Passport Office (Delays)

Jim Shannon Excerpts

Tuesday 10th June 2014 Commons Chamber

[Mr Geoffrey Robinson (Coventry North West) (Lab)]

I would like to speak on behalf of the hundreds of people in my constituency who are suffering as a result of the Government’s incompetence in the issuing of passports and, indeed, on behalf of all Back Benchers for whom this debate is a useful opportunity to voice discontent about a major public service for which the Home Office is responsible. I am therefore pleased to welcome the Minister for Security and Immigration, who will respond to the debate. We know that the Home Secretary currently has many things on her mind and is doing many things other than running the Passport Office. Nevertheless, it is regrettable that ministerial neglect has led to the dire situation that has given rise to this Adjournment debate.

I would like to provide some context. The passport delays now number 500,000. We can call them delayed, or “in process”—whatever the Minister wants. I see him shaking his head already, but he leaves the whole House incredulous with his simple, naive belief in the numbers presented to him. Why are we having this debate? Why have so many Members lobbied me to intervene? It is simply because people in their constituencies are not getting passports anything like on time.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on bringing this issue before the House, because not one Member present is not bothered by it. In the Belfast passport office, 30,000 people are waiting for their passports to be processed. That is an astronomical number bearing in mind that Northern Ireland’s population is 1.8 million. Does the hon. Gentleman agree that contingency money should be made available to recruit extra staff to clear the backlog and get the problem sorted out?

[Mr Robinson]

I will come to that point in a minute. If the situation could be sorted out in that way, I would wholly agree with the hon. Gentleman. I am not sure that it can be because one of the problems, which I will deal with later, is that the Government have left it so late to react to this burgeoning problem that there is probably no time left to deal with it in the relatively short period before the holidays. That is one of the tragedies of the situation.

The nub of the problem lies in the cuts that the Government have made. They have cut 700 personnel who are directly concerned with processing and examining passports before they are issued. Those are not back-office jobs, but people who are directly involved in the process. There has been a 20% cut, with no plans to retrain, reskill or build up alternative resources for the key periods. We all know that businesses have to plan for such key periods.

Deregulation Bill

Jim Shannon Excerpts

Wednesday 14th May 2014 Commons Chamber

[Norman Baker]

The drinks industry responded to the alcohol strategy. It would be astonishing if it had not done so. Obviously, its comments were taken into account, but so were the comments of others who were concerned, for example, about alcohol harms. As I mentioned a moment ago, we tried to strike the correct balance, ensuring that we do not encourage alcohol harm, while removing unnecessary bureaucracy where its removal has no adverse impact.

With regard to the notices, it is also worth pointing out that the local police and environmental health authority will also have a say. If they have concerns, they can say so before such a notice is given, and once an authorisation has been agreed, the notice may be revoked by a similar light-touch process.

[Jim Shannon (Strangford) (DUP)]

How will the law be tightened for holders of licences who sell alcohol to those who are under age, particularly for those who are persistent offenders?

Prevention and Suppression of Terrorism

Jim Shannon Excerpts

Wednesday 2nd April 2014 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I want to make a brief contribution and ask a few questions of the Minister.

We in the Democratic Unionist party fully support the Government’s intention to proscribe these organisations and feel that that is necessary. Ansar Bayt al-Maqdis has specifically targeted the state of Israel. As a supporter of the state of Israel, I am concerned about that. There have been attacks on troops and on the pipeline between Israel and Egypt, so it has attacked the military life and the economic life of Israel. I am keen to hear the Minister’s views, although I fully appreciate that there are restrictions on what he can say. Do the Government feel that there is a specific threat against the Israeli embassy or Israeli interests here in London and elsewhere in the United Kingdom? In fairness, the same thing probably applies to Egypt as well. Will he tell us as much as he can about the exchange of information and intelligence that clearly has to take place? The right hon. Member for Leicester East (Keith Vaz) said that Tunisia was not aware of the proscription that is proposed today. There must be proscription, yes, but we also need to make sure that intelligence exchange takes place, given the clear threat to middle east peace.

On Al Muribitun, the explanatory memorandum mentions at the bottom of page 2 the merger of two al-Qaeda groups in Mali and Algeria. This issue is very real to us in Northern Ireland because of the dissident republican attacks that have taken place. According to security information and intelligence information that we have received and are aware of, the dissident republicans have very close contacts with al-Qaeda and with the Taliban, but particularly al-Qaeda, in relation to the supply of weapons and of terrorist expertise regarding the creation of bombs. The bomb attack on a Police Service of Northern Ireland Land Rover on the Falls road just two weeks ago involved a specific type of bomb that has been used by al-Qaeda in its attacks in the middle east. All the indications are that there are close links between al-Qaeda and dissident republicans. That poses a threat to us in the United Kingdom of Great Britain and Northern Ireland. Will the Minister comment on that, as far as he is able to, in his response?

It seems to us in Northern Ireland that dissident republicans are focusing on attacks on members of the security forces, both in uniform and at home. The sophistication of weaponry and of the bomb attacks would indicate that there is that close relationship I mentioned. When the Minister responds, I feel it is important that he offers the House and all Members for Northern Ireland constituencies assurance that everything is being done to combat that strong relationship.

