Yvette Cooper
Main Page: Yvette Cooper (Labour - Pontefract, Castleford and Knottingley)Department Debates - View all Yvette Cooper's debates with the Home Office
European Convention on Human Rights
Yvette Cooper Excerpts(12 years, 5 months ago)
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Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Government have raised concerns about how article 8 of the European convention on human rights and the Human Rights Act 1998 are interpreted in cases involving foreign criminals convicted in the UK and then put up for deportation. I agree with the Home Secretary that the Government should be able to deport foreign citizens who have come to Britain and then broken British laws. People who come here from abroad need to abide by our laws and our values.
As the House will know, in 2007 the Labour Government introduced provisions for the automatic deportation of foreign criminals in the UK Borders Act 2007, and the number of foreign criminals deported each year trebled from 1,673 in 2005 to 5,528 in 2009. The Home Secretary has raised what the Home Office says are 185 cases that have gone to appeal each year on grounds of family life. We agree that there is a problem, with people finding it hard to understand the justice of the decision by the courts in some cases where foreign criminals have not been deported.
Article 8 is a qualified right. It says:
“Everyone has the right to respect for his private and family life.”
However, it also says that that needs to be balanced with
“the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
It is not like article 3 on the prevention of torture, which is properly an absolute right, and which is not affected by this motion.
It stands to reason that article 8 should be a qualified right. People can be imprisoned if they break the law even if it affects their family life. The courts decide the balance of rights in individual cases, but it is part of our legal framework that Parliament can set out how qualified rights should be balanced in different areas; indeed, Parliament does so all the time through legislation. That relationship between Parliament and the courts is made even more explicit in the Human Rights Act, where Parliament is actively encouraged to debate how the rights should be balanced, and the judiciary are expected to take that into account.
Henry Smith (Crawley) (Con)
That being the case, why has our system apparently been so unbalanced over the past decade?
Yvette Cooper
It was the Labour Government who introduced the UK Borders Act 2007, which provided for the automatic deportation of foreign criminals. The number of deportations of foreign criminals increased substantially from 2005 until the election in 2010, after which the number fell significantly. I therefore say to the hon. Gentleman that his Government bear some responsibility for the action that is being taken. More needs to be done in practice to deport foreign criminals, as opposed simply to discussions of the motion today.
Mr Clappison
If the right hon. Lady is proceeding down that track, perhaps she will remind the House how many prisoners were found not to have been considered for deportation in 2006, let alone have their article 8 rights taken into account. Will she confirm that the figure was just over 1,000?
Yvette Cooper
It is interesting that the hon. Gentleman has mentioned the figure of 1,000. The number of foreign criminals being deported each year trebled between 2005 and 2009 to more than 5,000. In the most recent financial year, the number of foreign criminals being deported from this country fell by 1,000 compared with the previous year. The UK Border Agency has raised a series of concerns about how individual cases are being dealt with and the problems with travel documentation. Those are effectively administrative concerns. Some 1,000 cases are not being dealt with, not as a result of article 8, but because of serious problems with administration at the UK Border Agency. I think that that is serious, and I hope that he does too.
Mr Clappison
Is the right hon. Lady telling us that the Home Secretary of the day, Charles Clarke, who was an honourable man, resigned because he presided over such a glorious success?
Yvette Cooper
As the hon. Gentleman will know, as a result of the problems over foreign criminals, a series of actions and measures were taken that increased the number of foreign criminals being deported. The problem for the Government is that the actions that they have taken seem to have reduced the number of foreign criminals being deported by more than 1,000 a year—a drop of nearly 20% in 12 months. That means that foreign criminals who should be deported are staying in this country and in the community. The UK Border Agency is not deporting them because of the chaos and fiasco within it.
Alok Sharma
Will the right hon. Lady be supporting the motion this evening? Everything that she is saying suggests that she supports what the Home Secretary has set out.
Yvette Cooper
I think that we need action to deport more foreign criminals. That includes more practical action through the UK Border Agency. The Home Secretary and the Minister for Immigration need to explain what they think the motion means. I will come on to that now, because it is an important issue.
The relationship between Parliament and the courts is made explicit in the Human Rights Act 1998. Parliament is actively encouraged to debate the way in which rights should be balanced, and the judiciary is expected to take that into account. Similarly, the British courts cannot strike down an Act of Parliament or primary legislation on immigration, even if they think that it does not comply with the Human Rights Act. Parliament has to decide how to respond if that is the case. That is the legal and democratic framework within which we operate. As part of that, it is reasonable for Parliament to express its view on the balance of different rights, and in particular the balance of different qualified rights. Indeed, we do so all the time through our legislation.
