problem.

The point that I want to make in drawing my brief remarks to a close is that, if we are giving so much money in international aid to Nigeria, Pakistan and Somalia, but those three countries are in the top 10 list of shame in respect of having foreign nationals in our prisons, surely we should do in those countries what we are doing in Jamaica—spending the international aid money that we are already giving them on building prisons in those countries, so that the prisoners in our country can be sent back to them.

[Mr Hollobone]

My hon. Friend’s bid to be on the Bill Committee is accepted. That is exactly the sort of constructive suggestion we need to strengthen the legislation.

[Pauline Latham]

Does my hon. Friend agree that if we did do that, the standard of the prisons we would provide would be far superior to the standard of the prisons that many developing countries provide for their citizens?

[Mr Hollobone]

I am not sure that my constituents are that fussed about the standard of prisons that are built in other countries—they just want the foreign nationals to be sent back to them—but I take the point that my hon. Friend makes.

I want to highlight one other issue that is of concern. I asked the Secretary of State for Justice how many foreign national offenders were serving their sentence in prison, and I have read out to the House the list of shame that I received. However, I also asked how many foreign national offenders were serving their sentence outside prison, and the answer that I got from the Ministry of Justice was:

“The number of convicted foreign national offenders serving their sentence outside prison is not published due to data quality.”

In other words, “We don’t know.” I am very worried indeed about that.

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[Philip Davies]

As I have already suggested, an awful lot of things on the statute book are not being implemented by judges. Some offences do not carry a prison sentence, so that would not apply no matter how many strikes someone has. We now have a mandatory prison sentence for a second offence of possession of a knife, but we saw just this week that only half of the people to whom that should apply have been sent to prison. The House’s intention is clearly not being followed by the courts, which is why we have to make the law as clear cut as possible to avoid such problems in future.

[Pauline Latham]

Rather than bring in yet more legislation, should we not put pressure on judges to follow the current legislation? They are clearly failing in their duty to send to prison the people who should be sent to prison. It is also clear that we are regularly not deporting the people who should be deported.

[Philip Davies]

I agree with my hon. Friend’s sentiments, but, given where we are, we are going have to do something to give judges as little discretion as possible, because the more discretion we give them, the more they defy the will of Parliament.

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[Mr Nuttall]

It is a bit of both, and partly because the European Union now includes the EU charter of fundamental rights, which essentially replicates the European convention on human rights—for these purposes those things are one and the same. If we are powerless to stop convicted rapists entering our country, we must ask what has become of our national sovereignty. I have no doubt that millions throughout the country will believe that the case that I have mentioned alone demonstrates that we need to change that state of affairs and why the Bill is so necessary.

Clause 1(1) requires the Secretary of State to make regulations, which I believe should deal with the process of removal. We are fortunate that the National Audit Office has investigated the costs and processes of returning foreign national offenders, and that it published a detailed report, “Managing and removing foreign national offenders”, in October 2014. Before anyone starts to complain that this situation is all the fault of the current Government, it is worth noting briefly that, according to the report, back in 2006, the Home Office found that more than 1,000 foreign national offenders had been released from prison without even being considered for deportation.

Although the NAO report acknowledged that the coalition Government put more resources into managing and removing foreign national offenders, it also made it clear that progress on reducing the number of foreign national offenders in our jails was slow. It confirmed—this deals with the point that my hon. Friend the Member for Kettering has just raised—that the difficulties that hindered removals were caused by the application of the European convention on human rights, as well as the application of European law on the free movement of persons. There we have it: the National Audit Office has confirmed his concerns.

[Pauline Latham]

Does my hon. Friend agree that it is rather strange that Nigerian prisoners call on the European Court of Human Rights when they are not European? They live in this country but retain their Nigerian nationality.

[Mr Nuttall]

If that is the case, it does seem strange—I am sure it will seem very strange to our constituents.