All the intelligence points us towards there being a relationship between al-Qaeda and the organisations listed in the order—certainly the second one. How will our relationship with other countries such as Israel, Egypt, Tunisia and Lebanon be affected? The second organisation listed has specifically targeted Christians in Beirut, and the Lebanese Government and army have responded. Again, we see specific attacks on people to whom many of us would feel that we owe some support, including the Christians in Lebanon.

I look forward to the Minister’s response to those few points.

UNHCR Syrian Refugees Programme

Jim Shannon Excerpts

Wednesday 29th January 2014 Commons Chamber

[Alison McGovern (Wirral South) (Lab)]

I want to speak only briefly, but I want to make some points, not least on behalf of my constituents, who over the weekend expressed to me how strongly they felt that Britain should play its part.

There are now nearly 2.5 million refugees, and the UNHCR states that they are at significant risk of sexual and gender-based violence. Other Members have talked already about the reasons—not least the conditions in the camps. However, the refugees also face more mundane but none the less significant challenges: the inability to earn money, to feed themselves, to have housing and shelter, and to be able to educate their children and to access basic services that will keep them healthy. The UNHCR says that the majority of refugees are reliant on humanitarian food aid. We know that food banks in this country are wrong. The indignity of relying on others for food is a problem, even in the face of more violent and terrible horrors.

Refugees also face troubling and significant health problems. We have seen the return of polio, and communicable diseases such as measles, tuberculosis and other infectious conditions make life as a refugee troubling. UNICEF says that 68% of Syrian refugee children are now not in education, as the hon. Member for Brent Central (Sarah Teather) mentioned.

British people never fail to show their solidarity, and I pay tribute to all who have put their hands in their pockets to show support for the Syrian people. They recognise, as the Home Secretary said, that refugees are ordinary citizens, just like us, caught up in a terrible war not of their making.

[Jim Shannon (Strangford) (DUP)]

Is the hon. Lady aware that the charity Open Doors has recorded that, in 2013, 1,213 Christians in Syria were martyred for their faith? Does she feel that while we address the refugee issue, we should also ensure that there is assistance on the ground for those who wish to stay?

[Alison McGovern]

There is a range of ways in which we need to show our support. I was sorry and surprised last week to hear Ministers describe the UNHCR programme as “token”. We must do good wherever we can, and I do not hold with the view that has been expressed that because the scale of the problem is huge, each individual action that we can take for each individual at risk is not important in itself. I believe that it is. I would like to pay tribute to each and every one of those people, many of whom are UK citizens like us, who have worked to help those who have been made vulnerable by this conflict. Their work is important and we pay tribute to their efforts.

Terrorism Prevention and Investigation Measures

Jim Shannon Excerpts

Tuesday 21st January 2014 Commons Chamber

[Nic Dakin]

She was certainly reticent about sharing that information with the House. Interestingly, one individual who absconded did not have a passport but had entered the country with some other identification about which we were not given further details. The plot thickens.

It is clear that nobody wants TPIMs or control orders, and it would be much better to prosecute those involved in terrorism. But we have heard from the Home Secretary and two eminent former Home Secretaries that in a small number of cases evidence is inadmissible because it would compromise security, and that means that alternative measures need to be in place. As my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) said, that applies to a very small number of individuals, but they pose a serious danger to the public and the public would expect us to have powers in place to secure our security in regard to those cases. My right hon. Friend said that he knows these cases inside out and expressed concern about the future behaviour of those individuals. Let us hope that his concerns are ill founded and that the Home Secretary’s assurances are well founded. If the opposite is true, we will all pay the price, which none of us wants.

Those currently subject to a TPIM notice are accused of terrorist activities, which David Anderson QC describes as

“at the highest end of seriousness, even by standards of international terrorism.”

These are very serious cases. They are not trivial. These individuals are not members of organisations like the scouts. They are people who are involved in activities of serious concern. The evidence is there.

[Jim Shannon]

The figures show that the cost of the six TPIMs, including MI5, special branch, the police and everyone else who is required to look after these people, is some £20 million. As has been said, prosecution is the only way forward.

[Nic Dakin]

Next month, the six individuals currently subject to a TPIM will no longer be subject to a TPIM. In my simple world, either they do not need a TPIM now or they need one in the future. If there is no TPIM in the future, we need more clarity from the Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire). He is a good Minister and I hope that he will be able to give more clarity than the Home Secretary was able to give about the strength of powers that are in place to ensure that these six individuals do not pose a threat to citizens of the UK or elsewhere.

Unfortunately, the Government first weakened the powers of control orders by removing the relocation element when the TPIM process was involved, and now all powers to manage these suspects will end. There is a lack of clarity, but that is what seems to be happening, because of an essentially arbitrary two-year limit after which these people who are considered to be a real threat turn into pumpkins of no threat. That does not appear at all credible.

As the shadow Home Secretary spelt out clearly in opening the debate, the Labour party wants necessary but proportionate powers to manage the dangers that these individuals pose. It has persistently and consistently offered to work with the Government in the national interest to ensure that appropriate powers are taken forward on a cross-party basis to protect our citizens from that small group of people who pose such a risk.

Oral Answers to Questions

Jim Shannon Excerpts

Thursday 12th December 2013 Commons Chamber

[Maria Miller]

I know that there is continuing work, particularly in the north of France, to identify individuals who might not even to date be buried in recognised graves. I am sure that that will continue until there is no longer a need for it.