Jeremy Corbyn
My right hon. Friend will have heard the intervention of the Chair of the Joint Committee on Human Rights. Does she not think that it would have been better if this proposal had been laid on the Table today to enable his Committee to examine it and its implications for our participation in the European convention on human rights?
Yvette Cooper
My hon. Friend makes an important point, because the Joint Committee on Human Rights does important work. The status of the motion is unclear, because we do not know exactly how the Home Secretary expects it to operate. For example, we know that the new immigration rules affecting foreign criminals, which were set out last week, explicitly refer to how article 8 should be addressed. We believe that is legitimate, but other immigration rules do not make such reference. The rules on foreign criminals also allow the courts to consider exceptional cases, but the process remains deeply unsatisfactory and confused. The Home Secretary has said that she wants to send clear signals to the courts, but she is not sending clear signals to the House.
Mr Cash
Is the Home Secretary aware of the series of speeches made by the Lord Chief Justice to the Judicial Studies Board and others? He has made it abundantly clear that in his opinion the judiciary, including the senior judiciary, have given far too much attention to the Strasbourg precedents and not enough to what he describes as the “golden thread” of the English common law. He says that it is therefore essential that we get this right and do not engage in generalised waffle about the question—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. The hon. Gentleman has had two interventions that have taken up speaking time. I am sure he would not want to do that, in case he wants to catch my eye later.
Yvette Cooper
I am not sure whether the hon. Member for Stone (Mr Cash) was accusing me or the Home Secretary of “generalised waffle”. Given his record, I fear that it could have been either of us. It was probably both.
I am sure the hon. Gentleman will have read considerably more of the judicial pronouncements on this subject than I have, but the House is being challenged to send a clear signal to the courts, and we are not being clear about what we are doing in the motion. The status of the motion remains unclear because it is neither primary nor secondary legislation.
Mr Straw
Although the hon. Member for Stone (Mr Cash) is quite right to refer to the important observations of the Lord Chief Justice, does my right hon. Friend accept that even if the Human Rights Act had never have been passed, we would still have been faced with this conundrum about the balance between the articles in the European convention on human rights so long as we remained committed to the convention? That is a key part of the Conservative party’s policy as well as ours.
Yvette Cooper
My right hon. Friend is right. The convention provides an important framework, and like him I understand that the Conservative party remains committed to it. A strength of the Human Rights Act—I know he was a key pioneer in bringing it into British law—is that it provides Parliament with the ability to debate article 8. It is legitimate for us to do so as part of our debate on immigration rules and all kinds of other legislation.
Mr Burrowes
I will help the right hon. Lady not to take any further interventions by asking her to be clear about the Opposition’s position. They cannot have it both ways. I understand that they accept the observation of the House of Lords in the Huang case in 2007 that immigration lacked a clear framework, but do they also accept the observation that that was because the immigration rules
“are not the product of active debate in Parliament”?
We are having that debate today, so surely she should welcome that and accept the motion. Let us not just talk about it, let us have some action.
Yvette Cooper
The hon. Gentleman is right that we need a proper debate in Parliament and proper scrutiny. However, there are concerns about how the Home Secretary has set the matter out today. For example, the motion represents neither primary nor secondary legislation, so it is not clear whether the Home Secretary wants it to trump case law. She spent some time reading individual cases on to the record, so we can only assume that she wants the motion and today’s debate to trump case law and individual decisions. However, it is only a motion of the House. We have told her that we are happy to work with her on primary legislation to ensure that there is a proper legal framework.
Yvette Cooper
I will give way one last time, to the hon. Member for Perth and North Perthshire (Pete Wishart), who I know intervened on the Home Secretary.
Pete Wishart
Is it the right hon. Lady’s understanding that what the motion asks us to do—she is absolutely right that it is neither primary nor secondary legislation—is sign up to the Home Secretary’s immigration rules applying in their totality unless the shadow Home Secretary and her colleagues introduce another motion to challenge them?
Yvette Cooper
That is not what the motion says. It deals simply with an issue of principle about whether Parliament should be able to set out how article 8 is interpreted. Various lawyers have said that the motion is little more than a statement of fact and is effectively the equivalent of the Home Secretary regarding the immigration rules as compliant with article 8.
That is what the motion does, but it is not clear whether the Home Secretary expects us to endorse the detailed content of individual immigration rules, only some of which she discussed in her speech—many were not discussed. She referred, for example, to foreign criminals. The Opposition believe that the Government’s broad approach to foreign criminals is the right one—we think it is right to take stronger action, including through the immigration rules and the Border Agency—but this process is not appropriate as a general rule for the scrutiny of the content of immigration rules. For Parliament to attempt such scrutiny just two sitting days after the rules were published would be inappropriate, and it would be unlikely to reassure the courts that the detail had been properly scrutinised and debated.