The NAO report acknowledged that the Government have put more resources into managing and removing foreign national offenders and made it clear that progress had been made, but it highlighted that the police had carried out an overseas criminal record check on only 30% of foreign nationals arrested. It made it clear that obtaining relevant documents such as passports at an early stage would greatly speed up the process of removal, and that fostering closer links between immigration officers and front-line police officers would speed up the process.

The Public Accounts Committee provided a commentary in its report, “Managing and removing foreign national offenders”, which was published in January 2015 following the NAO report. The Committee’s report states that

“police forces have been slow to recognise the importance, when arresting foreign nationals, of checking their immigration status and whether they have a criminal record overseas and they rarely use search powers to find evidence of identity and nationality.”

Whatever the reasons for that—it could be a lack of training or a lack of awareness—it is significant, because establishing nationality at an early stage would allow for further background checks to be carried out.

The report also states:

“Only 30% of foreign nationals arrested were checked against one key overseas database for a criminal record in 2013–14, and the great majority of police forces do not have automated links between fingerprint machines in their police stations and the Home Office’s immigration databases.”

The Committee suggested that a massive £70 million could be saved by fostering and developing such links.

The NAO noted in its report that in 2013-14, more than one third of foreign national offenders who were removed left as part of the early removal scheme. That is the scheme that returns foreign national offenders to their country of origin before they would be let out of prison if they were back here in the UK. The NAO also noted a key improvement in reducing the number of failed removals from 2,200 down to 1,400, but 1,400 still fail. That number is still far too high. I hope we will hear some detail from the Minister on why so many removals fail and what is being done to improve the situation.

Very often, we hear that problems with the delivery of Government services are due to a lack of resources, but the Public Accounts Committee noted that the number of staff working in foreign offender management had actually increased from fewer than 100 in 2006 to more than 900 in 2014—a huge percentage increase. The taxpayer can rightly expect to see an enormous improvement for that increase.

It is helpful to consider the cost to the taxpayer of dealing with foreign national offenders, because it demonstrates what an enormous drain on taxpayer resources this problem is. The NAO estimated that the average cost of managing a single foreign national offender was about £70,000 a year. The total bill for 2013-14 was an estimated £850 million, which confirms a figure that was mentioned earlier. I should add that that does not represent the total cost of a foreign national offender to British society. The figure is an estimate from the NAO, because there is an absence of definitive data. There is of course the possibility that the actual cost is much higher when one considers all the costs, from the investigation of the crime through to managing an offender in the community. Perhaps the most notable finding by the NAO, which the PAC also raised, was that managing foreign national offenders costs an estimated £100 million a year more than managing British prisoners. The Committee also noted that the Home Office did not know the reoffending rates of foreign national offenders in the community. The public will want to have confidence that such matters are now being addressed and recorded. I look forward to hearing the Minister’s comments on that point.

Both the NAO and the PAC highlighted the delays in the removal process. The NAO carried out a review of 52 cases in which a foreign national offender had been successfully removed and discovered that 20 cases had had avoidable processing delays. They included seven instances where the case had not been worked on for an average of 76 days, and a further six cases where administrative errors had delayed the process. In order to gather information on foreign national offenders, the Home Office sends out to each one a 50-question paper form. On average, it takes 32 days just to send out the questionnaire, which does not exactly give the impression of speed or urgency. It is perhaps not surprising that foreign national offenders are not so keen on administrative matters such as paperwork. It is not a surprise that almost half of the forms are never, ever returned.

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[Pauline Latham (Mid Derbyshire) (Con)]

I am extremely disappointed: I have sat here since 9.30, unlike the Members of the SNP and the Green party who have only come in recently and not all of whom have stayed. They are trying to stop democracy in this Chamber. They do not want us to speak. Most of us have been here a long time and probably intend to stay till 2.30. It is a bit rich that they should try and stop democracy on private Members’ Bills when no private Member’s Bill is more important than any other.