[Jim Shannon (Strangford) (DUP)]

On 1 July 1916 at the battle of the Somme, the 36th Ulster Division fought alongside the 16th Irish Division, showing great courage and heroism in that much commemorated battle. Will the Secretary of State outline what discussions she has had with the Republic of Ireland Government to commemorate the battle of the Somme and other battles where the two nations fought together?

[Maria Miller]

I can reassure the hon. Gentleman that considerable conversations are taking place between ourselves—and not just my Department, but others—and our colleagues in the Irish Republic. This is an important part of Irish history and it is important to recognise it in the work we are doing. If the hon. Gentleman had a look at the full list of events being undertaken, I think he would be pleasantly surprised and happy about what we have done.

Psychoactive Substances

Jim Shannon Excerpts

Monday 11th November 2013 Commons Chamber

[The Minister for Crime Prevention (Norman Baker)]

I beg to move,

That this House considers that the draft Regulation and draft Directive on the regulation of new psychoactive substances (European Union Documents No. 13857/13 and Addenda 1 and 2 and 13865/13 and Addenda 1 and 2) do not comply with the principle of subsidiarity, for the reasons set out in the annex to Chapter Eight of the Nineteenth Report of the European Scrutiny Committee (HC 83-xviii); and, in accordance with Article 6 of Protocol (No. 2) annexed to the EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.

I am pleased that this debate has been called to discuss whether the EU Commission’s proposals for regulating new psychoactive substances, commonly called legal highs, comply with the principle of subsidiarity. I am aware that the other place held its own debate on this issue earlier this evening, following evidence that I provided to one of its European Sub-Committees on 16 October. I also note the European Scrutiny Committee’s report on these proposals, and its questions for the Government. I will be writing to the Committee with detailed answers to those questions shortly.

I am aware of a dangerous perception held by some that since many new psychoactive substances are legal, they must be safe to consume. This is absolutely not the case, and while research on these substances is limited, the number of people who have ingested them and come to harm demonstrates that doing so is a risky, potentially life-threatening activity. There is also no guarantee that what is being sold is legal—evidence has shown that around 19% of products sold as legal highs on the internet actually contain controlled drugs.

The proposals involve a draft regulation and a draft directive, which together seek to enhance the EU’s ability to respond to the threat posed by these substances. We believe the regulation would require all member states to adopt the same level of control for a substance that is causing concern at the EU level, within a tiered framework of low, moderate and severe risk. While a framework for EU-level risk assessment and control of new psychoactive substances currently exists, member states can adopt stronger or weaker controls if they believe this to be appropriate. The directive would expand the definition of what the EU considers an illicit drug to include new psychoactive substances classed as severe risk under the new regulation.

In recent years, the growing role of these substances in the recreational drug market has presented policymakers and legislators across the world with significant challenges. They are generally synthetic drugs, designed to mimic the effects of drugs listed under the UN conventions and intended to fall outside the law. They are unlikely to have ever been tested on humans, and thus their short and long-term effects are largely unknown. However, the hospitalisations and deaths that have occurred due to the ingestion of some of these substances makes this a problem that Governments across the world cannot ignore, and we certainly do not do so.

The UK has played a leading role in tackling this threat. Our temporary drug control orders allow substances causing concern to be banned in a matter of weeks. Our forensic early warning system provides the latest intelligence on what substances are available in the UK, and our use of generic definitions under the Misuse of Drugs Act 1971 allows us to ban entire families of substances. These and other measures have enabled us to ban the majority of such substances seen in the EU and since 2010 we have banned in excess of 200.

The UK has also provided international leadership in this field. We have sponsored an international early warning system and a platform for sharing data on this threat via the United Nations Office on Drugs and Crime, as well as sponsoring two resolutions at the UN on the identification and reporting of new drugs.

Any EU-level action is required to comply with the principle of subsidiarity, meaning that decisions should be taken as close to EU citizens as possible. Article 5 of the treaty of the European Union states that, in areas where it does not have exclusive competence, the EU should only act if two conditions are met: first, where the objectives cannot be achieved by member states, and secondly, where EU-level action can add value by meeting the objectives more effectively. This Government does not believe, and I do not believe, that the EU proposals meet these conditions. In our view, the measures do not comply with the principle of subsidiarity.

To explain why, it is necessary to consider the legal base for the draft regulation. The Commission cites an internal market legal base, on the premise that there is a substantial licit—legal—trade in new psychoactive substances which requires a harmonised regulatory approach. The Government does not accept this premise, as our experience has overwhelmingly been that these substances are sold for recreational purposes and are closely tied to the illegal drugs trade, with only a small handful having legitimate use in industry. We believe, therefore, that the regulation should cite a justice and home affairs legal base, reflecting the illicit nature of the trade.

I know that the issue of Europe can excite Members across the House, but I stress that the position I am setting out is influenced not by whether one is crudely pro-EU or anti-EU, but by an objective assessment of EU law as it stands.

[Jim Shannon (Strangford) (DUP)]

What concerns Members across the House, apart from the question of Europe, are the deaths of young people, which have risen from 29 to 52 in England and Wales over the past year. What the Minister is taking about is exactly what we want to see: stronger action from Europe to support what the Government are doing.

