PARLIAMENTARY DEBATE
Foreign National Offender Removal Flights - 18 May 2022 (Commons/Commons Chamber)
Debate Detail
It is this Conservative Government who are delivering on the will of the British people. Making our streets safer is our priority. That is why we introduced the new Police, Crime, Sentencing and Courts Act 2022, giving the police the powers they need to crack down on violent criminals. It is also why, despite the challenges of covid, we stepped up the removal of criminals who have no right to be here. Since January 2019, over 10,000 foreign national offenders have been removed from the United Kingdom. In the last month alone, flights have left to Albania, Romania, Poland and Lithuania and now, this morning, to Jamaica—a flight I expect to land while I am on my feet.
It was under a Labour Government that the UK Borders Act 2007 was introduced and passed requiring a deportation order to be made where a foreign national has been convicted of an offence in the UK and sentenced to 12 months or more, unless an exception applies. We apply that law, but it is Labour MPs who now howl, time and again imploring us to halt the removal of dangerous foreign criminals from our streets with letters, questions to Parliament and campaigns on Twitter. We have even seen members of the shadow Cabinet defending criminals, with no consideration for the victims or their loved ones. Too often, Opposition MPs are ignoring the law-abiding majority and, by extension, standing on the side of criminals, including paedophiles, murderers and rapists.
Let me set out some facts of the flight that departed this morning, because I know this is of real interest to many Members of this House. First, the offences committed by individuals on the flight include rape of a minor, sexual assault against children, firearms offences, dealing and importing controlled drugs, and other violent crimes such as actual bodily harm. Between them, these individuals had a combined total of 58 convictions for 127 offences. These are extremely serious offences, which have a real and lasting impact on victims and communities. They are not minor matters, as some would have people believe.
Secondly, the flight to Jamaica makes up just 1% of total enforced returns in the year ending September 2021. Criminals who have no right to be in the United Kingdom are regularly removed to countries across the world, and we will continue to do this to keep our citizens safe. Public safety is non-negotiable. However, many more criminals could have left the UK today. What we have seen over the last 24 hours is more last-minute claims facilitated by specialist immigration law firms, as well as representations from Opposition MPs to prevent this flight from leaving.
It is no surprise that the Opposition voted against our Nationality and Borders Bill precisely because it seeks to address the merry-go-round of last-minute claims and to speed up the removal of dangerous criminals. Labour Members fought tooth and nail to prevent that Bill from becoming law, and votes have consequences. Convicted criminals guilty of heinous crimes, including manslaughter, rape, robbery, child sex offences, drug offences and violent crime, and persistent offenders remain in our country; had the legislation been passed more quickly, with Opposition support, those individuals might have been removed from the UK today. They remain here, and it is a stain on our country that they do. However, I assure the British people that we are taking action, and things are changing as we get on with delivering our reforms.
I make no apology for removing criminals who have abused our hospitality, broken our laws, and have no right to be here. I make no apology for doing everything in my power to make our streets safer and stand on the side of actual victims. We stand with the British people. It is time that the Opposition tried that as well.
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.
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.
On that note, my first question is, why can we not try to have a sensible, grown-up discussion about this complex policy area? It is frankly nonsense to speak about “sides”. There is a balance to be struck, and it is our responsibility as legislators to debate that sensibly. It is perfectly legitimate for us to question whether the balance is in the right place or to question the disproportionate impact on some communities. As I have pointed out before, in endless urgent questions and on similar topics, Stephen Shaw, the Government-commissioned independent expert, said that the deportation and removal of people brought up here from a young age was “deeply troubling” and entirely “disproportionate”. Yes, of course many deportations are absolutely justified to protect the public, but it is nonsensical to ignore the fact that some are very cruel, particularly when they relate to people who have lived almost all their lives here and have absolutely no connection to the place they are being deported to.
The Government refuse to acknowledge the fact that these decisions can have profound impacts on the family life of the partners, spouses and children of those being deported, and on others, or that it is legitimate to press the Government on that. So let me try a different argument. If someone has been here since they were in infancy, grew up here, was educated here, commits crime here and is potentially dangerous, why is it fair on the country to which they are deported to have to manage that risk, especially if it is possibly far less equipped to do so, rather than this country, where that person was brought up? The Minister talks about letting people out on to the street, but he is letting people out on the street—just not our streets, but those of another country, with which they have absolutely no connection.
I was slightly surprised to hear the hon. Member say that there has been a lack of interest in these matters in the House. There has been quite a lot of interest, in terms of Twitter commentary and parliamentary questions, and I can certainly vouch for the fact that I have received ministerial correspondence. I also know that Members from across the House have had constituency correspondence on this, so there is certainly interest. On a day when we have had another of these flights—it has attracted considerable media attention, as these matters often do—it is right and proper that I am able to come to the Dispatch Box to set out the steps that the Government are taking. Quite often, Ministers are criticised for not coming to the House to set out such measures. I am here today, I am answering questions from across the House, and I am also here to reassure the British people that we have a plan and we are taking action.
My hon. Friend is right to recognise the challenges that the current situation is presenting, and I am conscious of the impacts on Dover in particular. She does a tremendous job in raising them with Ministers, and I am keen that we continue that dialogue.
I come at this issue as the victims’ Minister, too. When we meet the victims of serious criminality and hear their stories, it is difficult not to be hugely troubled, and the suffering and pain that they feel is only exacerbated if dangerous individuals are in our country when they simply should not be here.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.