Foreign National Offenders (Removal)

Yvette Cooper Excerpts

Wednesday 22nd October 2014 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

(Urgent Question): To ask the Home Secretary about the removal of foreign national offenders.

[The Secretary of State for the Home Department (Mrs Theresa May)]

I am grateful to the National Audit Office for its report on managing and removing foreign national offenders. As the report makes clear, this problem has beset successive Governments. Let me begin by being clear that foreign nationals who abuse our hospitality by committing crime in this country should be in no doubt of our determination to remove them from it. We removed more than 5,000 foreign criminals from the UK last year, and have removed 22,000 since 2010. I also want to make it plain that, as in many other areas, it falls to this Government to tackle the problems of the past. Quite simply, the Home Office did not prioritise the removal of foreign national offenders before 2005.

It will take time to fix the problems that we inherited. Chief among them, as the NAO report makes clear, are the legal barriers that we face. The countless appeals and re-appeals that have been lodged by criminals attempting to cheat the system cost us all money and are an affront to British justice. That is why we passed the Immigration Act 2014 to clamp down on that abuse. New powers from the Act came into force this week to cut the number of grounds on which criminals can appeal their deportation, from 17 to four, and to end the appeals conveyor belt in the courts. From this week, criminals can no longer appeal against a decision that their deportation is conducive to the public good.

These reforms build on other measures that we introduced in the summer, which are already speeding up the deportation process. In July we introduced new powers to stop criminals using family life arguments to delay their deportation. We have also changed the law so that, where there is no risk of serious irreversible harm, foreign criminals will be deported first and have their appeal heard later. For those who do have an appeal right, they will be able to appeal only once. These new powers are radically reforming the deportation process, rebalancing human rights laws in favour of the British public rather than the criminal.

We are also pursuing joint working between the police and immigration enforcement. Operation Nexus has helped us to remove more than 2,500 foreign nationals during its first two years, including 150 dangerous immigration offenders considered by the police to represent a particularly serious threat. Alongside tougher crime-fighting measures, improved protection at the border and greater collaboration between police and immigration enforcement officers, the Immigration Act is helping us to deliver an immigration system that is fair to the people of this country and legitimate immigrants, and tough on those who flout the rules. The Home Office will look at the NAO’s recommendations carefully and work with the other agencies involved as we continue to build that system.

[Yvette Cooper]

When people come to Britain, they should abide by the law, and the whole House wants to see foreign criminals being deported. The Prime Minister told us that more of them would be, and promised that that was a major priority for his Government. Instead, fewer foreign criminals are being deported each year than was the case in 2010. There were 375 fewer deportations, a drop of 7%, and fewer deportation orders are being served; there has been a drop of 6% since 2010.

It is no good blaming appeals and human rights. The National Audit Office has found that more than a third of failed removals were the result of factors within the Home Office’s control. They include failures to fill in the forms, failures to get the necessary papers and even failures to book the plane tickets that were needed. It is no good blaming the last Government either, because the NAO audit of this Government’s action plan has found poor use of IT, a lack of communication, failure to use the powers available, cumbersome and slow referral processes, inefficiency in processing, over-complicated arrangements and an action plan that it says

“lacks a sufficiently joined-up and structured approach.”

Nearly 40% of cases had avoidable processing delays.

More foreign criminals have disappeared, too. About 190 absconded last year, and there has been a 6% increase since 2010, yet according to the NAO report, there are only 11 staff working on 700 cases, 10 of whom are very junior. Why does the Home Secretary have so few staff working on such important cases? Will she publish the details of the crimes that those 190 people committed?

The NAO also says that we have worse systems than other European countries for preventing foreign criminals from coming in in the first place. The warnings index has not been modernised, and we are one of only four countries in the European economic area that is still not part of the Schengen information system. Our joining it was delayed because of the Home Secretary’s decision to exercise the opt-out on co-operation with Europe and because she is faffing around with her Back Benchers over opting in and opting out. This is putting border security at risk.

The Government are simply not doing enough. Let us take the case of the convicted killer Rohan Murdock who was able to stay in this country in 2012 because, in the judge’s words, the Home Secretary did not “put up a fight”. So it is no good blaming the past or the others; she has been Home Secretary for four and a half years. The system is still failing on her watch and fewer foreign criminals are being deported than when she started. The tough talk is simply not enough. When will she start putting up the real fight we need to get more, not fewer, foreign criminals deported back home?

[Mrs May]

I have to say to the right hon. Lady that that is a staggering response from the representative of a political party that is still debating whether it even needs to respond to the public’s concerns about immigration. I am sorry that she adopted the tone she did. This is a serious subject and we need to recognise and accept the challenges and respond to them. But the NAO report makes it clear, as I said in my opening statement, that this is a long-standing problem—her party did not face up to it when it was in power.

The report also makes it clear that, unlike the Labour party, we have a plan to deal with the problem, and that plan is working. We have removed 22,000 foreign national offenders since 2010. The NAO report makes it clear that the time taken to deport FNOs is reducing. It notes that the number of removals increased by 12% over the past two years,

“largely because of a change in the Department’s approach to deportation”.

It praises Operation Nexus—the work between the police and the immigration enforcement command—which has helped us to remove more than 2,500 foreign nationals in its first two years. We are the first Government to adopt a cross-government strategy on dealing with foreign national offenders. We want to increase the number of removals, reduce the number of foreign offenders in the UK and tackle the barriers standing in our way. Again, the NAO recognises that removing foreign national offenders

“continues to be inherently difficult”.

The report makes it clear that our efforts have been “hampered” by a “range of barriers”, including the law.

The main problem we face is the rise of litigation; we have seen a 28% increase in the number of appeals. That is why we have made the changes that I have set out in the Immigration Act to cut the number of appeals and why we have made it possible for someone to be deported before they can appeal. Those are the most significant changes to deportation appeals since 1971 and far more than we ever saw from the Labour party when it was in power for 13 years. But those things can take us only so far and we are also faced with the impact of the human rights legislation passed by the right hon. Lady’s Government. Only the Conservatives want to scrap the Human Rights Act and fix our relationship with the European Court of Human Rights, which is why we need a majority Conservative Government.

I do recognise that we face challenges and that we have some issues relating to processes to address. That is why I scrapped the UK Border Agency—Labour’s creation—and since then we have seen a change in the attitude being taken by immigration enforcement. But we will not turn these things around overnight. We have expressed our desire to rejoin the Schengen information system, because it can be a tool we can use in dealing with these FNOs. But we have moved on from the days before 2009 when, under the previous Labour Government, there was no mechanism to trace absconders—there is now a team to do that.

I have to say to the right hon. Lady that if she is going to take on an immigration issue, she really needs to look at her party’s record before she does so. Her party opened the floodgates; her party sent out the search parties and said there was no obvious limit to immigration; and her party passed the human rights legislation that made it difficult to deport foreign criminals. The Opposition still will not say that the level of immigration is too high, they still will not say it has to come down and they still defend the Human Rights Act. Perhaps when she says sorry for those things, the public might start to listen to her.