[Norman Baker]

We certainly want stronger action from Europe on, for example, co-operation between member states on information, but my view is that this serious problem is best dealt with at member state level, rather than by waiting for the EU. The system we have in place at the moment allows us to take action more quickly than the proposals the EU is putting forward would allow us to do, so the hon. Gentleman’s point is met by the present system in the UK—I am not saying that it is perfect, because we want to improve it—rather than the EU system, which is defective in comparison.

Eurojust and the European Public Prosecutor’s Office

Jim Shannon Excerpts

Tuesday 29th October 2013 Commons Chamber

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I agree with the hon. Member for Kingston upon Hull North (Diana Johnson) on one point and disagree with her on another. I agree that there should be a debate on the Floor of the House when the three Select Committees publish their reports. They will provide important guidance to the Government in their negotiations. Where I disagree with her is that it is not sufficient for her to say, “Even if it were true, I would not have started from here.” The question still has to be asked whether the Labour party would, if it had had the opportunity, have opted in to the Eurojust proposal or not. She conspicuously failed to answer that question, except in a way that suggested that she had been given a narrow mandate by somebody in authority in the Labour party.

I start from the proposition that Eurojust is essential and that the European public prosecutor most certainly is not. For the one to get in the way of the other is harmful. Anyone who looked at the documentation for this debate and the excellent work of the European Scrutiny Committee would readily concede that there are many complexities to this matter. However, at its heart, there is a simple issue, which is that whereas cross-border crime requires an effective apparatus that takes advantage of our being in the European Union—we want to maintain those arrangements and it would be greatly contrary to Britain’s interests not to be part of them—the creation of the European public prosecutor is neither necessary nor, in the opinion of many of us, even desirable. That it should stand in the way of British participation and the participation of other countries in Eurojust is seriously harmful.

There are two ways in which the situation that we are confronted with creates difficulties for any British Government, of whatever party political composition. The first is that the proposals on the European public prosecutor and on Eurojust are interlocking. The draft directive on Eurojust incorporates the European public prosecutor so extensively that it makes the position of a state that wants one and not the other very difficult.

The second is that the mandatory powers that are given to national members of Eurojust fly in the face of arrangements in the United Kingdom. Of course, the arrangements throughout the United Kingdom are not uniform. The arrangements in England, Wales and Northern Ireland are quite different from those in Scotland. In Scotland, the Lord Advocate and the procurator fiscal can direct investigations. There is a clear separation between investigation and prosecution in England, Wales and Northern Ireland. Those differences need to be respected. If we can respect those differences in the United Kingdom, surely the European Union can respect the fact that the same objectives can be achieved by different legal systems.

[Jim Shannon (Strangford) (DUP)]

Does the right hon. Gentleman share the concern of many in this House, including the Minister, over the data that are collected by the Commission, which show that the conviction rate in the UK is 23%, when in reality it is about 75%? The data that the Commission collects centrally go against what we are trying to do.

[Sir Alan Beith]

There are many dangers in playing with those statistics. Not least, the objective of a 100% conviction rate seems to undervalue the ability of the court to determine that evidence is not sufficient to support conviction and punishment. We expect our courts to throw out cases that do not have a sound evidential basis. The whole statistical exercise is potentially dangerous and misleading.

I speak for the Liberal Democrats, rather than for the Justice Committee, because, oddly enough, this is a home affairs power rather than a justice power, and there is no doubt that we want to be in Eurojust. We do not want Eurojust to be complicated by the wholly different proposal for a European public prosecutor, and we do not want Britain’s participation to be impaired in any way.

The motion is carefully worded. It asserts that

“the UK should not opt in to the draft Regulation on the Eurojust at this time and should conduct a thorough review of the final agreed text to inform active consideration of opting into the Eurojust Regulation, post adoption”.

That wording is most ingeniously crafted. What I want it to mean is that we will make substantial efforts to ensure that we get a Eurojust regulation that meets our needs and those of a number of other member states that share our concerns and that can be allies in putting this matter right, so that there can be no doubt about our future co-operation in these arrangements, which greatly assist us in dealing with cross-border crime and catching up with fleeing criminals who dodge around the nations of Europe. That is of immense importance to us. I look forward to the Government’s active involvement in trying to get the Eurojust proposal right so that we can opt in to it in due course.

Immigration Controls

Jim Shannon Excerpts

Tuesday 22nd October 2013 Westminster Hall

[Priti Patel]

My hon. Friend is absolutely right. As I touched on earlier, immigrants are entrepreneurs and business people, and immigration touches on the skills agenda—another issue we could debate for a long time. Where people make a positive contribution, we should find the best routes—the right routes—to make them welcome and support them in visa applications and so on. We must be proactive on that front, but we can only do that and change the system in their favour once we have tackled the catalogue of problems, some of which I have highlighted.

The devastation left by the Labour Government was so great that we cannot overestimate the challenges faced by the Government and the Minister. Repairing the damage will no doubt take a long time. Labour’s legacy can still be seen across the country. I am sure that many hon. and right hon. Members see cases in their constituencies involving immigrants who have been deemed to have no right to remain in the UK, but, quite wrongly, pursue every legal avenue to remain here. In my constituency, there have been cases of immigrants who have outstayed their welcome. Such cases demonstrate the systemic failures of the controls put in place under the previous Government. I could reel off many cases, but I have a couple that I would like to highlight.

