(9 years, 5 months ago)
Commons ChamberI can tell the hon. Gentleman that the number of foreign national offenders in our prisons doubled when his Government were in power. This Government have brought the number down: from 11,135 in June 2010 to 10,503. He is of course right that we have further work to do. We have signed prisoner transfer agreements with Nigeria, Somaliland and Albania, and we are actively making sure that European Union prisoner transfer arrangements take place, notably with Poland at the end of next year. We are absolutely focused on continuing to make progress on this important issue.
When a foreign national commits a crime in the United Kingdom, they should be sent back to where they came from and banned from ever returning. Should we not also compulsorily transfer prisoners from our jails to prisons in their own countries? What new compulsory transfer agreements are the Government working on?
I commend my hon. Friend’s persistence, as always, on this issue. The introduction of the Immigration Act 2014 will make a significant difference. It gives us the ability to deport people first, allowing foreign national offenders to appeal in their home country later. We have reduced the number of appeal options from 17 to four, which is starting to make a difference.
(9 years, 6 months ago)
Commons ChamberThere is a substantial and comprehensive training programme, which is under the overall supervision of the Judicial College. I will write to the hon. Lady giving a full and detailed answer—or, rather, the Minister responsible will.
Why do magistrates have to retire at 70? We are losing years of experience from willing volunteers. I think that the regulations should be scrapped, so that hundreds more people could continue to serve in our magistrates courts.
I understand exactly where my hon. Friend is coming from. That sort of experience is important. However, we must also bring young people into the magistrates service, otherwise there would be no throughput in the system.
(9 years, 8 months ago)
Commons ChamberIn order to prevent foreign national offenders from committing further crimes in this country, what steps are being taken together with the Home Office to ban them from returning to the United Kingdom once they are repatriated?
The deportation process should mean that these people are not entitled to re-enter the UK. Of course, the increased sharing of data between European police forces is one way of ensuring that we know who they are before they try to enter the country and that they do not return. My hon. Friend and I share the same ambition of ensuring that people who have committed terrible crimes in other countries simply cannot come to live here.
I simply reiterate that we have tried to drive through the necessary change to meet a financial challenge in the most sensitive way possible. The changes that the hon. Lady describes in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were considered in detail in this House and the other place. Time again I hear from the Opposition Benches that Labour would do things differently, but although Labour Members have said that they will match our spending plans, they have yet to give any sense of what they would do to save money elsewhere.
How many foreign national offenders are in our prisons, and what steps are being taken to return them to secure detention in their own countries?
As always, I commend my hon. Friend’s persistence on this issue. There are 10,319 foreign national offenders in custody—down from 11,153 in May 2010—and that figure is the lowest for the end of any quarter since March 2006. That is in marked contrast to the Labour Government under whom the number of foreign national offenders doubled.
(9 years, 9 months ago)
Commons ChamberThe latter part of the question does not even warrant an answer. On the first part of the question, net migration was actually higher when the Labour party was in. When Labour left it was down, but it was higher under the Labour party.
The hon. Members for Hackney North and Stoke Newington (Ms Abbott) and for Brighton, Pavilion (Caroline Lucas) are completely wrong to conflate those of us who are concerned about immigration with feelings against migrants; similarly, those of us who are concerned about immigration in the ‘80s and ‘90s were accused of being racists. People in this country feel that the level of immigration is too high and they will never forgive the Labour Government for letting in a net 2.5 million people during their term of office. Will the Minister tell the House why the number of non-EU migrants coming into this country has been increasing in the latest figures? This is not just an EU problem; it is a world problem, which the Government have failed to tackle.
Net migration from outside the EU is down 25%, because of the measures we have been working on. I accept that in the last figures the level went up, but since this Government came into office it has gone down by 25%. The reason people want to come to this country is the excellent economic prospects as a result of this coalition Government, rather than the mess left by the previous Administration.
(9 years, 9 months ago)
Commons ChamberI understand the point my hon. Friend makes, but perhaps that is the standard advice given by the police on all occasions. I can tell him, however, that absconds and escapes have fallen by 80% over the past decade, so we have got better at this, but of course we will try to ensure that no one escapes or absconds.
What programmes are undertaken in prison to help prisoners modify their violent behaviour, and do they have to pass such courses before they are even considered for transfer?
