European Convention on Human Rights

James Clappison Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mrs May]

I am a little surprised that the hon. Gentleman stands up to question why Parliament is debating something, as he has usually been keen for Parliament to debate more than it does. The point of this is that clearly—I shall deal with this later—there has been a request from the judiciary that Parliament should make its views clear on this issue, so that they can take that into account when examining cases. It is entirely reasonable that Parliament should give its voice on this matter.

[Mr James Clappison (Hertsmere) (Con)]

I warmly welcome the Home Secretary’s approach. On this question of Parliament’s view, is it not important that when the courts are striking a balance between family rights and the article concerned, and “serious offences” by foreign offenders, it is right that they should know what Parliament regards as “serious offences” for these purposes?

[Mrs May]

My hon. Friend has put his finger on the point exactly. When the courts are looking at that, they should know what Parliament’s view is, and that is exactly what we are trying to ensure today.

--- Later in debate ---

[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]

rose—

[Yvette Cooper]

I will give way to the hon. Gentleman one more time.

[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.