One lady from the Philippines was granted permission to enter the country in 2006 on a 48-month work permit to work in a care home. Since then, her husband, family and children, who have gone to local schools, have all come over. Once the visa expired and she was asked to leave, little action was taken, so the family remain in the UK. Last summer, the case was brought to my attention and an appeal to remain in the UK was rejected. To avoid deportation, the family lodged a further application to remain in the UK on human rights grounds in January this year, which was refused in June. The case is now going on and on. In July, they lodged another appeal, which is still pending. If that appeal is rejected, the family may undertake another appeal and prolong the process even more. Surely that cannot be right.

Another case in my constituency that has been ongoing for years involves a family from Nigeria who are here without any right to remain. They were informed that they should leave the UK two years ago, but they, too, embarked on a series of applications and appeals. Such actions are all about delay and prolonging the process for people who have no right whatever to remain in the country. That undermines public confidence in the immigration system. A stop must be put to repeated applications and appeals.

I welcome the measures in the Immigration Bill to limit the number of appeals that immigrants make. I urge the Minister to look at ways of going further in speeding up cases—the issue is the efficiency and effectiveness with which cases are determined—so that those who are deemed to have no right to remain in the UK can be removed without delay. Once someone has lost their case or appeal, unless there are genuinely exceptional circumstances, there is no reason why they should not leave voluntarily or be deported, if that has to be done, within a couple of weeks. They should certainly not be here for a prolonged period. That would obviously restore public confidence in the system and send a powerful signal to those who have abused the system. It would send a message that Britain is not a soft touch and will take tough action.

I also welcome the approach that will be taken to deporting foreign criminals before their appeals are held. I ask the Minister to consider extending that approach to other persons staying in the UK illegally and involved in repeat applications and appeals. An aspect of immigration controls that greatly concerns my constituents and the wider public is the way foreign offenders, prisoners and terrorists are able to remain in the country, despite the overt threat they pose to public safety and national security. The Abu Qatada case is symbolic of the wider problem with immigration controls and human rights laws: judicial activism and judgments from Europe that, frankly, undermine this country. We should be able to remove the likes of Aso Mohammed Ibrahim, who killed a 12-year-old girl, and serial Somali criminals Abdisamad Adow Sufi and Abdiaziz Ibrahim Elmi, without the courts and human rights laws interfering and our courts being lectured on what we should be doing.

Killers, sex offenders, violent criminals, persistent offenders and supporters of terrorists should face the automatic expectation of deportation. They should not expect to be protected by the ridiculous interpretations of human rights laws that the European Court of Human Rights, and sometimes even our own courts, provides. We should have a prison-to-plane approach, whereby foreign national offenders who have served custodial sentences are removed. When they leave prison, they should be taken to an airport and deported at the earliest opportunity. My constituents and the British public would feel greatly reassured if they knew that such dangerous criminals were not able to set foot again in our country and their communities. I welcome the fact that the Government are taking the matter seriously; that is shown in the way that they are initiating deportation proceedings sooner. As a result, the average time taken to remove a foreign national offender following the completion of a custodial sentence was lowered to 77 days in 2011. We still have 11,000 foreign national offenders in our prisons and thousands more who avoid custodial sentences.

The Minister knows of my concern about the fact that more than 3,100 foreign nationals who are subject to deportation orders are still in the country. Shockingly, that includes 2,300 people who have been on the list for more than a year, 25 of whom have been here for more than 10 years. Every day, hard-working British taxpayers are left to pick up the hefty bill for legal costs and other expenses for those individuals. We must put an end to it, and if that means going further on the Human Rights Act, reforming the European convention on human rights and taking unilateral action to defend parliamentary sovereignty from European judicial activism, my constituents and the British public would expect nothing less from a Conservative Government acting in the national interest.

I urge the Minister and his colleagues in the Ministry of Justice to look at ways to deport European prisoners to their countries to serve their sentences. As he is aware, the Council of Europe convention on the transfer of sentenced persons enables European national prisoners to be deported to serve their sentences in the country of their nationality, but unfortunately, it is a voluntary agreement. There are 4,000 or so European national prisoners in our jails, but only 138 applications were received in 2011, with 127 being referred to other jurisdictions for consideration. The numbers being deported under the convention are too small. In 2007, 111 prisoners were deported, but that number is declining and has since dropped, meaning that not even 1% of European national prisoners serve their sentences in their own countries. Slightly more than 1,000 foreign national offenders from the European economic area were deported in 2011. I hope that the Minister will make that issue a priority in his discussions in Europe and seek to secure the deportation of more European national offenders.

The final aspect of immigration controls I shall raise relates to immigration from Europe. The free movement of goods and peoples is an important principle of the European Union, but the unrestricted access given to European nationals has added significantly to our population and the strain on public services. Of the 2.7 million residents in this country who were born in other EU countries, 1.1 million are estimated to have been born in those countries that joined the EU since 2004. In 2003, more than 500,000 nationals from other EU countries and 50,000 from countries about to join in 2004 were employed in the UK. By 2011, that number more than doubled to 1.29 million, which included more than 700,000 nationals from the 2004 intake of member states and more than 500,000 from the pre-2004 accession.