We are undertaking more detailed risk assessments than there were in the past, but my hon. Friend raises an important point. Members should be aware that the number of people sent to prison for violent offences has increased by 40% over the past decade. However, I have seen very good violence reduction programmes in our prisons and am looking to spread those as widely as possible.
It is crucial that the sufferers of this horrible disease get the full compensation they are due. We are working closely with victims groups and various other groups, as I mentioned earlier, to ensure that the process is as simple and easy as possible and that the compensation that is rightfully due to them and others is received as quickly as possible.
How many foreign national offenders are there in our prisons and what steps have been taken to return them to serve out their sentences in their countries of origin?
May I first commend my hon. Friend for persistently and regularly raising this issue? He is right to do so and I have no doubt that he will go on doing so. I can tell him that this Government, unlike the last, have removed more than 22,000 foreign national offenders. Their numbers doubled under the previous Government, but we are bringing their numbers down. Specifically, I can tell my hon. Friend that at the end of September there were 10,319 foreign national offenders in prison, fewer than the 11,153 in May 2010. The figure is down 515 from that in the answer I gave him in September’s oral questions.
(9 years, 9 months ago)
Commons ChamberOn the latter point, I am not aware of that. Of course, it would not be a matter for my Department, because none of the security services falls within it. It is therefore a question that my hon. Friend would have to raise with other Ministers. Certainly, no such surveillance has passed my desk.
On the former point, this matter arose because of the chance spotting of a name on a list during another investigation, following an allegation by a prisoner that did not relate to the calls of Members of Parliament being listened to. It took two goes with the BT telephone records to identify the nature of the problem. This practice has gone unnoticed because it genuinely was not obvious that it was happening and there was no easy way to discover it. It was only when a clue arose that there may be a problem that there was a trail to follow. That is why it has taken time.
I appreciate that the investigation will unearth all the details, but going by the information that the Lord Chancellor has, does he think that this is a problem in a few prisons or in 32 prisons?
It is difficult to be certain, but I suspect that it is not a problem right across the prison estate. We will have to ensure that the standards in the best prisons are spread to those that are not meeting those standards. It is difficult to know at this stage whether it is a matter of inappropriate staff training or just of it being difficult to spot the name of an MP if they have not been identified. I expect that Nick Hardwick will give us that information and enable us to make appropriate changes.
(9 years, 10 months ago)
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It is a huge pleasure to serve under your distinguished chairmanship, Mr Caton. I thank Mr Speaker for granting me the honour of securing today’s debate. I welcome to the debate my right hon. Friend the Minister, who serves in both the Home Office and the Ministry of Justice. I know that he takes a great interest in these important matters.
My contention on behalf of my constituents in Kettering is that far too many foreign national offenders are being held in British prisons. Do not get me wrong: it is excellent that so many criminals are being caught and sentenced, but such people need to serve their sentences in secure detention in prisons in their own country, because the cost to the British taxpayer is north of £300 million a year. At a time of severe constraints on public expenditure, that is far too large a bill to ask British taxpayers to pay.
My understanding is that England and Wales have a prison population of something like 85,000 prisoners; no doubt the Minister will be able to update the House with the very latest figures when he responds. I understand that 10,834 of those 85,000 are foreign national offenders; again, I am sure that the Minister will want to provide the House with the exact figures. I am a bear of little brain, but I estimate that that means that foreign national offenders make up something like 13% of our prison population.
Both the number of foreign national offenders and the total number of prisoners in British prisons have increased markedly since the early days of the previous Government, thanks in large part to the tougher criminal justice policies pursued by the previous Conservative Government, the previous Labour Government, and the current coalition Government. That is a good thing; criminals are being brought to justice and are serving longer in prison, and my constituents support that. However, having almost 11,000 foreign national offenders gives us huge problems. Our prison system is basically full, yet 13% of prisoners are foreign nationals. Public expenditure is tight, yet we are spending more than £300 million a year on these people. I understand that a number of Her Majesty’s prisons are devoted entirely to housing foreign national offenders. I am sure that the Minister will correct me if I am wrong, but I understand that HMP Canterbury and HMP Bullwood Hall are devoted entirely to housing foreign national offenders.
