Immigration Bill

Debate between Baroness May of Maidenhead and Julian Brazier

Thursday 30th January 2014 Commons Chamber

[Mrs May]

The reinstatement of somebody’s citizenship would not be automatic, but if they returned to the United Kingdom with the citizenship of another state and lived here for a period, their immigration status would be considered on the basis of their case.

[Mr Julian Brazier (Canterbury) (Con)]

I am most grateful to my right hon. Friend, who has been extraordinarily generous in giving way. I broadly support this measure, which addresses a small number of very serious cases, but can it be applied to somebody abroad at the time? If it can be so applied, how would any subsequent appeal handle sensitive intelligence material of the sort that clearly could not be allowed to go, for example, to Strasbourg?

[Mrs May]

The measure would apply to somebody who was abroad. One of the points that I have tried to make is that the measure is not just about people in the United Kingdom, but people outside it.

Abu Qatada (Deportation)

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 8th July 2013 Commons Chamber

[Mrs May]

I understand my hon. Friend’s point. I have already answered on a couple of occasions questions about the family of Abu Qatada. As I said, they will themselves have a decision to take about where they see their future.

[Mr Julian Brazier (Canterbury) (Con)]

I congratulate my right hon. Friend both on this excellent result and on her commitment to reviewing and, hopefully, reforming human rights legislation. However, we will not get away from what she calls the crazy interpretation of our human rights laws if we allow our judges a completely open-ended clause in the legislation containing an unspecified phrase such as “exceptional circumstances”.

[Mrs May]

I understand my hon. Friend’s point. We will, of course, need to look at those issues when we come to frame the legislation so that we can be clear as a Parliament about exactly the sort of circumstances we are looking at. However, I am sure that my hon. Friend will appreciate that there may be some circumstances in which it will not be possible to deport somebody, although we want to ensure that we can deport foreign-national prisoners as far as possible. We will set out, as we have already tried to in the immigration rules, the circumstances in which we expect that a foreign-national prisoner will not be allowed to remain in the UK on the basis of article 8 but will be deported.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 10th June 2013 Commons Chamber

[Mrs May]

I can assure the hon. Lady that the Government look carefully at all-party group reports on areas that relate to, or affect, the Home Office. On the changes that we propose to access to public services, and on the whole issue of people coming to join families, there is a principle, which is about being able to ensure that where people are accessing public services, they are services that they have contributed to. This is a great concern for many members of the public, and it is right for the Government to tighten it up.

[Mr Julian Brazier (Canterbury) (Con)]

I welcome everything that my right hon. Friend is doing in this area. May I urge her, in the context of the all-party group, to carry out a realistic assessment of how much it costs to support a family, especially in southern England, and of whether the limit of around £18,500 is high enough?

[Mrs May]

When we set the limit we did not just pluck a figure from thin air; we asked the independent Migration Advisory Committee to propose a figure. It proposed a range of numbers, from £18,600 to a higher figure. The Government chose to go with £18,600; we felt that was the appropriate figure to use, although, of course, the amount is higher for those who have children in the family. When there is one child, it goes up to £22,400, and it goes up for each further child thereafter. I assure my hon. Friend that the work was done independently by the Migration Advisory Committee.

Abu Qatada

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 12th November 2012 Commons Chamber

[Mrs May]

Obviously, we will look at every avenue that it would be appropriate to follow in order to uphold our case and to get what we all want, which is the deportation of Abu Qatada. If we look at the judgment, however, we can see that SIAC has been very clear about the vast majority of assurances in relation to the fair trial that Abu Qatada would receive, to his personal treatment, to his ability to have access to defence lawyers and so on. The problem lay with the one point about the admissibility of evidence and, even in that regard, the judgment refers to the fact that there would be the possibility of cross-examination in relation to such evidence. Justice Mitting still came to this decision, however. We will appeal it, and we will fight our case as strongly as we can.

[Mr Julian Brazier (Canterbury) (Con)]

Does my right hon. Friend agree that the concept of the rule of law, which this country played such a large role in developing, essentially involves a balance between the legislative, executive and judicial branches of the constitution, and that the combination of a European institution, which cannot be reformed by anybody, and a philosophy that is increasingly prevalent among our own courts, which imports ideas from outside British common law and outside statute, is undermining the confidence of the public in the rule of law in this country?

[Mrs May]

My hon. Friend has raised issues about which he has spoken on many occasions in the past, as have a number of my right hon. and hon. Friends. What the public want is to see Abu Qatada deported. We want to see Abu Qatada deported, and we are going to do everything we can within the rule of law to achieve that. It is still open to us to ask leave to appeal. We are doing that, and we will fight for that as hard as we can. We are doing everything in our power, working with the Jordanian Government, to ensure that we can bring about what the public want, which is the deportation of Abu Qatada.