On top of that, there are an estimated 600,000 economically inactive EU nationals in the UK, many of whom will be accessing public services and benefits. This morning, I read that one person in 25 claiming jobseeker’s allowance is an EU immigrant, so the pressure on the public purse and public services is clearly enormous. Meanwhile, child benefit is being paid in respect of 40,000 children living in other European countries.

It cannot be right that our country faces an uphill battle, and legal action with Europe, to reduce some of the benefits being paid to EU nationals. I encourage the Minister and the Government to consider how we can renegotiate the position with Europe to bring common sense and sanity to our immigration controls, so that they do not prevent the working of the free market but enable us to limit immigration, prevent abuses of free movement rights and remove those who should not be here and are pushing the boundaries by accessing benefits and public services.

I also press the Government to make greater use of the powers already available through the free movement directive to restrict the right of entry and the right of residence on the grounds of public policy, public security or public health. It is almost inevitable that we would be challenged by the European Commission for doing so, but there are many cases, especially involving European national criminals, where we must take a firm approach and give the public confidence.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for bringing this matter before the House for consideration. I apologise for not being here at the beginning of the debate; I had problems with the tube and was 45 minutes behind time. I understand that there is a top 10 list of countries that contribute to the crime rate in the United Kingdom. Not all of them are European; they are: Poland, Romania, Lithuania, Nigeria, India, Jamaica, Somalia, Portugal, Pakistan, and our neighbour, Ireland. Does she feel that the Minister should focus on those top 10? If we can deal with the top 10, we will deal with the majority of the crime rate.

[Priti Patel]

I thank the hon. Gentleman for his timely intervention. I was about to come to that list. It is right that we start focusing. There has been too much generalisation in the past, so we need a focus on some countries.

I have urged the Minister to take firm action on European national criminals. I also urge him to consider the transitional controls on Romanian and Bulgarian immigrants. The transitional controls are due to expire at the end of this year. First, immigration is about sustainability, and Britain cannot sustain or cope with a large influx from eastern Europe. Secondly, criminal gangs are an issue that is well documented; the hon. Member for Strangford (Jim Shannon) read out the list of countries. In the last 10 days, we have seen reports of Romanian criminal gangs committing crimes. They are flying into some of our airports daily. The experience of the last decade has led the public to feel anxious about new waves of immigration. This is an opportunity for the Government to reassure the public and give confidence about the new accession countries.

It is almost inevitable that we will feel the impact of new countries’ accession to the free movement directive. The Minister knows as well as anyone that more action is needed to establish an immigration system that is finally fit for purpose and has public confidence. The Government are taking the right steps towards creating a system of controls that enables wealth creators and entrepreneurs—those who want to make a positive contribution—to come to our country, as well as tourists, whom we invite, while keeping out people who should not be here. Once the excellent new Immigration Bill has gone through Parliament, I trust he and his ministerial colleagues will continue to focus on strengthening our immigration controls and taking action to secure our borders. As I have stated throughout this debate, we must send out positive messages to those whom we should welcome to this country and, importantly, reassure hard-pressed British taxpayers that we are fixing the broken system. We should give the public confidence in the immigration system.

--- Later in debate ---

[Mr Harper]

I am sure they are wise to trust the right hon. Gentleman, but I have not noticed before in debates that because he is a Labour party spokesman, Labour Back Benchers did not believe it necessary to come along and contribute.

I want to spend some time responding to the points raised by my hon. Friends, but first I want to explain briefly why the issue is of great concern. My hon. Friends the Members for Witham and for Cities of London and Westminster (Mark Field) put their finger on it when they said that we inherited a shambles. The previous Government had let migration run out of control at more than 250,000 a year.

The asylum system was also out of control, and my hon Friend the Member for Cambridge (Dr Huppert) alluded to that. When we came to office, we inherited 450,000 cases that had not been concluded; my predecessor, my right hon. Friend the Member for Ashford (Damian Green), did a sterling job in sorting that out and driving the number down. The hon. Gentleman is right in saying that we have not completed that work; we are still working through some very old cases. We know from the work of the chief inspector of borders and immigration that there was a period from 2007, under the previous Government, when, when there were queues, checks were not carried out, to manage the length of the queues. That does not happen now. We have an operating mandate: everyone who arrives at an airport is checked.

The right hon. Member for Delyn mentioned the one mistake that I believe the Labour party has acknowledged. The lack of transitional controls on accession countries in 2004, which my hon. Friend the Member for Cities of London and Westminster mentioned, was a huge mistake and is part of the reason that immigration is an issue. Parts of the country saw significant and fast growth in the number of migrants, which put public services under pressure. However, the right hon. Gentleman did not mention something that the Labour party skips over. During its period in office, the number of people coming from outside the EU was twice as high as the number from inside the EU. Yes, the Labour Government made a mistake with transitional controls for EU migrants, but what they do not talk about is the fact that twice as many came from outside the EU and there were no legal constraints from EU rules. They let that run out of control.