Our jails are host to foreign criminals from 160 countries around the world; indeed, 80% of the world’s nations are represented in British prisons. Something like a third of them have been convicted of violent and sexual offences, a fifth have been convicted of drugs offences, and others have been convicted of burglary, robbery, fraud and other serious crimes. Although 160 countries are represented in our prisons, something like 57% of the total foreign national prisoner population comes from just 12 nations.
I shall read out the list of shame: top of the polls is Poland, with 938 foreign national offenders in our jails; second is Ireland, with 779; third is Jamaica, with 737; in equal fourth place are Romania and Pakistan, each with 547; sixth is Lithuania, with 502; seventh is Nigeria, with 469; eighth is Somalia, with 430; ninth is India, with 426; 10th is Bangladesh, with 276; 11th is Albania, with 275; and 12th is Vietnam, with 247. I am sure that the Minister will correct me if any of those numbers are wrong or should be updated, but those 12 countries have the biggest national populations in our prisons, making up 57% of the total—that is 6,174 prisoners.
I congratulate my hon. Friend on securing such an important debate and addressing an issue that affects a lot of us. Does he agree that one way to resolve the problem is to use the budgets of both the Department for International Development and the Ministry of Justice to improve prisons in countries such as Jamaica—I have visited Kingston prison, where some UK nationals and almost 1,000 Jamaicans were being held—thereby allowing prisoners to be returned to a human-rights-compliant jail in their homeland?
I am most grateful to my hon. Friend for his intervention; he knows a lot about the subject, and I congratulate him on taking the initiative to visit the prison in Kingston. There cannot be many Members of the House who have visited Kingston prison, so I applaud my hon. Friend for his endeavour. He makes an extremely sensible suggestion, but I must say that I do not think that my constituents in Kettering are particularly fussed about the human rights of foreign nationals who commit crimes in this country. However, I understand that, as things stand, we operate under human rights legislation introduced by the previous Government and are not allowed in law to deport criminals to non-human-rights-compliant prisons.
It would make sense to use the huge and increasing international aid budget to build suitable prisons in countries that provide us with a large number of prisoners. That is a good idea. Indeed, earlier this year I asked the then Minister of State, Department for International Development, my right hon. Friend the Member for Rutland and Melton (Sir Alan Duncan), how much we give in aid each year to Jamaica, Pakistan, Nigeria, Somalia, India and Bangladesh. The answer was that for 2012—one year—we gave them £973 million. Those six countries provide us with 2,900 foreign national offenders, which is more than a quarter of the total number of foreign national offenders. It costs this country more than £100 million a year to incarcerate these people in our jails. It would be a good idea to spend some of that £973 million on building prisons in those six countries.
What my hon. Friend is describing is not a novel idea. The Government have supported similar ideas in other countries: I believe that Haiti is one such case, and the Jamaican example is the one that is closest to happening. I hate to say it, but the project has stalled because there have been difficulties with the MOJ and DFID budgets and with driving the matter forward through civil servants and Ministers, and there have also been problems with getting agreement with the Jamaican Government. Nevertheless, where there is a will to deport these gentlemen, there is definitely a way.
That is absolutely right. In that regard, I have great hopes for my right hon. Friend the Minister, because I am sure that if something can be achieved, he will achieve it. I would go so far as to say that we should make our international aid to these countries conditional on their acceptance of a prison-building programme—we should not give them international aid if they do not co-operate with us on this issue.
Again, I would be happy to be corrected if I am wrong, but I understand that we have been pursuing a compulsory prisoner transfer agreement with Jamaica for ages, but it is still subject to ratification by the Jamaican Government. We have only a voluntary prisoner transfer agreement with Pakistan. We have, at last, a compulsory prisoner transfer agreement with Nigeria, and I hope that the Minister will tell the House how many hundreds of Nigerians await deportation to that country. We do not have a prisoner transfer agreement of any sort with Somalia or Bangladesh, and we have only a voluntary prisoner transfer agreement with India. These six countries provide us with 25% of our foreign national offender population; we give them the best part of £1 billion a year in international aid; yet they are not co-operating with us in any sensible, meaningful way on taking back their nationals who have committed criminal offences in this country.