Olympics (Security)

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 16th July 2012 Commons Chamber

[Mrs May]

I can reassure the right hon. Gentleman that all parties who were involved in preparations for the Olympic games have been working to monitor the arrangements for security and to monitor G4S, and last Wednesday—[Interruption.] On 6 July, G4S made clear its confidence in its plan, and last Wednesday, on 11 July, it said that it could not meet the numbers that it was required to provide. We have taken action to ensure that we provide the safe and secure games that I hope everybody in this House wants this country to have.

[Mr Julian Brazier (Canterbury) (Con)]

Will my right hon. Friend confirm that one group that has met its target is the reserve forces, more than 2,100 of whom have volunteered?

[Mrs May]

I am very pleased to confirm that. We have not just the finest regular military forces in the world, but wonderful reservists, who are willing to step up to the plate—including, of course, some in this House as well. I gather that 2,100 reservists have volunteered for the Olympic games. I pay tribute to them and to the work they will be doing.

European Convention on Human Rights

Debate between Baroness May of Maidenhead and Julian Brazier

Tuesday 19th June 2012 Commons Chamber

[Mrs May]

I shall speak in more detail about the best interests of the child, so perhaps the hon. Lady will wait and see if I answer her query in the comments that I make.

On the criminality issue first, the test for private life will also be a stringent one. Deportation will be proportionate unless the foreign criminal has been continuously resident in the UK for at least the past 20 years, excluding any period of imprisonment, and they have no social, cultural or family ties with their country of origin. For offenders aged under 25, deportation will be proportionate unless they have spent at least half their life residing continuously in the UK, excluding any period of imprisonment, and they have no ties with their country of origin. In all other cases, other than in exceptional circumstances, deportation of the foreign criminal will be proportionate.

[Mr Julian Brazier (Canterbury) (Con)]

Will my right hon. Friend give way?

[Mrs May]

May I make a little more progress? My hon. Friend may choose to try again when I have finished dealing with this issue.

For the most serious foreign criminals—those sentenced to four or more years in prison—deportation will almost always be proportionate. Article 8 rights should prevent deportation of serious foreign criminals only in the most genuinely exceptional circumstances. So I ask the House to agree that the rights of the British public should outweigh the rights of foreign criminals in the way the new immigration rules describe. The choice for a foreign national wishing to avoid deportation is now simple: do not break the law.

I said that I would come on to the best interests of a child. The best interests of a child in the UK must always be a primary consideration. That is what the law requires and the new immigration rules reflect how the best interests of a child should be taken into account in striking a proportionate balance between an applicant’s family life and the public interest, for both criminals and non-criminals. For non-criminals, where a child would have to leave the UK as a consequence of the decision to remove their parent, the question is then whether it is reasonable to expect the child to leave. The best interests of the child will normally be met by remaining with their parents and returning with them to their country of origin, unless the child is a British citizen or has been resident in the UK for at least the past seven years and it would not be reasonable to expect the child to leave the UK.

For criminal parents, there is a broader range of circumstances in which the public interest may outweigh the best interests of a child. For serious foreign criminals, those sentenced to four or more years, the best interests of a child will only outweigh the public interest in deportation of the foreign criminal in exceptional circumstances. For criminals sentenced to between 12 months and less than four years, or those sentenced to less than 12 months but whose offending has caused serious harm or who are persistent offenders and show a particular disregard for the law, deportation will still normally be proportionate.

[Mrs May]

One of the points about what we are doing, to which I tried to allude earlier, is that there is a statutory duty—in section 55 of the Borders, Citizenship and Immigration Act 2009—to safeguard and promote the welfare of children in the UK. We are now bringing the consideration of the best interests of the child formally into the new immigration family rules, which reinforces that point.

I was talking about criminals who have been sentenced to between 12 months and less than four years or who are persistent offenders. Article 8 will prevent a deportation only if they have a genuine and subsisting parental relationship with the British citizen child or a child who has lived in the UK for at least the last seven years, if it would not be reasonable to expect the child to leave the UK with the foreign national criminal and if there is no other family member able to care for the child in the UK. Unless all three conditions are met, it will normally be proportionate to deport the criminal. If the criminal’s child is not a British citizen and has lived in the UK for less than seven years, the criminal can still be deported. If it will be reasonable to expect the child, whatever their nationality, to leave the UK, the criminal can still be deported. If there is another family member who can care for the child in the UK, the criminal can still be deported. These requirements represent a rational and proportionate qualification of article 8 rights in the interests of public safety and security, and I invite the House to endorse them.

[Mr Brazier]

My right hon. Friend is making a powerful case, and one that most Members will support, but is she aware that she has used the words “except in exceptional circumstances” seven or eight times already? If the court alone is free to determine what are exceptional circumstances, experience from other areas of the law suggests that in practice we might find that we make disappointingly little progress.