My hon. Friend the Member for Cities of London and Westminster talked about the importance of welcoming people who contribute. That is absolutely right. Ministers are always clear, although this is not always reflected in what is reported, about achieving a balance. We want the best and the brightest to come to Britain and we want people to contribute. The Queen’s Speech referred to an immigration Bill and it was clear that it would have two purposes. One was to attract those who wanted to come and to contribute, and the other was to deter those who did not. We must get both parts of that story right; I will touch on the detail in a moment.

My hon. Friends the Members for Cities of London and Westminster and for Witham talked about issues with EU nationals and where we need to tighten up on those who abuse free movement, particularly when there is criminality. There are some real issues of criminality in the constituency of my hon. Friend the Member for Cities of London and Westminster. Immigration enforcement officers are working closely with his local authority and the Metropolitan police to deal with those involved in what we tend to call low-level criminality, but which has a real impact on UK nationals and visitors who want to come and spend money in our country. We have taken significant steps.

The real issue with EU nationals is that although we can remove them from the country and we have had some successful operations—for example, we removed a significant number of Romanian nationals from Hendon— they can come back. My hon. Friend the Member for Cities of London and Westminster should be aware that we are looking closely at the legal scope to take a tougher approach, and I hope that he will welcome that.

My hon. Friend should also be aware that because of pressure from the Home Secretary at EU level, we finally got the message home. At the Justice and Home Affairs Council on 7 and 8 October, the Commission accepted for the first time that there is an issue with abuse of free movement rights. Commissioner Reding stated that free movement is a fundamental achievement, with which I agree, but the Commission also noted that free movement rights are weakened by abuse and that it would support member states to use existing EU tools—including sanctions such as expulsion and re-entry bans in certain circumstances, with the appropriate safeguards—to fight such abuse. That is very welcome.

The Home Secretary raised those issues with the Commission and with colleagues from Germany, Austria and the Netherlands, and we have started to build a sense that there is a problem to solve. If we solve that problem and the problems of abuse, we will strengthen the benefits of free movement across the EU, from which many British citizens benefit, and make Britain a more attractive home for inward investment. I can give my hon. Friends the Members for Witham and for Cities of London and Westminster some comfort that we are addressing that situation.

My hon. Friend the Member for Cities of London and Westminster will also be familiar with Operation Nexus, on which we are working with the Metropolitan police to identify foreign nationals at the point of arrest and to consider where we have immigration powers that may be used alongside criminal justice interventions to remove people from the country who should not be here and who are potentially involved in criminality.

[Jim Shannon]

Operation Nexus is a campaign run by Scotland Yard, which I understand has indicated that it is seeking more resources so that it can do its job better. I understand that Scotland Yard is seeking resources from Europe, too. Have those resources been allocated? If so, are they allocated from Government funds or through European funding?

[Mr Harper]

On resources—I mean to present this in a balanced way—it is not surprising that about a third of criminals in London are foreign nationals, but that is not a hysterical point; it is understandable, because broadly a third of the population of London are foreign nationals. The Metropolitan police’s core job of addressing criminality involves dealing with a significant number of foreign national criminals. The number is not disproportionate; the proportion is about what would be expected, given that there are significant numbers of foreign nationals in London. The tools we are able to give to the Metropolitan police, working with our immigration enforcement officers, means that it can do that job more effectively. We have seen significant success, and we have started to roll out those resources in the west midlands, for example, and increasingly in other police forces across the United Kingdom. I think that will be helpful.

The Home Office is also leading work with the Ministry of Justice and the Foreign and Commonwealth Office to address foreign national offenders. We have 16 priority countries—not 10, as my hon. Friend the Member for Strangford (Jim Shannon) said—including two EU member states, Portugal and Romania, which we are supporting in the use of the EU prisoner transfer agreement. We are working closely with colleagues in Romania to consider the effectiveness of Romanian criminals arrested in the UK being able to serve their sentences in Romanian prisons.

As the right hon. Member for Delyn said, we are working closely with the Nigerian Government. That work is not just the agreement, in which he rightly said that the previous Government had a role; the agreement had to be translated into Nigerian law, which has now been done. We have just signed a compulsory prisoner transfer agreement with Albania.

[Jim Shannon]

Will the Minister give way?

[Mr Harper]

If my hon. Friend will forgive me, I want to address some of the points raised earlier in the debate.

My hon. Friend the Member for Cities of London and Westminster talked about the importance of being open for business, and I draw his attention to an excellent one-page guide circulated yesterday by the right hon. Member for Birkenhead (Mr Field) and my right hon. Friend the Member for Mid Sussex (Nicholas Soames), who ran the all-party group on balanced migration. The document is an excellent quick guide showing some important statistics on Britain being open for business, the number of business visitors and how easy it is to get a job here after university.

My hon. Friend the Member for Cities of London and Westminster is right that there are issues, although, largely, they are not issues of perception, but that does not mean they are not important. Of course, part of the job that the Chancellor and the Mayor of London were doing last week in China was to ensure that perceptions catch up with reality. For example, in China the average time for a business visitor to get a visa to Britain is some eight days, and we are looking to make that even faster for high-value visitors. I am not pretending that there are no real issues on the business side, because there are, but, certainly for overseas visitors, we have seen very strong growth.

There are many perception issues, which is why we have to be clear about what we are doing. I regularly meet universities and businesses, and I have met the City of London corporation. We are incrementally improving the system, and my hon. Friend is absolutely right that that is important for Britain.