I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on securing a Second Reading of his Bill, particularly after sleeping in the corridors of this place to ensure that the subject would be aired. SNP and Green Members would not have done that. I am grateful to my hon. Friend the Member for Kettering (Mr Hollobone) for taking the Bill forward. I believe it was national homelessness week recently. I am sure my hon. Friend the Member for Wellingborough is not in that situation, but was merely sleeping in the corridor to ensure that his Bill was listed and heard in this place, which I bet none of those SNP and Green Members would have done.

As other Members will have noted, the House debated an almost identical Bill this time last year, when a few of the Members who support this Bill were candidates trying to secure election. The Conservative manifesto platform on which they ran explicitly pledged to tackle criminality and the abuse of free movement. That included negotiating with the EU to introduce stronger powers to enable us to deport criminals and stop them coming back, and tougher and longer re-entry bans for all those who abuse free movement.

I have little doubt that the sentiment of this concise Bill—preventing foreign nationals who commit a crime in the UK from remaining or returning—is supported by the vast majority in this House and of the public. Britain is one of the most generous and hospitable nations in the world, and every one of us should be proud to be lucky enough to call this country home. Understandably, it is also one of the most sought-after countries to live in. Rightly, we have to be careful about how many people we allow into the UK, and we must have strong protections in place to ensure that those who pose a threat to our way of life and our established customs and traditions do not have the chance to come here. I believe that we do have provisions firmly in place and that this Government, and the Conservative-led Government in the previous Parliament, deserve credit for the work they did to tighten restrictions and increase resources to let the border police and Home Office do their job.

Because we are such a generous nation, there are few things more frustrating to the public than when those who come here and abuse our hospitality do not adhere to our laws and waste taxpayers’ money going through our legal system. There have been high-profile cases of the processes for removing individuals from the United Kingdom taking too long and costing too much money. Members have today given many examples of that. Again, that is understandably frustrating for the public when the obvious solution is to remove them from the country and not let them back in.

It is especially frustrating when human rights are invoked as part of the reason they cannot be removed. This week saw International Women’s Day and I think of the many women and girls around the world who suffer real human rights abuses without legal recourse, not the tenuous human rights claims that have been used to stop the eviction of criminals from the United Kingdom. I was in Nigeria last week and met the families of the girls who have been abducted by Boko Haram. We are coming up to two years since their abduction, and the world should be shocked that many of them are still missing. Those girls have suffered abuses of their human rights, whereas some of the human rights claims evoked in this country are total rubbish.

There is particular frustration about the over-generous use of article 8 of the European convention on human rights, as my hon. Friend the Member for Calder Valley (Craig Whittaker) explained, which prevents deportation of EEA and non-EEA nationals if it would breach a person’s right to private and family life. How a criminal’s right to family life has ever been allowed to supersede the safety of the British public I shall never understand. It is also hard to believe that Greece is an unsafe country to return its nationals to, as my hon. Friend the Member for Kettering mentioned.

I therefore have a lot of sympathy with the Bill and the Members who have brought it forward. I also admire its simplicity and brevity; the main part, clause 1(1), is just 43 words long. Unfortunately, however, I am unable to support the Bill as it stands, because I believe that we already have functioning procedures in place to keep criminals out. The language of the Bill, brief though it is, is too ambiguous. We would have to withdraw from a number of conventions and treaties that benefit us in order to implement it. It also disregards any idea of individuals being able to rehabilitate themselves, which is something this Government are making positive efforts with in this Parliament.

As I am sure the Minister will outline, the UK already has provisions for deporting foreign criminals enshrined in law. They have not always been as strong as they are now, so the previous Government deserve credit for the steps they took to address the problems of deporting foreign criminals who commit a crime in the UK. Perhaps the Government should, as my hon. Friend the Member for Kettering mentioned, look at simplifying the four definitions of how people can be returned to their country: if they had just one, it might be easier for judges to implement.

