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Scheduled Mass Deportation: Jamaica
30 November 2020
Lead MP
Chris Philp
Debate Type
Ministerial Statement
Tags
ImmigrationJustice & CourtsWomen & Equalities
Other Contributors: 35
At a Glance
Chris Philp raised concerns about scheduled mass deportation: jamaica in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
This charter flight to Jamaica aims to remove foreign criminals who have committed serious offences including sexual assault against children, murder, rape, drug dealing and violent crime. These individuals are Jamaican citizens serving sentences in UK prisons for their crimes. The minister emphasised that the flight is not related to the Windrush generation, as none of the deportees qualify for the Windrush scheme. Under the UK Borders Act 2007 and Immigration Act 1971, foreign national offenders (FNOs) who have served custodial sentences can be considered for deportation. In the year ending June 2020, there were 5,208 enforced returns, with only 33 going to Jamaica, highlighting that this decision does not represent a significant shift in policy. The minister stated that those being deported have ample opportunity to raise reasons against their removal, and legal claims are already being raised by some of the individuals on the flight.
Clapham and Brixton Hill
Question
First, no one opposing this flight condones any of the crimes that these individuals have been found guilty of. It is the process of mass deportation that is fundamentally wrong, and it is notorious for bundling people out of the country without due process. Does the Minister recognise that this decision effectively amounts to double jeopardy when those involved in some lesser offences have already served their custodial sentence? Does he recognise the message that that sends about the consequences of being a white offender or a black offender, given the racial disparities in sentencing?
I hope the Minister agrees that no one is above the law, not even the Government, and that no one is beneath adequate defence and proper legal representation, not even those born in other countries. Will he therefore outline whether the deportees have been granted access to adequate legal advice and representation, and whether any have been allowed to appeal this decision, particularly given the lockdown restrictions and the likelihood that they would have no access to legal aid?
On being above the law, the Equality and Human Rights Commission recently found that the Home Office unlawfully ignored warnings that the hostile environment was discriminatory. Can the Minister explain why the Government are so comfortable continuing with a key part of the hostile environment policy when it has been so damningly called into question? Has he considered the 31 children who will be impacted by having a parent removed from this country?
The Home Office has got it wrong again and again on immigration. Will it therefore think again, halt this deportation flight and finally end the illegal hostile environment?
Minister reply
The hon. Lady speaks of what she calls mass deportations. I have already pointed out that, over the last year, of the 5,800 people who have been removed, only 33 have been of Jamaican nationality.
The hon. Lady mentioned black versus white. She was insinuating in her question that there was some element of underlying racism in this, but I have pointed out already that the vast majority of people who have been removed this year have been removed to European countries. This policy applies to people from Spain, France and Italy as much as it does to people from Jamaica. There is no element of discrimination in this policy whatever, and the hon. Lady was completely wrong to insinuate that, in some way, there was.
The hon. Lady asked about double jeopardy. She said that these people have been punished by a prison sentence already, but I say this: if somebody comes to this country, commits a serious criminal offence and puts our constituents at risk, it is right that, once they have served their sentence, or a great part of it, they should be removed. It is not just me who thinks that; it is the Labour Members who voted for this law in 2007 who think that, some of whom are sitting in this Chamber today.
The hon. Lady mentioned the EHRC and the compliant environment. This case is nothing to do with the compliant environment; it is about implementing the Borders Act 2007, as we are obliged to do. In terms of due process, there are ample opportunities to complain and appeal, as many people do, and I have mentioned already the case of a murderer who was taken off the flight just a few days ago following legal appeals.
We are protecting our fellow citizens, and I suggest that the hon. Lady takes a similar approach.
Bob Blackman
Con
Harrow East
Question
Will my hon. Friend make it clear that people who come to the United Kingdom to contribute to our economy and our society are most welcome, but that those who come from foreign countries and then commit the most heinous of crimes, be it murder, sexual violence, violence against children or violence against the person, can expect to experience the full force of law and then be required to leave the country at the end of their sentence? Does he agree that, far from the public disagreeing with that, they are wholly in support of it and expect the Government to take this action to keep society safe?
Minister reply
My hon. Friend, as always, puts it very well. Of course, when people come to this country as immigrants and make a contribution—to academia, to the work environment, and in myriad other ways—we welcome them with open arms. Our new points-based system, which will become active in just a few days’ time, does precisely that. However, as he says, if somebody comes to this country and enjoys our hospitality, but abuses that hospitality by committing a serious criminal offence, they can, should, and will be removed in the interests of public protection.