There is good news on EU criminals in our jails—it is not good news for them, but good news for us as British taxpayers—because there is now an EU-wide compulsory prisoner transfer agreement, whereby EU nationals convicted and imprisoned in our country can be sent back against their will to their country of origin. That applies so long as prisoners come from another EU state. However, my understanding is that only 14 of the EU states have ratified that legislation. Again, I would welcome an update from the Minister on that.
Poland, which is top of the list with almost 1,000 of its nationals in our prisons, has a specific derogation from accepting prisoner transfers under that EU agreement until the end of December 2016. That is an absolute outrage. Why should we pay to accommodate criminals who have come to this country from Poland? Poland should be securing those people in secure detention back in Poland, at the expense of Polish taxpayers. It is okay for there to be no restrictions at all on eastern Europeans coming to the United Kingdom; apparently that is fine—more than 1 million people from eastern Europe live, work or claim benefits in this country—but we are not allowed to send back to eastern Europe, and Poland in particular, nationals from those countries, including Polish nationals, who have been convicted, found guilty and imprisoned for serious criminal offences, and who are incarcerated in jail in this country. My constituents in Kettering, and I suspect most of the population at large, are outraged that this situation has been allowed to develop.
I am sure we can all agree that this is a serious issue that needs to be tackled; indeed, some distinguished figures have said as much. The Lord Chancellor and Secretary of State for Justice told me in November 2012:
“The prisons Minister…and I have met our Jamaican counterparts during the last few weeks. We are focusing our efforts to negotiate compulsory transfer agreements on the countries where the problem is greatest.” —[Official Report, 13 November 2012; Vol. 553, c. 165.]
That is great, but we still await these compulsory transfer agreements.
The Prime Minister said to me on the Floor of the House in July 2013:
“We have held specific National Security Council discussions about prisoner transfers and about foreign national offenders, because I think that we need to do much better in getting people out of our jails and back to the countries where they belong. We are making some progress, but it is hard work. This European Union agreement is a potential benefit for us and we have to do everything we can, both at the European Council and bilaterally with other countries, to get them to sign and implement. That is a programme that the Government are very much working on.”—[Official Report, 2 July 2013; Vol. 565, c. 773.]
That was in July 2013, but not much progress has been made since then, because the figures I have show that in March 2013 there were 10,735 foreign national offenders in our jails, whereas I think the latest number is 10,834.
The Lord Chancellor and Secretary of State for Justice said to me in June:
“This is a matter of great concern to Ministers. We are also seeking to speed up the formal deportation process through the Home Office. We need to reduce the numbers significantly, but it is proving to be a more stubborn and difficult task than any of us would wish.”—[Official Report, 16 June 2014; Vol. 582, c. 852.]
That is right, but we need to co-ordinate our efforts as a Government to tackle this problem. That is why I am delighted that my right hon. Friend the Minister for Policing, Criminal Justice and Victims is in his post, because he has a desk not only in the Home Office but in the Ministry of Justice, and so is uniquely placed to knock heads together in the two Departments to ensure that action is taken.
I am not a lawyer, and I am rather proud of that fact. I do not understand all the legal niceties about the differences between deportation, transfer, removal and repatriation. Apparently, all these terms have highly technical and specific meanings, but basically my constituents in Kettering and I want to see these foreign national offenders removed from here to there, and incarcerated at the expense of their own taxpayers.
More than that, once those people have left our shores, we want them to be banned from ever returning. That is why I introduced a Bill in the last Session of Parliament, called the Foreign National Offenders (Exclusion from the United Kingdom) Bill, which would exclude those people from the UK once they had been found guilty of a criminal offence on our shores and basically been forced to leave. I do not see why they should ever be allowed back into our country once they have been found guilty of, and imprisoned for, a serious offence.
This is an issue of serious concern. If we get it right, we would not only free up almost 11,000 spaces in our overcrowded prisons but save the British taxpayer north of £300 million every year. Some of the most senior politicians in the land have said that they recognise that this issue is a problem, and that they want to solve it. I say to them, through my right hon. Friend the Minister, that they have had long enough to do that, so please will he put a rocket under this issue to ensure that it is tackled once and for all?
(9 years, 11 months ago)
Commons ChamberI absolutely agree, which is why I think that a combination of the efforts that this Government are putting into that—the work being done to increase the number of employment opportunities within prisons; the work being done by the Work programme to help the long-term unemployed, particularly those who have been offenders; and, indeed, this Government’s great success in creating a fast-improving labour market—are all contributing to tackling the problem to which my hon. Friend rightly refers.
