Foreign National Prisoners

Philip Hollobone Excerpts

Tuesday 22nd June 2010 Westminster Hall

[Mr Philip Hollobone (Kettering) (Con)]

I welcome you to the Chair, Mr Weir. I thank Mr Speaker for allowing me to have the debate and I congratulate the new Justice Minister on his well deserved appointment.

I have come here today, on behalf of my constituents in Kettering, to advance a proposal that would save Her Majesty’s Government quite a substantial sum of money and free up quite a large amount of prison space, and that would enable us to advance a sensible policy on law and order—putting criminals behind bars so that they cause less crime. The proposal is basically that we should send back to secure detention in their own countries the 11,500 foreign national prisoners in our jails.

Those 11,500 foreign nationals make up some 13% of the present prison population. It is a staggeringly large figure, and I understand that it has more than doubled in the past 15 years. The figures available to me show that in England and Wales, as of 30 June 1995, there were just over 4,000 foreign nationals in our jails. I believe that the latest figure is some 11,500. I should be grateful for the Minister’s confirmation of what the most up-to-date figure is.

I also understand that, on average, foreign national prisoners serve nine to 10 months in jail, including for some extremely serious offences, and that the numbers of foreign national prisoners are now so large that we have dedicated whole prisons to holding just them. I should welcome the Minister’s confirmation that HMP Canterbury, HMP Bullwood Hall and HMP Morton Hall are reserved, either entirely or almost entirely, for foreign nationals. This is a national disgrace. We cannot go on like this. We should arrive at a sensible situation in which we can return these people, who have done very bad things in our country and abused our trust, to serve out their sentences in their own countries.

It is no exaggeration to say that Britain has become the “United Nations of crime”. I understand that we are now paying for the board and lodging of criminals from some 160 countries, out of only 192 recognised countries; 80% of the world’s nations are represented in our jails, and there are some pretty nasty people. Apparently, one third have been convicted of violence or sexual offences and almost one fifth are guilty of drug crimes. Other offences include robbery, burglary and fraud. They come from some pretty exotic places. Apparently, 10 countries account for almost half these foreign offenders, with the leading countries in the league of shame, according to the numbers as of 18 December 2009, being Jamaica with 963, Nigeria with 752, the Republic of Ireland with 647, Vietnam with 620 and Poland with 617. By my reckoning, those top five countries as of last December accounted for 3,599 foreign national prisoners—one third of the total.

My contention is that we ought to send these people back to their country of origin. I am not a lawyer, and I am rather pleased that I am not a lawyer, but I understand that there are weighted meanings to words that most of us would regard as meaning the same thing. Repatriation, I understand, is different from deportation, which is different from removal, but to my constituents in Kettering, they all basically mean the same thing. We want these nasty people back in their countries of origin. I am not particularly fussed as to whether they are repatriated, deported or removed—I just want them there, not here.

I understand that until very recently, we did not really have any kind of prisoner transfer arrangements with any countries in the world. We then established some voluntary agreements so that prisoners could be transferred if they volunteered, and very recently we have just begun to look at compulsory transfer agreements. I would like to see more of those. I was pursuing the matter with the previous Government and not getting very far. I hope that with the enlightened good offices of the new and far-sighted Minister, we shall make rather better progress.

In the questions that I have asked so far, I have concentrated on the countries at the top of the list of shame, because that seemed a sensible place to start. I asked whether there were agreements in place with Jamaica. That is a Commonwealth country, to which we send very large amounts of development aid each year. My understanding is that a transfer agreement is in place. It was signed in 2007. However, it is still subject to ratification and also requires legislation in the Jamaican Parliament. I am unclear about whether it is a compulsory transfer agreement or just a voluntary one.

[Mr Peter Bone (Wellingborough) (Con)]

I am grateful to my hon. Friend for securing such an important debate. Does he know that our coalition partners were far ahead of us on this issue? In their wonderful manifesto, “change that works for you”, they say on page 76 that they will

“Prioritise deportation efforts on criminals”.

Our coalition partners should be congratulated on that, and we should follow their lead.

[Mr Hollobone]

I am grateful for that most helpful intervention from my hon. Friend, who I know has a prison in his constituency. I am sure that there are foreign nationals there as well. Of course, that is not the only policy from which we should learn a lesson from our coalition partners. It is a very helpful move forward.

Nigeria is second in the list of shame, with 752 prisoners as of December. I understand that we are looking for a compulsory transfer agreement with that country. Again, it is in the Commonwealth. I understand that a Bill is before the Nigerian National Assembly. I hope that we are using our diplomatic efforts abroad to encourage these countries to get a move on.