My hon. Friend is also right to draw attention to health issues and the pressure on St Mary’s hospital, Paddington, in his constituency. He will have seen today that the Health Secretary has published a significant independent audit, which has been peer-reviewed and shows that the NHS is failing to recover some £500 million of income that it should be getting from the foreign nationals that it treats. Frankly, I find it extraordinary that the Labour party, or at least its health spokesman—I do not know whether he talked to the right hon. Member for Delyn—has said that it will not support our proposals on that. I do not know whether that is connected to the Unite union’s opposition to those health proposals. In fact, Unite has said that health workers should not collect money from foreign migrants. I do not know whether Unite is setting Labour’s policy, but that statement is extraordinary. We have a national health service, not an international health service. We are not talking about not treating people, which is one of Unite’s scare stories; it is about charging people who have no right to free treatment.

If my right hon. Friend the Health Secretary and I go to another European country, that country is much better at charging the UK for our health treatment; we are not very good at charging for such treatment. If we went to another country, we would be expected to use private health care. In some countries we would not get health treatment before paying for it. In the UK, though, we are talking about never withholding urgent treatment but ensuring that people pay for it, which is fair to taxpayers. I look forward both to the changes that we are making in the Immigration Bill and to my right hon. Friend’s proposals for charging overseas visitors and being more effective at recovering the money.

I will forgive the right hon. Member for Delyn because he has been in his job for only 10 days, but he should be aware that the Government who stopped fingerprinting clandestines at Calais were the Government of whom he was a member. That change took place in January 2010, which, as far as I can tell from looking at the calendar, was prior to the general election. Perhaps he should check. We will consider whether that is still correct and whether we could improve the process.

In her comprehensive speech, my hon. Friend the Member for Witham referred to ways of improving how we deal with cases. She is right, and several Members have touched on there being in-country issues in the United Kingdom when assessing cases, which is why my right hon. Friend the Home Secretary broke up the UK Border Agency. We now have a UK visas and immigration operation that has a real focus on customer service for people who are paying for visas and coming to the United Kingdom to work hard, study and contribute. We want to give them good customer service. We are not there yet, but we have significantly improved on the backlogs that we saw in 2012-13. We are trying to improve both the overseas performance we deliver and the performance in-country.

I will continue meeting universities, as I did with my hon. Friend the Member for Cambridge—I had an excellent meeting with his university. We have taken some of those meetings forward. I meet the Russell Group, and I meet other top-quality universities in Britain to address their real issues, so that we can continue to increase the number of university students who come to Britain while ensuring that those institutions that are selling not education but immigration permits, which my hon. Friend the Member for Cities of London and Westminster talked about, are put out of business and cannot abuse the immigration system.

My hon. Friend the Member for Witham talked about people who make lots of claims and delay things, and she is right. I fundamentally believe that we should offer asylum to those who are genuinely fleeing persecution, but if the system is to work and to command public confidence, the flip side is that those whom we find do not need our protection—and where an independent judge agrees that they do not need our protection—should return to their country of origin. We should not have to spend thousands and thousands of pounds of taxpayers’ money detaining those people and enforcing their removal. Everyone who abuses our system in such a way is damaging the interests of genuine refugees, to whom I want Britain to give a warm welcome and to enable them to rebuild their lives. [Interruption.] With the greatest respect, this debate was called by my hon. Friend the Member for Witham and I am trying to cover all the important points.

The Immigration Bill will streamline the immigration process and ensure that for foreign national offenders, if we can, we will have non-suspensive appeals so that, as long as they do not face irreversible harm overseas, we can deport them first and hear their appeal afterwards. In many cases, I suspect that will mean that we never hear the appeal, because my hon. Friend and I both know that the appeal is a mechanism to delay their removal from the United Kingdom.

We have had a comprehensive debate that is perhaps a warm-up for the Second Reading of the Immigration Bill, which I look forward to.

Border Force

Jim Shannon Excerpts

Wednesday 4th September 2013 Commons Chamber

[Mr Harper]

I am grateful for my hon. Friend’s comments. As I have said, it is a bit rich listening to the Labour party moan about all the things that it left us and we are fixing—that constant refrain applies across all Departments. May I say, in answer to a previous question, that the second generation of the Schengen information sharing system will be online, under the current plan, at the end of October 2014? That will very much improve our ability to deal with criminals from elsewhere in the European Union.

[Jim Shannon (Strangford) (DUP)]

Cigarette smuggling through the airports in Northern Ireland is excessive; there is also some indication of paramilitary involvement. Border Force staff have told me that, if there were more staff, they could combat the issue clearly at the airports. What steps will the Minister take to ensure that extra staff are made available in Northern Ireland to take on this issue?

[Mr Harper]

Obviously, we look at the intelligence available to us, particularly on freight. I am well aware of the potential paramilitary implications in Northern Ireland of cross-border smuggling and the fact that organised crime may be funded in this way. So we look at that information on organised crime. We have also created the National Crime Agency, albeit with restrictions on its actions in Northern Ireland in the criminal justice sphere. In the border field, however, the border policing command, the improved intelligence that we get and the increased ability to combat crime will be helpful in combating both the crimes the hon. Gentleman has mentioned and others that cross our borders.