Holly Lynch
Lab
Batley and Spen
Question
I pay tribute to my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) for securing an urgent question on deportation issues. The news of a flight comes days after the Equality and Human Rights Commission found that the Government acted unlawfully in their treatment of the Windrush generation through the hostile environment policy, resulting in delays in compensation payments. Given this, we have no faith that the Government has done due diligence for those scheduled to be on the flight. I ask what assessment has been made to ensure none are eligible under the Windrush scheme or affected by immigration injustices and if a commitment exists not to repatriate people who left Jamaica as children.
Minister reply
The hon. Lady asks about the Windrush scheme. Over 6,300 people have received citizenship and 13,300 documents issued. 226 people have received compensation totalling over £2.1 million. All cases on the plane have been individually assessed, none are eligible for the Windrush compensation scheme. The Government is fully committed to removing those sentenced to custodial terms of over 12 months under the UK Borders Act 2007.
Ben Bradley
Con
Morley and Outwood
Question
The majority of Mansfield residents will feel that foreign criminals who violate laws should be removed from this country. Will my hon. Friend assure me that public safety is at the forefront, and that Labour’s attempts to draw everything into an argument about race are both wrong and an attempt to silence those they disagree with?
Minister reply
Agreeing with sentiments for protecting British citizens from dangerous criminals. Over half of removals and deportations are to European countries. Less than 1% of removals in the past year have been to Jamaica, so there is no racial element.
Stuart McDonald
SNP
Caithness, Sutherland and Easter Ross
Question
While some deportation decisions are clear cut, many more involve balancing various factors. The Home Office’s policies and practices have been criticised in reports. Why not exclude in law the deportation of those who spent their childhood years here? Why not commission Stephen Shaw to review the whole framework on deportation?
Minister reply
In relation to deportations only, the 1% figure is very similar to removals more generally. We did not accept Shaw’s recommendation about age back in 2018 and we do not now. We remain committed to implementing the obligations imposed by the UK Borders Act 2007.
Jack Brereton
Con
Stoke-on-Trent North
Question
The Opposition oppose the Government’s efforts to deport foreign criminals who pose a risk to the British public. Does my hon. Friend agree that the Conservative party is committed to law and order, evidenced further by our extra funding for more police?
Minister reply
Agreeing with standing up for safety of constituents. Disappointing Labour Members are questioning removal of dangerous foreign nationals now when we have had over 30 charter flights go this year.
Yvette Cooper
Lab
Pontefract, Castleford and Knottingley
Question
The Minister should address the backdrop of distrust among communities affected by Windrush scandal. Given previous Home Office responses to reports identifying 32 people likely to be part of the Windrush generation but deported as deemed foreign national offenders, will he now investigate those cases?
Minister reply
Checks have been carried out for those on the recent flight, none are in scope of the Windrush compensation scheme. In relation to historical cases, I will look into and write to her.
Tim Loughton
Con
East Worthing and Shoreham
Question
Finding it extraordinary that Opposition choose an urgent question for serious foreign criminals rather than standing up for crime victims. Can my hon. Friend comment?
Minister reply
Disagreeing with the choice of topic. Government is discharging duty under UK Borders Act 2007 passed by last Labour government. Legal attrition rates on flights are high due to legal claims often made at the last minute.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Question
Even if the Home Office were halfway competent in dealing with these matters, this area would still be absolutely fraught with difficulties. When will that agreement be published?
Minister reply
We do not have any formal agreements but there is an ongoing dialogue about individual flights and operational circumstances.
Rob Butler
Con
N/A
Question
As a magistrate, I frequently encounter criminals who came from overseas and committed serious offences causing pain. Does my hon. Friend agree that the responsibility of all is to stand up for victims?
Minister reply
My hon. Friend speaks as a magistrate, hitting the nail on the head: protecting our constituents from foreign national offenders.
Diane Abbott
Ind
Hackney North and Stoke Newington
Question
Does the Minister accept that many people feel this mass deportation is cruel and dangerous?
Minister reply
The answer is yes, as she herself voted in 2007 for the Act of Parliament requiring these deportations. The Government has been carrying out these flights throughout summer and autumn with methods found to be covid-safe.
Marco Longhi
Con
Dudley North
Question
Does my hon. Friend agree that any person who comes to the UK, engages in criminal activity, breaks our laws, and abuses our hospitality has no place in our society?
Minister reply
Yes, I agree entirely. These are dangerous offenders whose crimes include murder, rape, and sexual assault against children.
