Foreign National Offenders (Exclusion from the UK) Bill
Debate between Philip Hollobone and David Nuttall(9 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Hollobone
I am most grateful to my hon. Friend for his pertinent intervention and question. He demonstrates not only his attention to detail and his determination to ensure that he represents his constituents here on a Friday, but that he can get straight to the nub of the issue. He is as concerned as I am about the cost to his constituents of any aspect of Government expenditure. The answer to his question is that if there are 10,500 foreign national offenders in our prisons, the estimated cost is something like £300 million a year. The Home Office figure for the cost of imprisoning a prisoner is something like £26,000.
Mr Hollobone
I would be delighted to give way to my hon. Friend in just a moment, once I have answered the question of my hon. Friend the Member for Crawley. I did promise to give way to my hon. Friend the Member for Calder Valley (Craig Whittaker)—I keep thinking of Hebden Bridge, which is in his constituency—but then I will give way to my hon. Friend the Member for Bury North. I think that the figure is £26,000.
Mr Hollobone
I will give way to the hon. Gentleman after I give way to my hon. Friend the Member for Bury North, to whom I promised to give way some time ago.
Mr Nuttall
I just wanted to answer specifically the question that my hon. Friend posed a moment or two ago regarding the exact costs of placing a prisoner in secure accommodation. The latest figures are taken from the National Offender Management Service annual report and accounts for 2014-15, which was released on 29 October last year. They reveal that the costs per place are £36,259 a year, and the costs per prisoner are £33,291 a year.
Mr Hollobone
I am most grateful to my hon. Friend for that informative intervention. I congratulate him, as I always do, on the extent of his reading in his own private time outside of this place. If he is reading national offender management statistics with that level of detail, it shows that he spends a great of his own personal time researching issues that are important to his constituency.
Mr Hollobone
That is an extremely good question. The honest answer is that I do not know.
Mr Nuttall
May I suggest to my hon. Friend that one reason is that Poland might prefer this country’s taxpayers to pay the costs, rather than its own?
Mr David Nuttall (Bury North) (Con)
It is a pleasure, as always, to follow my hon. Friend the Member for Shipley (Philip Davies), who brings to the debate his own inimitable style and has demonstrated once again this morning his expertise on the whole issue of justice and home affairs, particularly the issue of foreign national offenders.
I thank my hon. Friend the Member for Kettering (Mr Hollobone) for picking up the baton at short notice and moving the Bill’s Second Reading on behalf of my hon. Friend the Member for Wellingborough (Mr Bone). He did so with great skill and demonstrated his own considerable expertise in this area. I am delighted to be one of the Bill’s supporters, because there is no doubt that it attempts to deal with a major problem that is of great concern to my own constituents.
My hon. Friend the Member for Wellingborough, in whose name the Bill stands, has demonstrated his considerable know-how in navigating the procedure for private Members’ Bills. The fact that he has managed to ensure that his Bill is at the top of a very long list of no less than 67 Bills set down for consideration today is evidence of that.
My hon. Friend should be commended for his perseverance with the Bill, because it is almost a year ago to the day—6 March 2015—when a previous version received its Second Reading. He noted at the time that he hoped that after the 2015 election, which was looming in the minds of all hon. Members a year ago, a Conservative Government would renegotiate the terms of our membership of the European Union and consequently make the Bill unnecessary, and that its proposed measures would be one of the red lines in the renegotiation.
As history has shown, my hon. Friend was right that a Conservative majority Government would be elected, but sadly he was wrong that they would insist that these matters would be a red line in the negotiations. Indeed, we now know that absolutely nothing was agreed in the negotiations to stop the free movement of people, which includes, of course, the free movement of foreign national offenders from within the European Union.
One reason my hon. Friend promoted the Bill again is the sheer scale of the problem of foreign-born individuals who commit crime in this country. I am not trying to suggest that everyone who comes here commits crime. It is all relative, and the scale of immigration into this country naturally brings with it an increase in the number of foreign national offenders.
According to figures provided by the House of Commons Library, between January and December 2014 there were approximately 5.3 million people with non-British nationality living in the UK, and a total of 8.3 million people who were born abroad. It is further estimated that, on top of that, some 25,800 asylum seekers entered the United Kingdom in 2014, and they were part of approximately 632,000 long-term international immigrants who entered during that year. On top of that are all those who are in the country illegally. For obvious reasons, it is difficult to be precise about the number of illegal immigrants, but there are many of them and, by definition, every single one of them has broken the law, because they have broken the terms of the Immigration Act 1971, as we heard last week on Second Reading of the Illegal Immigrants (Criminal Sanctions) Bill.