I also understand that at the end of last year, the United Kingdom brought into force the additional protocol to the Council of Europe convention on the transfer of sentenced persons. That took place on 1 November. Under the additional protocol, the United Kingdom can transfer prisoners, without their consent, to 34 signatory countries, provided that the prisoner is subject to a deportation order. The consent of the receiving state is required in each case. However, the written answer that I received on 1 February 2010 stated:

“To date no prisoners have been transferred under these arrangements.”—[Official Report, 1 February 2010; Vol. 505, c. 115W.]

Thirty-five countries are affected by compulsory prisoner transfer agreements, and of those 35, most are in Europe. There are 3,069 foreign national prisoners from the 35 countries in British jails, which is 28% of the total. The list of shame in this case is headed by the Republic of Ireland, with 647; Poland has 617; in third place is Romania with 357; Lithuania comes in fourth at 330; France is number five with 163—and so the list goes on. I also understand that we have an agreement for compulsory transfer with Libya but, to date, no prisoners have been transferred under those arrangements, although I understand that Scotland has been involved in sending prisoners back to that country even if England and Wales have not.

I should very much like to find out from the Minister the cost of keeping a prisoner in jail for a year; I understand that it is about £30,000 to £40,000. Given that there are 11,500 foreign national prisoners—again, the number is to be confirmed by my hon. Friend—that would imply that the cost to this country of keeping those nasty people in British jails is something between £300 million and £400 million a year. That is a substantial amount.

[Mr Bone]

My hon. Friend is being extremely generous in giving way. Matters go further than he has described. Wellingborough prison is in my constituency, and it is overcrowded all the time. Its prison officers, who do a wonderful job, tell me that they never have enough time to work with prisoners and get them educated, so that when they go back on the streets, they reoffend instead of being model citizens. That is partly due to the overcrowding, which is caused by there being so many foreign national prisoners.

[Mr Hollobone]

My hon. Friend makes an excellent point. The purpose of prison, in denying people their liberty, is to be a punishment, but it is also to rehabilitate them so that, when they go back into the real world, they do not reoffend. If we are having to spend such a length of time dealing with people, many of whom do not speak English and do not understand our customs and how we do things in this country, it makes prison officers’ jobs, which are already very difficult, far more difficult and challenging. That will have an impact on the rehabilitation of British prisoners, who are likely to stay in this country for a long time.

[Mr Julian Brazier (Canterbury) (Con)]

I am extremely grateful to my hon. Friend for giving way during his very powerful and important speech. Canterbury prison is in my constituency, and it is entirely composed of foreign prisoners. At stake is not only the cost, both financial and in management terms, of the prisoners, whose numbers almost trebled under the previous Government from 4,000 to 11,500, but the issue of deportation at the end of sentence.

We have several bad cases in my constituency. A woman who calls herself Sheena Daniels is perhaps the worst case of a person whom judges recommended for deportation. Somehow or other, she has claimed be a Zimbabwean—although I am told that she has a Nigerian name and a west African accent—and on the strength of that has finally received exceptional leave to remain. The judicial recommendation to deport has been abandoned, so that the community where she and her family have continued to commit criminal offences is suffering.

--- Later in debate ---

[Mr Hollobone]

My hon. Friend makes a very good point, and what a shocking case that is. Sadly, I do not think that it is the exception; I would have thought that it was probably fairly typical. Let us get things clear. These people have come to this country. They have abused our trust. They have committed offences so bad that even our creaky, criminal justice system has actually sent them to jail. I very much doubt whether they ever serve their sentences in full, given that most British prisoners do not.

A few years ago, there were lots of such cases, and there was a scandal about people not being automatically deported to where they came from. It is therefore important that, if foreign national prisoners complete their sentences, they should be deported. In my view, they should all be deported, repatriated or removed—whatever the legal term is—at the end of their sentences. However, I would go further and say that in-sentence prisoners need to be sent back to their countries of origin because of the costs that we are having to pay to keep them in British jails.

If the coalition Government were to take sensible steps to address the problem, especially with our European partners and our Commonwealth compatriots, we could make real progress in freeing up the prison space that our country badly needs. We could then send more prisoners from this country to jail. We know that too many people are not going to prison because magistrates and others are under direction to try to keep them out of prison, as there is not enough space. Given that 13% of our prison population is made up of foreign nationals, it is obvious to me that if we tackled this issue sensibly, we could make real progress on a wide variety of fronts.