Foreign National Offender Removal Flights

Stephen Kinnock Excerpts

Wednesday 18th May 2022 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

I thank the Minister for advance sight of his statement.

The first duty of the British Government is to keep the British people safe, and the Home Office has a responsibility to make sure that rules are fairly enforced, but Ministers are failing to do so and they are blaming everyone else for their failings. The Home Office must deport dangerous foreign criminals who have no right to be in our country and who should be returned to the country of their citizenship, which is precisely why the last Labour Government introduced stronger laws to that effect. The Home Office also has a responsibility to get its deportation decisions right. As the Government have themselves admitted, during the Windrush scandal the Home Office made grave errors in both detention and deportation decisions, and it is currently failing on all counts.

The Opposition are committed to the principles of an immigration system that is firm, fair and well managed. First and foremost, it is deeply troubling that a number of expert reports over recent years have pointed to how Home Office failures have resulted in fewer foreign criminals being deported than should be the case. Indeed, in 2015, the independent chief inspector of borders and immigration stated that one in three failures to deport foreign criminals was a result of Home Office failure. Fast-forward to 2022, and the latest immigration figures show that the Home Office is still failing miserably in this regard.

Under the current Prime Minister and Home Secretary, there has been a stark decline in the number of foreign national offenders being returned and deported. In the year ending September 2021, 2,732 foreign national offenders were returned from the UK—20% fewer than the previous year and 47% fewer than in 2019, the year before the pandemic began. Foreign national offender returns had already fallen to 5,128 in 2019. Even more staggering is the fact that, according to a 2019 Public Accounts Committee report, the Home Office had to release six in every 10 migrant detainees whom the Department wanted to deport, and it simply could not explain why this was happening.

The PAC also raised concerns about the need for earlier and better legal advice, which would make it more likely that decisions were accurate and robust, rather than being overturned due to poor decisions later in the process. The Minister will know that the Windrush report identified “low-quality decision-making” and an “irrational…approach to individuals”, and the follow-up report stated that

“there are many examples where the department has not made progress…at all”

on this matter. The level of sheer incompetence is not only a threat to our security; it ultimately erodes the confidence of the British public and foreign nationals alike, because the system fails to fulfil the basic crucial principles of being firm, fair and well managed. The Minister refers to rape, but it is this Government who have presided over rape prosecutions falling to a shameful 1.3%.

The Home Office needs to get this right, but the Minister’s statement was long on bluff and bluster but contained absolutely no substance whatsoever. Perhaps he could therefore answer the following questions: how many foreign offenders have absconded in the last 12 months? What specific steps have been taken to learn the lessons of the Windrush scandal to ensure that this shameful episode is never repeated? Does the Home Office actually have a plan that will address the currently shambolic nature of the deportation system?

The British people deserve better than this. Rather than coming to the Dispatch Box to engage in a frankly rather childish and petulant rant, based on the blame game and finger pointing, the Minister should instead be coming to this Chamber to set out what the Government are actually going to do to fix this broken system.

[Tom Pursglove]

I am grateful to the shadow Minister for his contribution, but let me deal with some facts in responding to it. First, I can be very clear for the House’s benefit that more than 10,000 foreign national offenders have been removed from our country since 2019. [Interruption.] Opposition Members are making lots of gestures, but one thing they will recognise, I am sure, is that we have had a pandemic during the last two years, and I think all Members probably realise and recognise the impact that that has had on business as usual in the returns and deportation space. I can also confirm for the House that the vast majority of removals from our country are to European economic area countries, and of course that applies to enforced returns.

The hon. Member mentioned Windrush. This issue is of course completely unrelated to Windrush. None of those being returned are British citizens or nationals, or members of the Windrush generation. Each person’s return is considered on its individual merits and carefully assessed against a background of relevant case law and in the light of published country information, which covers country-specific issues. The case of each person being returned on a charter to Jamaica is referred to the Windrush taskforce, and it is right and proper that that work is done. I can also add—[Interruption.] Well, it is right that this is done properly. Legal aid was also raised. Of course, people can access legal support in detention in the usual way.

The Blair and Brown Governments took an entirely pragmatic and eminently sensible approach to these matters. [Interruption.] Well, I give credit where it is due. Opposition Members criticise, but I will give credit to former Labour Home Secretaries who did the right thing and were committed to ensuring that our laws are upheld, and it is the UK Borders Act 2007 that governs this.

Often, the Opposition talk tough on serious violence, but when they have the opportunity they want, entirely optionally, to let out those who have committed serious violence on our streets, when there are options available to remove them from our country. Labour had the opportunity to change things for the better, but oh no, as always they carp from the sidelines but never have a plan.