It is, perhaps, not surprising, given the huge number of foreign nationals living in our country, that some of them turn out to be wrong ’uns or bad apples. Each year, the Metropolitan police alone arrest, on average, 230,000 suspects, of whom 70,000 are foreign nationals. Only last month, the Daily Mail reported the staggering administrative costs involved in dealing with the arrests of foreign nationals, including the cost of interpreters.
It reported:
“Scotland Yard has arrested 11 people claiming to be from Dahomey—a West African nation which ceased to exist from 1975.”
That highlights the importance of checking, on arrest, the actual background of those arrested. The bill to the taxpayer for providing translators for suspects, witnesses and victims was £6.8 million between April 2014 and April 2015. The analysis by the Daily Mail showed that the translation bill worked out at an average of £100 per arrest of every foreign national.
Figures released following a freedom of information request showed that 227,535 people were arrested by the Metropolitan police in 2014, the latest year for which full figures are available. Of those, 159,294 were British nationals, and the remaining 68,241 were born abroad.
Mr Hollobone
I am enjoying my hon. Friend’s speech immensely. He is painting a very vivid picture of the wave of criminality that this country, and especially London, has experienced in recent years. Until recently, I served as a special constable with the British Transport police on the London Underground. I can tell him that something like eight or nine out of every 10 people arrested for pickpocketing on the underground in recent years were Romanians and Bulgarians, who had entered this country under the free movement regulations, for thieving from commuters.
Mr Nuttall
I am not surprised by my hon. Friend’s observation because I was going on to say that Romanians made up the largest group of foreign nationals arrested: 7,604 Romanian suspects were held, followed by 7,429 Polish, as well as 3,618 Lithuanians, 2,928 from India, 2,740 from Nigeria and 2,280 from Jamaica.
Mr Nuttall
My hon. Friend is right that much of the debate this morning has focused on the foreign national offenders who are in our jails, who, by definition, are those who have committed the most serious offences. As my hon. Friend the Member for Shipley said, even those who have committed 100 offences are more likely than not, when appearing before the courts, not to be sent to prison. When somebody is convicted of a minor offence, it is pretty difficult to sentence them to a term of imprisonment.
The latest figures from the Ministry of Justice on the prison population, up to 31 December last year, show that 978 foreign national offenders have committed crimes so serious that they are subject to extended determinate sentences. The same figures reveal that 2,399 foreign national offenders have sentences of less than four years, so those people could well be—and most likely will be—back on our streets before the next election.
The Under-Secretary of State for Justice, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), confirmed in a written answer on 23 March last year, in response to a question from the hon. Member for Wirral South (Alison McGovern), that the foreign national prison population in the UK included 1,657 people who had committed violence against the person, 1,035 who had committed a sexual offence, 1,192 who were in prison for drug offences, 527 who were in for robbery and 400 burglars.
Let me bring those thousands of offences to life with just one example. Mircea Gheorghiu is a Romanian national who served a six-year sentence for rape in Romania, where he had also been jailed twice for cutting timber without a licence. He reportedly entered the UK in 2002 following his release, after serving only two years and eight months of his sentence. He remained in the country while his wife and children stayed in Romania. In January 2007, Romania joined the EU, so he was allowed to stay in the UK. He was arrested for drink-driving and convicted in November 2007, and banned from driving for 20 months. When his criminal past was uncovered, the Home Office rightly deported him under the new “deport first, appeal later” scheme. However, following an appeal at the immigration tribunal, the press reported on 28 February that because Mr Gheorghiu was an EU citizen, incredibly he was allowed to return to the UK. Why? Because the two judges in the tribunal ruled that his crimes—he had originally been convicted of rape in Romania—were not serious enough to warrant deportation, and that EU citizens should be removed before their appeal hearings only in exceptional circumstances because of their right to free movement and the human right to family life.
Mr Hollobone
I am listening to my hon. Friend with great interest. He is bringing fresh information and new insight to the debate, and informatively extending the scope of our deliberations. Did the judges in that case give any indication of how serious a crime would have to be for deportation to be triggered?
Mr Nuttall
In truth I do not know whether they gave such examples, but I think that the ruling put future deportations at risk. Understandably, it will only serve to increase the sense of frustration that so many of our fellow citizens feel at how powerless this country now is to keep out convicted criminals.
Mr Nuttall
That provision already seems to have run into the quicksand, if I can put it like that. As my hon. Friend the Member for Shipley pointed out regarding the UK Borders Act 2007, despite the Home Office’s latest plan—at least it is trying to do something, to be fair to it—the will of elected Members of this House has yet again been frustrated by the judiciary, who seem to think they know better than those of us who represent our constituents.