7. Whether the offence of treason is available for use by prosecuting authorities against UK citizens participating in jihad in the middle east.
The coalition Government take very seriously the potential threat posed by a small number of British citizens who have travelled abroad and participated in conflicts in Syria and Iraq. Those who participate in foreign conflicts may be prosecuted for offences such as terrorism under the Terrorism Acts 2000 and 2006, murder or conspiracy to commit murder, and offences under the International Criminal Court Act 2001 for breaches of international humanitarian law. It is of course the case that treason remains on the statute book, although the last prosecution was in 1945.
ISIS, al-Qaeda and other groups are sworn enemies of our country and hate everything we stand for, and British citizens who go abroad to take part in jihad—or holy war—are giving aid and comfort to the Queen’s enemies. The British public want to see some exemplary prosecutions for treason so that the seriousness of this international terrorist activity can be fully and properly recognised.
I hear what the hon. Gentleman says. All Ministers in all Departments are very clear both that we need to use effectively the powers we already have and that we have to take new powers, which have been announced by the Prime Minister, to fill any potential gaps in the protections we have. The powers will be targeted, proportionate and effective, and they will ensure that we meet our commitment to international law and human rights.
As a Liberal Democrat Minister, may I make it absolutely clear on behalf of all the team in the Ministry of Justice that we as a Government will take all the measures necessary to keep our country safe? We have already announced that there will be new powers to take passports from people temporarily while investigations are made to prevent them from travelling to places such as Syria and Iraq.
The colour is green; we are proceeding successfully with an issue that the right hon. Gentleman and his colleagues never dealt with. A third of those who have community orders, and a third of those with long sentences, reoffend within a year, but the figure is nearly six out of 10 for those on short sentences. We are going to deal with that issue now.
How many foreign national offenders are there in our prisons, and what concrete steps are being taken to send them back to secure custody in their own countries?
We have 10,834 foreign national offenders in our prisons. We have signed prisoner transfer agreements with the European Union, Albania and Nigeria and, as I said in an earlier answer, we removed 5,097 foreign national offenders last year. I can assure my hon. Friend that this is a priority for me, as it is for him.
(10 years, 1 month ago)
Commons ChamberI agree with my hon. Friend. It is important to look at what the Immigration Act will do. It will enable a better balance between the interests of the general public and the interests of the individual who is claiming, for example, that they have a right to a private and family life under article 8 of the European convention on human rights. As I said a moment ago, the Act will also restrict the number of appeals that individual has. But I think we can do more, and, as he knows, if the country has a Conservative Government after the next general election we will see further changes to our human rights legislation.
If these countries will not take their nationals back why can we not send them the bill?
As my hon. Friend knows, I think that the best thing for us to do is to send them back, but inevitably the difficulties that we have spoken of this morning will get in the way. That is why we are doing what we are. He is well aware that this Government are utterly committed on this issue. We would certainly like there to be more removals under compulsory prisoner transfer agreements. He may know, as may the House, that the number achieved under those agreements by the previous Government was not high, although it was at least a round number.
(10 years, 2 months ago)
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I assure my hon. Friend that I am well aware of the situation in Wellingborough, and I do not intend to take any steps to dispose of that prison, because it is sensible for us to have reserve capacity available. I have no immediate plans to change the status of Wellingborough from being a mothballed site.
A prison population of 86,000 would be far nearer 75,000 were it not for the large number of foreign national offenders in our jails. Surely it is possible to negotiate with the high-volume countries, such as Nigeria, Jamaica and Pakistan, for them to take back their offenders. If they will not, we should send them the bill, which is approaching £300 million a year. Will the Secretary of State put this issue at the top of his to-do list to address the issue of the number of people in our jails?
As my hon. Friend knows, this is a matter of great concern to Ministers. We are also seeking to speed up the formal deportation process through the Home Office. We need to reduce the numbers significantly, but it is proving to be a more stubborn and difficult task than any of us would wish. My hon. Friend should not, however, believe that we have anything other than a clear aspiration to do this. The sooner we can reduce that population, the sooner we can ease some of the other pressures on our prison system, or put in prison one or two other people we might want to see there.