In the Immigration Act 2014, the Government set out that the law should be on the side of the public, and the starting point is the expectation that foreign criminals will be deported. The Act also rightly changed the law so that, when there is no risk of serious, irreversible harm, foreign criminals can be deported first and have their appeal heard later. It also changed the rules so that those who do have a right to appeal will be able to appeal only once, thus avoiding wasting time and UK taxpayers’ money on drawn-out legal appeals, which have happened far too often in the past. That is on top of the long-standing rules we have in place on deporting foreign nationals, including on the automatic deportation of non-EEA nationals who are convicted in the UK and who receive a single custodial sentence of 12 months or more for one conviction. It is shocking to hear that judges sometimes say they will give only an 11-month sentence so that people do not have to be deported.

A non-EEA person who has been deported is already prohibited from entering the UK while the deportation order against them remains in force. Such orders are indefinite, unless a decision is made to remove them. That leaves open the possibility that a person who commits a crime when they are young can appeal to return later in their life when their character is proven to have changed. The Bill affords no such second chances and proposes no scale for different offences.

There is a range of petty crimes that could technically merit a prison sentence but for which courts may, based on the individual, judge that not to be necessary. The Bill is rigid in its definition of what crime has to be committed for someone to be excluded from the UK, referring to

“any offence for which a term of imprisonment may be imposed by”

a UK court of law. Such strict terms—free from provision for any individual consideration, which our legal system currently has—are a flaw in the Bill.

We already have in place a tough system to refuse visas or entrance to individuals applying to come to the UK who have a criminal history in the UK or elsewhere. I know it is not Government policy to publicise exclusion decisions, but I believe the Home Secretary when she says those measures have successfully kept hundreds of criminals out of the UK. That, however, does not get to the heart of the issue the Bill is aimed at—a swift repeal of European law, which prevents EEA nationals from being excluded from the UK if they are sentenced. Under the European directive on freedom of movement, more demanding grounds than previous criminal conviction are required to deport EEA national offenders who have resided in a host member state for over five or 10 years. I was pleased that the Prime Minister made easing restrictions on deporting EU national offenders part of his renegotiation deal and, in particular, that the Commission agreed to examine the five and 10-year residence thresholds for expulsion.

The Bill does not acknowledge that the freedom of movement directive contains restrictions. I agree that there has been abuse of free movement in the EU, but EU offenders who commit a crime in the UK can already be removed and kept out, with a re-entry ban of one year. I hope the Prime Minister does not give up on his efforts to have that re-entry ban extended. The Secretary of State already has the power to exclude those deemed a serious threat to public policy or public security.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

Will the hon. Lady give way?

[Pauline Latham]

I thought SNP Members wanted us to conclude, but I will give way.

[Dr Cameron]

First, I must declare an interest, having previously completed risk assessments in this regard. Does the hon. Lady agree that it is important that foreign national offenders receive comprehensive risk assessments so that appropriate judgments can be made?

[Pauline Latham]

The hon. Lady makes an interesting point, but it might be difficult to do comprehensive risk assessments, and that would delay the process. If somebody has been convicted, they need to go back to their own country immediately.

As part of the Prime Minister’s EU renegotiation deal, the EU Commission will clarify the meanings of the “serious” and “imperative” grounds on which we can exclude people from the UK, removing ambiguity and making it easier for our immigration services to carry out their duties.

For those who are removed and deemed to be a threat to the UK, we still have border checks in place to make sure that they cannot be allowed in. This Government and the Conservative-led previous Government deserve credit for strengthening the data our border police have through the warnings index, specifically those on whether anyone coming through our border is subject to an outstanding deportation order. The Bill would also do away with the Schengen information system, which allows European states to share information on criminals, thereby preventing them from getting into the UK in the first place.

Ultimately, although I agree with the sentiment behind the Bill—all of the speakers have spoken powerfully, mainly in favour of the Bill, and I understand where they are coming from—we already have in place a lot of what it is trying to achieve, namely the exclusion of those non-UK individuals under discussion from enjoying the opportunities and hospitality that this country offers. Therefore, I do not believe the Bill is necessary.