Mr Hollobone
I am not a lawyer, which I am rather proud of—[Interruption.] Someone says, “Evidently”. Perhaps, but maybe those of us who are not lawyers are more in touch with the real world than those who have been. Is it the Human Rights Act or our membership of the European Union that is preventing deportations in cases such as he mentioned, or an element of both?
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.
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.
Mr Hollobone
Are these forms being sent to foreign national offenders in English, or are they in the language of the offender themselves? Or is there yet a further burden to the taxpayer in having to translate that document for the offenders to respond to them?
Mr Nuttall
That is a good point. I am sure my hon. Friend the Minister will know the answer to that question and will be able to enlighten my hon. Friend when we hear from her later in the proceedings. As my hon. Friend noted in his speech, foreign national offenders are from every corner of the globe. It would indeed be an enormous task to ensure that the form sent to each foreign national offender was in a language that that individual could understand. I rather wonder whether all the forms are sent out in English. That might go some way towards accounting for why fewer than half are returned to the Home Office.
There were 1,453 failed removals in 2013-14, and although 36% of the cases in which the Home Office tried to remove a person but could not occurred for reasons that the Home Office considered to be within its control, nearly two thirds of the remaining 930 were classified as being outside its control. If the Home Office has lost control of the process, I think it fair to ask who has that control.
Another issue that arises from the removal of foreign national offenders is the compensation that is payable to those against whom legal proceedings are taken by the Home Office, and who then take proceedings against the Home Office for unlawful detention. That, I think, is another reason why it is so important for the Bill to be passed and the law clarified. The National Audit Office reported that between 2012 and 2015, £6.2 million in compensation was awarded to 229 foreign national offenders. It really is a case of adding insult to injury. On average, about £27,000—approximately the average UK salary—had to be paid out following claims alleging breaches of the processes under the Immigration Act 1971 and the UK Borders Act 2007.
Not much has been said today about prisoner transfers. On 5 November 2014, when asked about transfer agreements, the permanent secretary to the Home Office said in evidence to the Public Accounts Committee:
“Most prison transfer agreements are with the consent of the prisoner, and that is worldwide. That has mostly been because we have tried to get Brits back to serve their sentences within the UK. The big change in the EU...is to make prison transfer compulsory—without the prisoner complying.”
The permanent secretary was referring to a fundamental change from the previously exclusively voluntary approach to international prison transfers. He went on to say:
“There are specific arrangements in place with the Irish Republic. For Poland, there is a stay in implementation while they improve their prison system.”
The Committee noted that over the past few years, the number of British nationals returned to UK prisons through the prison transfer agreements to complete their sentences had been about double the number of foreign national offenders being removed. Noting that imbalance, my hon. Friend the Member for Peterborough (Mr Jackson) observed during the oral evidence session:
“So we are actually not exporting criminals; we are importing criminals. One of our growth areas is importing foreign criminals. It takes a special genius to put in place a system under which we are net importing foreign criminals into our prison estate.”
There is clearly a real problem here. Surely we ought to be removing more foreign national offenders than we import. The problem is there are relatively few effective prison transfer agreements in place. Poland, which has the highest number of foreign national offenders on the prison estate, has been exempted until the end of this year.
The principle of exclusion or removal of foreign national offenders is at the heart of the Bill, and I think it would be helpful to be clear and simple about that process. I would have hoped that serious offenders would be prevented from entering the country in the first place, but sadly that is not always possible. There are many cases of criminals being allowed into the UK, where, not surprisingly, they commit further crimes. We must improve border checks, but once a foreign national is in the UK, if they commit a crime, the police must check their identity and check whether they have been engaged in any previous criminal activity. Clearly, the administrative process of removal should then be straightforward. If a foreign national is convicted, a caseworker should be attached and should determine as soon as possible whether there are likely to be any barriers to deportation. That could be an appeal based on human rights legislation, a lack of co-operation from the home country, or a lack of co-operation from the offender. If those problems were identified early, the relevant authorities could take action so that when the time for deportation came, it could proceed smoothly.
In his Policy Exchange speech on prison reform only last month, the Prime Minister spoke about action in this area. I agreed with him when he said:
“Of course, there is one group I do want out of prison much more quickly, instead of British taxpayers forking out for their bed and breakfast: and that is foreign national offenders.”
He announced plans to legislate to give the police new powers. In light of those comments, I hope we will hear from the Minister that the Government will support the Bill today.