In particular, today’s debate cannot be about the detail of the wider family immigration rules, which were published only last week. Further scrutiny will be needed, because there are concerns about whether the rules are the most effective way of protecting the taxpayer, and whether they are fair and just. Those concerns should be debated properly, but that cannot happen in a debate on a general motion.
The motion refers simply to the broad immigration rules and cannot suffice as proper scrutiny or endorsement of the changes to individual rules. The Opposition are happy to support the Government’s approach to tackling foreign criminals, because we believe that more action needs to be taken, including through the immigration rules. We also believe the Government are right to consider how to ensure that article 8 is interpreted. In that way, they can provide a framework of guidance when it comes to dealing with foreign criminals through the immigration rules.
There is a wider challenge. The Home Secretary’s reason for introducing the motion was that she is concerned that more foreign criminals should be deported. She will know that the number of foreign criminals deported in 2011-12 fell by nearly 18%. If all those in the cases to which she referred—the 185 cases that the Home Office said were granted appeal on article 8 grounds—were instead deported, the number deported in the most recent financial year would still have fallen by around 15% on the previous year. Whatever the Home Secretary’s intention, the motion still deals with only a small minority of cases involving foreign criminals.
The border inspector has made it clear that one of the main reasons why people are not being deported is difficulty in obtaining travel documentation. Everyone recognises that that can be difficult and untimely in some cases, but those practical operations have clearly become significantly worse since the election, which is a deep concern. The Home Secretary has said nothing today to answer those concerns or to address the growing concern that the Border Agency’s performance is deteriorating substantially on the Government’s watch.
The Opposition want to be able to support the Government’s approach to tackling foreign criminals, but we need more answers from the Home Secretary about what she hopes the motion will do.
Mrs May
There is a very simple question for the shadow Home Secretary. Does she believe it is right that, as the courts have said, Parliament should give a clear view on what the public interest is in relation to the operation of article 8 of the European convention on human rights, on the right to a private and family life? If she believes that that is the case, and that fewer foreign criminals should be allowed to stay in this country on the basis of article 8, she should support the motion and give a clear message to the courts. I am beginning to think that she is trying to confuse the courts and to prevent them from taking that interpretation of the motion. Does she support a clear message to the courts or not?
Yvette Cooper
The Home Secretary talks about clear messages, but she is not giving a clear message to the House, never mind to the courts. She has been confused at every step about what the motion is supposed to do. Time and again, she has been asked whether it is supposed to trump case law or endorse the details of individual immigration rules, on which no opportunity for proper scrutiny has been given, and which have not even gone through the normal processes in the House. It is not clear whether this is supposed to be an endorsement of the existing immigration rules or the future immigration rules. She has not made her position clear.
We would like to be able to support the Home Secretary in her principled statement that article 8 should be discussed by the House and is a matter for legitimate debate. We also want to support her in taking action to deport more foreign criminals, but we urge her to do something about the real problem, which she is still ignoring. She also needs to provide answers to the House about how the detail on other aspects of the immigration rules, particularly on family and other parts of her proposed immigration changes, will be scrutinised, and whether she is trying to bypass the normal scrutiny processes.
The Home Secretary has not chosen a normal approach today. She needs to do more to deport more foreign criminals, but she should not try to subvert normal processes and should be straight with the House about what she is asking it to do.
Jeremy Corbyn
On a point of order, Mr Deputy Speaker. In her speech, the Home Secretary referred extensively to rules laid before the House but not prayed against and therefore not debated. Is it in order for us to discuss the contents of those proposed rules, because that is exactly what she did throughout her opening speech?
Mr Harris
I can tell the hon. Gentleman that, unlike him, I speak to constituents all the time, and I know that my constituents have exactly the same view as citizens throughout the United Kingdom. They want to welcome asylum seekers, they want to welcome immigrant communities, but they want a sense of fair play that applies equally across the border. Scots are no more or less tolerant of foreign-born criminals remaining in the UK than are our fellow citizens unfortunate enough to live south of the border.
Now that the hon. Gentleman has had a chance to calm down and get his breath back, I would like to ask him whether, if Scots throughout the country are some sort of homogenous entity, all thinking the same thing, he can explain why the only local authority in Scotland that applied to welcome asylum seekers was Labour-controlled Glasgow—not Perth, not Edinburgh, not another local authority anywhere in Scotland, just Glasgow?