[Mrs May]

I recognise my hon. Friend’s concern, but there has to be a reference to exceptional circumstances. The way we are approaching it—setting out clearly the criteria that identify and describe the right to a private and family life—means that the exceptional circumstances will be far more limited than they have been up to now. As I hope he and others will understand from the detail I have given to the House, I have been going through every aspect of this carefully and setting out the expectations clearly. Therefore, I have every expectation that, in being able to look at those criteria and see what the public interest is in these matters, or how Parliament has defined the public interest, there would need to be truly exceptional circumstances indeed for someone to be allowed to remain in the UK outside the criteria. I have been clear that I have every expectation that this will have the impact we want it to have. If it does not, we will of course have to look at potential further measures.

Abu Qatada

Debate between Baroness May of Maidenhead and Julian Brazier

Tuesday 7th February 2012 Commons Chamber

[Mrs May]

I wish to be in a position in which we can deport Abu Qatada, so that he will not be in this country when the Olympics take place.

[Mr Julian Brazier (Canterbury) (Con)]

Does my right hon. Friend accept that, in our unwritten constitution, there is a distinction between the rule of law and the tyranny of lawyers? Does she also accept that the interaction between the European Court of Human Rights and the ruling by Justice Mitting on the question of bail has created a dangerous situation in which millions of people in this country are starting to lose confidence in our legal system?

[Mrs May]

I do not believe that millions of people are losing confidence in our legal system. I believe that they are concerned about the ability of the European Court to come to decisions that we do not believe to be in the best interests of the United Kingdom. This decision on Abu Qatada is clearly a case in point. That is why it is important for the Government to pursue the work that we are doing, not only in looking into the possibility of a British Bill of Rights but in trying to make changes to the way in which the European Court operates, so that in future we will be able to deport people who present a danger to us.

UK Border Force

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 7th November 2011 Commons Chamber

[Mrs May]

As I have indicated, my understanding is that all ports were included, but I will check that point and write to the hon. Gentleman, given his specific interest in it.

[Mr Julian Brazier (Canterbury) (Con)]

Will my right hon. Friend confirm that she will not quadruple the number of work permits for non-EU residents, that she will not preside over the growth of hundreds of phoney colleges that bring in phoney students, and that she will not plan a large-scale amnesty?

[Mrs May]

I am happy to confirm all those points. Indeed, far from doing any of those things, this Government are getting rid of the abuse of student visas by ensuring that colleges that have been bringing people in to work rather than to study can no longer do so. It is this Government who have brought in an annual limit on non-EU economic migrants.

Disturbances (London)

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 28th March 2011 Commons Chamber

[Mrs May]

I agree with the right hon. Gentleman. When I spoke yesterday to Assistant Commissioner Owens, I specifically asked her whether the police would need further powers, so that we can discuss what is necessary to enable them to do the job we all want them to do.

[Mr Julian Brazier (Canterbury) (Con)]

Does my right hon. Friend agree that in rightly condemning the extreme behaviour of a few hundred people we are in danger of losing sight of the essential foolishness of the perfectly legitimate, but nevertheless misguided, demonstration, in which many prominent people in the Opposition took part? Does she agree that at a time when we have a deficit comparable to that of Portugal and Greece, it is ludicrous for the Leader of the Opposition to couch his words in those of Abraham Lincoln?

[Mrs May]

I think that many people in the House would share my hon. Friend’s views about the tone of the language used by the Leader of the Opposition. I wonder how many of those who demonstrated against the cuts know that the Leader of the Opposition, who addressed the demonstration, would, if in government, be cutting £4 out of every £5 that this Government are cutting.

Policing in the 21st Century

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 26th July 2010 Commons Chamber

[Mrs May]

We certainly wish to ensure that the fight against crime is in no way downgraded; indeed, the whole purpose of our proposals is to help to strengthen the fight against crime across the UK, as I have said in answer to a number of questions. The directly elected police commissioners will relate to England and Wales, and both the Minister for Police and I have had discussions with the Welsh Assembly.

[Mr Julian Brazier (Canterbury) (Con)]

In welcoming my right hon. Friend’s excellent statement, may I urge her to consider extending control to the Crown Prosecution Service? We saw in the earlier statement the difficulties that we have with the uniquely British system of having a prosecution organisation that is wholly independent of accountability.

Limits on Non-EU Economic Migration

Debate between Baroness May of Maidenhead and Julian Brazier

Monday 28th June 2010 Commons Chamber

[Mrs May]

The hon. Lady raises an important point about the treatment of individuals who are brought here on the basis of working for others. I believe that Members in all parts of the House recognise that there are problems that need to be addressed, and we will indeed do that.

[Mr Julian Brazier (Canterbury) (Con)]

My right hon. Friend has made a powerful and welcome statement, particularly in her points about skills. Does she agree that another key factor in our social problems today is a lack of adequate housing in many areas, and that in deciding on the future direction that immigration should take, the overall population factor mentioned by the right hon. Member for Birkenhead (Mr Field) is extremely important? We should consider the issue of housing in particular.

[Mrs May]

My hon. Friend makes an extremely important point. Housing is, indeed, one of those wider social issues that will be taken into account in the consultation, and I am sure that the Migration Advisory Committee will take it into account as it looks at wider social issues other than just the economic impact of immigration into this country.