Oral Answers to Questions — Home Department – in the House of Commons at 2:30 pm on 10 June 2013.
Andrea Leadsom
Conservative, South Northamptonshire
2:30,
10 June 2013
What steps she is taking to prevent abuse of article 8 of the European convention on human rights in respect of the removal of foreign criminals.
Mark Harper
The Minister for Immigration
Last July, we changed the immigration rules to ensure that, under article 8, the rights of society are properly balanced against the individual rights of foreign national offenders. The rules received the unanimous support of this House. Unfortunately, some judges are not applying the rules as Parliament intended, and our Immigration Bill will give the full force of primary legislation to them.
Andrea Leadsom
Conservative, South Northamptonshire
I am grateful to my hon. Friend for his answer. What more can he do to try to ensure that judges strike the proper balance between the rights of the individual and the rights of society, which are sometimes under threat from them? Can he persuade judges to listen to the will of Parliament?
Mark Harper
The Minister for Immigration
I am grateful to my hon. Friend for that. Of course this House thought that that is exactly what it had done, as it sent a very clear message to judges about the balance that this House, on behalf of society, had struck to put the rights of the innocent first. Judges have not got the message, which is why we will legislate to make sure that it is reflected in the law.
Chris Bryant
Shadow Minister (Home Affairs)
Given what the Minister has just said, why on earth was the number of foreign criminals deported in 2011 just 4,522, whereas in the last year of the Labour Government it was 5,528? The Government are failing on this, and it is little to do with what he has said. Given that one of the best ways of making sure that suspected criminals are deported from this country is the European arrest warrant, which extradites them elsewhere, why on earth are the Government thinking of withdrawing from it?
Mark Harper
The Minister for Immigration
The hon. Gentleman should know that this is about exactly the reason I set out; he will know, if he has done his research, that between 2011 and 2012 there was a significant increase, of more than 1,000, in the number of appeals made by criminals to prevent their deportation. That is exactly why we need to take action, and it is another area we will deal with in the Immigration Bill.
Gerald Howarth
Conservative, Aldershot
May I congratulate my hon. Friend and the Home Secretary on the determination with which they have pursued this matter? I invite my hon. Friend to recall the remarks made by the Prime Minister last week in answer to me, when he expressed great concern about the European Court of Human Rights, which has been subverted from its original intention. Are the Government still prepared that the United Kingdom should secede, because the British people are absolutely fed up with this Court?
Mark Harper
The Minister for Immigration
My hon. Friend will know that the Government have laid out our position clearly. I suspect that the issue he mentions—what happens to the Human
Rights Act and with this country’s relationship with the European Court—will be dealt with in debate at the General Election.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.
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