As has already been highlighted, the deportation of foreign criminals is more often frustrated by bureaucratic process than by appeals under article 8 of the Human Rights Act. My concern today is that some Members of the House and many members of the media—yes, the right-wing media—are using the relatively small number of appeals under this part of the Act to make the case for the Act’s repeal. That would be unacceptable. It is important that the debate focuses on the reasons behind the failure of the Government—and, yes, the failure of previous Governments—rather than on the straw man of the Human Rights Act.
Nevertheless, it is a concern to all our constituents when someone who has enjoyed British hospitality, and who has chosen to repay that hospitality with contempt for our law is allowed to remain in the UK. My understanding—perhaps the Immigration Minister will be able to clarify this in his summing up—is that the interpretation of article 8 as representing an absolute right to a family life is a peculiarly British interpretation. My understanding is that other judiciaries operating elsewhere in the EU under the European convention on human rights attach a significantly different interpretation to article 8—one that more frequently allows the deportation of foreign criminals.
The Government’s own policy on the circumstances in which deportation would not be appropriate—for example, if the person had lived here under valid terms for at least 15 years—deserves some attention.
My right hon. Friend the Member for Blackburn (Mr Straw) has already referred to the shocking case of Aso Mohammed Ibrahim, who in 2003 was responsible for the death of 12-year-old Amy Houston in a hit-and-run incident in Lancashire. Mr Ibrahim is variously described as an asylum seeker, a failed asylum seeker and an illegal immigrant. In fact, only the last term is correct. He arrived in the UK in 2001 and was refused refugee status, so he was never—not for one second—a refugee, and his appeal rights were exhausted by the end of 2002.
It is not the Human Rights Act that is to blame for the fact that too many criminals are allowed to remain here; it is the failure of the UK Border Agency to remove illegal immigrants in far greater numbers, and that should concern the House. Of course I accept the point made by my right hon. Friend the Member for Blackburn, who is a former Home Secretary, which is that on many occasions we simply cannot return people to their country of origin because it would not be safe to do so.
However, I have come across many constituents who have been in the country for eight or 10 years, applied for asylum and had the application refused, but who regard the refusal simply as an indication that no decision on their case has yet been made. They are wrong. They have been given the decision on their case: they have been told that they are in the country illegally and so should remove themselves. Far too often we allow time to march on and they do not make arrangements to remove themselves, but the UK Border Agency should remove them forcibly—I know that that process costs a lot—if they are not prepared to remove themselves voluntarily. I should point out that, although this debate has been billed as being about the scandal of permitting criminals to remain in the UK, the motion rightly refers only to migrants, not criminals.
I welcome the Government’s statement that one of the exceptions to the presumption that an individual will be deported is where an individual has been resident in the UK legally for 15 years. I hope that the Minister, in summing up, can confirm that the many thousands of individuals who have remained here illegally, ignoring decisions to refuse them refugee status, will not qualify under that exception as they have not been in the country legally. That issue is as pertinent to the cases of law-abiding immigrants as it is to criminals, and article 8 has been used to confirm the residency in the UK of many who have no criminal past and who are of less interest to the right-wing tabloids.
Countries across the whole UK are relocating, but our hospitality is sorely tested when people who come here either to seek refuge or to build a better life for themselves repay it by exhibiting contempt for our rules and, by implication, contempt for our citizens. Whether they have broken the law through an appallingly violent and callous act, as in the case of young Amy Houston, or by ignoring an appeal ruling that they have no right to remain here, the right to a family life cannot be absolute. The Government are right to say so. However, they are merely reflecting what the whole country already believes.
Yvette Cooper
On a point of order, Mr Deputy Speaker. The Home Secretary did not properly clarify earlier whether this motion is separate from the normal and proper debates on the different immigration rules. The Clerk of the Journals has now provided some clarification and reassurance that these are in fact separate. He has advised:
“The effectiveness of the statutory disapproval procedure for any particular Statement of Changes in the Immigration Rules laid before Parliament is a matter of law, which cannot be altered or over-ridden by any Resolution of the House of Commons.”
Will you confirm that that is indeed the case, because I think that would provide the House with important clarification and allow it to deliver a clearer message?
Mr Deputy Speaker (Mr Nigel Evans)
I thank the right hon. Lady for notice of her point of order. The legal effect of the resolution is not a matter for the Chair; it is a matter for the courts. But I can confirm that, as a matter of procedure, agreeing the motion would not prevent the tabling of any motion to disapprove a Statement of Changes in the Immigration Rules as provided by statute.