Foreign National Offenders (Removal)

Philip Davies Excerpts

Wednesday 22nd October 2014 Commons Chamber

[Mrs May]

I have to say to the right hon. Lady that that is a staggering response from the representative of a political party that is still debating whether it even needs to respond to the public’s concerns about immigration. I am sorry that she adopted the tone she did. This is a serious subject and we need to recognise and accept the challenges and respond to them. But the NAO report makes it clear, as I said in my opening statement, that this is a long-standing problem—her party did not face up to it when it was in power.

The report also makes it clear that, unlike the Labour party, we have a plan to deal with the problem, and that plan is working. We have removed 22,000 foreign national offenders since 2010. The NAO report makes it clear that the time taken to deport FNOs is reducing. It notes that the number of removals increased by 12% over the past two years,

“largely because of a change in the Department’s approach to deportation”.

It praises Operation Nexus—the work between the police and the immigration enforcement command—which has helped us to remove more than 2,500 foreign nationals in its first two years. We are the first Government to adopt a cross-government strategy on dealing with foreign national offenders. We want to increase the number of removals, reduce the number of foreign offenders in the UK and tackle the barriers standing in our way. Again, the NAO recognises that removing foreign national offenders

“continues to be inherently difficult”.

The report makes it clear that our efforts have been “hampered” by a “range of barriers”, including the law.

The main problem we face is the rise of litigation; we have seen a 28% increase in the number of appeals. That is why we have made the changes that I have set out in the Immigration Act to cut the number of appeals and why we have made it possible for someone to be deported before they can appeal. Those are the most significant changes to deportation appeals since 1971 and far more than we ever saw from the Labour party when it was in power for 13 years. But those things can take us only so far and we are also faced with the impact of the human rights legislation passed by the right hon. Lady’s Government. Only the Conservatives want to scrap the Human Rights Act and fix our relationship with the European Court of Human Rights, which is why we need a majority Conservative Government.

I do recognise that we face challenges and that we have some issues relating to processes to address. That is why I scrapped the UK Border Agency—Labour’s creation—and since then we have seen a change in the attitude being taken by immigration enforcement. But we will not turn these things around overnight. We have expressed our desire to rejoin the Schengen information system, because it can be a tool we can use in dealing with these FNOs. But we have moved on from the days before 2009 when, under the previous Labour Government, there was no mechanism to trace absconders—there is now a team to do that.

I have to say to the right hon. Lady that if she is going to take on an immigration issue, she really needs to look at her party’s record before she does so. Her party opened the floodgates; her party sent out the search parties and said there was no obvious limit to immigration; and her party passed the human rights legislation that made it difficult to deport foreign criminals. The Opposition still will not say that the level of immigration is too high, they still will not say it has to come down and they still defend the Human Rights Act. Perhaps when she says sorry for those things, the public might start to listen to her.

[Philip Davies (Shipley) (Con)]

Is it not common sense that a foreign national should not be released from prison until they can be taken straight to an airport and deported? If any law, such as the Human Rights Act, is preventing that from happening, may I suggest that the Home Secretary comes forward with the necessary legislation and dares the other parties to vote down something that is such common sense to the British people? Is it not also time we started fingerprinting and taking the DNA of foreign nationals who want to enter this great country? Surely that is a small price for them to pay in order to keep people in this country safe from criminals.

[Mrs May]

My hon. Friend is always willing to come forward with practical proposals on this matter. Steps have been taken to deal with those who would otherwise be released from prison, and to ensure that foreign national offenders who are subject to deportation orders are not being released into open conditions. On occasion, immigration judges do release foreign national offenders into the community, and release them on bail, so it is not simply a question of what is happening in relation to people who are in our prisons already. I recognise my hon. Friend’s concern and say that we will continue to look at the measures that we can take to improve our ability to deport these foreign criminals.