Prisoners: Foreign Nationals

– in the House of Lords at 11:20 am on 29 June 2006.

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Photo of Baroness Sharples Baroness Sharples Conservative 11:20, 29 June 2006

asked Her Majesty's Government:

How many dangerous foreign nationals are still at large and why 200 released from prison are not going to be deported.

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, this is part of the information on foreign national prisoners that the Immigration and Nationality Directorate has been asked to recheck. The director general of the IND confirmed the position to the Home Affairs Committee, and I cannot provide any information in advance of that. He explained to it that there were around 200 cases with an initial decision not to proceed with deportation. A review process is in train, which means that these cases are being reconsidered.

Photo of Baroness Sharples Baroness Sharples Conservative

My Lords, I thank the Minister for that half-Answer. Will he comment on what the new Immigration Minister said about the possibility of there being no deportation and an amnesty for these people?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, subsequent to that it has been made clear that there is no amnesty. That remains the Government's position.

Photo of Lord Corbett of Castle Vale Lord Corbett of Castle Vale Labour

My Lords, does the Minister have any figures that compare the reoffending rates of foreign nationals convicted of serious criminal offences with our own nationals similarly convicted? Are they higher or lower?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, I do not have those figures. I am happy to write to the noble Lord with any information that can be gleaned. My understanding is that the figures in any event are likely to be broadly similar.

Photo of Lord Dholakia Lord Dholakia Deputy Leader, House of Lords, Spokesperson in the Lords, Home Affairs

My Lords, with how many countries have we signed the memorandum of understanding about their nationals being deported from this country? What will happen where no such understanding exists?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, in answer to the noble Lord's second question, if it is not safe to deport people to a country such as Somalia, then we do not undertake to do that. I do not have the precise number of countries in relation to his first question, but undertake to write to him on that point.

Photo of Viscount Bridgeman Viscount Bridgeman Deputy Chief Whip, Whips, Shadow Minister, Home Affairs, Shadow Minister, Northern Ireland

My Lords, on 3 May in Another place the Prime Minister said:

"One part of dealing with this is taking measures now to legislate so that everyone who is a foreign national who serves a prison sentence is automatically deported".—[Hansard, Commons, 3/5/06; col. 963.]

When do the Government expect to fulfil that undertaking?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, it would be wrong of me at this stage to anticipate additions to the legislative programme. Clearly, we are looking very carefully at this issue. I am sure the noble Viscount shares my assumption that there will be an automatic presumption to deport.

Photo of Lord Dubs Lord Dubs Labour

My Lords, will my noble friend confirm that some countries will not issue passports or travel documents to those of their nationals whom we wish to deport? That is one of the problems facing the Home Office.

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, the noble Lord is absolutely right. One of the great difficulties in deporting foreign national prisoners is a lack of documentation. Receiving countries will not receive if no documents are available, and certainly if no passport is available.

Photo of Lord Skelmersdale Lord Skelmersdale Shadow Minister, Work & Pensions

My Lords, will the Minister explain on what basis he is not giving this House information, when the same information is presumably about to be revealed to a Select Committee of Another place?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, it would be discourteous to the Home Affairs Committee—

Noble Lords:

Oh!

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, a promise and commitment has been made by the director general that that information will be provided to the Select Committee first.

Photo of Lord Marlesford Lord Marlesford Conservative

My Lords, I put down a Question for Written Answer on 26 April asking whether convicted foreign prisoners who had been recommended for deportation were entitled to apply for asylum. I received the reply only yesterday—nine weeks later. Does he understand the reply I received? I do not.

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, the noble Lord has me worried. I will go away and read that reply very carefully; I apologise to him for the length of time that it took to reply to his Written Question.

Photo of Lord Avebury Lord Avebury Spokesperson in the Lords (Civil Liberties), Home Affairs, Spokesperson in the Lords (Africa), Foreign & Commonwealth Affairs

My Lords, is it policy to deport foreign nationals to countries where torture is regularly practised in the absence of the memorandum of understanding? Do the Government intend to renege on our obligations under the convention against torture?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, this Government would not renege on that policy. Of course we do not want to place any individual in a position where they are going to be tortured if they are returned to an unsafe country. That is not the Government's policy. Our policy is to deport those dangerous criminals who have served time in prison and should rightly be returned to their country of origin.

Photo of The Earl of Sandwich The Earl of Sandwich Crossbench

My Lords, is the Minister aware of the case of the Ghanaian detainee in Haslar who was deported three times by the Home Office? He got only as far as the airport and was then returned to detention. Does the Minister know whether that person has been deported, because his papers were in order?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, it is not policy or practice to discuss individual cases at the Dispatch Box. I am not aware of all the details of that case. I am happy to take the point away and ensure that the noble Earl is corresponded with on the issue.

Photo of Baroness Sharples Baroness Sharples Conservative

My Lords, does the Minister accept that we consider that his brief has been entirely unsatisfactory today?

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, I do not accept that at all. I have attempted to answer all questions that have been put to me. If I do not have the information in front of me, clearly I cannot provide it, but in every circumstance I undertake to provide as much information as I can and particular points will be responded to in correspondence.

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