Afzal Khan
Lab
Manchester Rusholme
Question
The Equality and Human Rights Commission concluded that the hostile environment policies broke equalities law; has any negative equality impact been identified with this flight?
Minister reply
This flight is not part of the compliant environment to which the EHRC report referred. The Home Office is confident none of these cases are Windrush eligible.
Caroline Nokes
Con
Romsey and Southampton North
Question
Can my hon. Friend explain what level of discretion the 2007 Act gives Ministers and reassure that each case on this flight is suitable for deportation?
Minister reply
We seek to fully abide by the terms of the 2007 Act; every case in scope of the charter flight going in a few days has been very carefully considered.
Erith and Thamesmead
Question
Can the Minister confirm that an equalities impact assessment has been completed for these proposed deportations?
Minister reply
We are confident about the legal compliance of each case, but there is no equalities impact assessment.
Bury South
Question
Welcome to the modern Labour party—more concerned about stopping deportation than keeping streets safe. Can he confirm that this Government are removing foreign criminals from the UK every week?
Minister reply
My hon. Friend is right: it is the Conservative Government who prioritise victims and public safety.
N/A
Question
Happy St Andrew’s day, Mr Speaker. Is it not time to provide legislative certainty for those who come to the UK as children?
Minister reply
When removing people who are not British citizens but put our constituents at risk, it is right that we move to deport them.
N/A
Question
I fully support what my hon. Friend is doing to deport dangerous criminals and keep people in this country safe. Is he concerned by reports of activist lawyers trying to thwart the Government’s legal efforts?
Minister reply
My hon. Friend is right; we find abuse of legal process, often immediately before removal or deportation.
Andrew Slaughter
Lab
Hammersmith and Chiswick
Question
A constituent on this flight came to the UK in 1997 aged 26. He has two children aged 21 and 18, was in prison for two years, and had his life under threat when in Jamaica. Will the Minister delay this flight at least to give proper legal advice?
Minister reply
No, we certainly will not be stopping the flight but I do know that the hon. Gentleman has written to me about this case.
Gareth Johnson
Con
Dartford
Question
Will the Minister commit to review any law that prevents the deportation of these people, because no law should stop us removing foreign nationals who have committed very serious criminal offences?
Minister reply
I entirely agree with my hon. Friend and I can give him that assurance.
Dawn Butler
Lab
Brent East
Question
The Minister does not seem to understand the sensitivities around the Windrush scandal, but nobody is arguing about deporting very serious violent criminals. Can the Minister say with certainty that nobody on this flight has been committed of just driving offences or has been groomed as a child?
Minister reply
As the hon. Lady will know, only people who have been sentenced to a custodial sentence of a year or more are eligible.
Philip Davies
Con
Shipley
Question
The fact that it is in any way controversial to deport foreign nationals who commit serious offences and are persistent offenders shows just what a farce the Labour party has become in recent years. May I say to the Minister that the overwhelming majority of my constituents will absolutely support what he is doing?
Minister reply
I am very grateful for the support emanating from the people of Shipley.
Kim Johnson
Lab
Liverpool Riverside
Question
Government plans to push ahead with the mass deportation of 50 people to Jamaica this week are both obscene and irresponsible, and they fly in the face of the damning Equality and Human Rights Commission report released only last week. Will the Minister outline whether the EHRC’s findings have been taken into account during this process?
Minister reply
I have already pointed out that these flights are nothing to do with the compliant environment; none of these individuals is in the scope of the Windrush compensation scheme.
Gagan Mohindra
Con
South West Hertfordshire
Question
The British people will expect foreign national offenders who have violated our laws and our values to be removed from our country. Does my hon. Friend agree that this charter flight shows that we are acting in the interests of the British people?
Minister reply
Yes, I strongly agree.
Florence Eshalomi
Lab Co-op
Vauxhall and Camberwell Green
Question
I have been contacted by many of my constituents in Vauxhall who are concerned about these deportations. Given the Government’s track record on Windrush, will the Minister confirm how many recommendations from the Wendy Williams review have been implemented?
Minister reply
The Home Secretary is fully committed to implementing each and every one of Wendy Williams’ recommendations.
Question
Nearly 12 months ago, in constituencies such as Workington, this people’s Government were elected on a promise to make Britain safer and more secure. Does my hon. Friend agree that by continuing to remove these dangerous criminals from this country we are delivering on that commitment?
Minister reply
Yes I do agree, of course.
Vicky Foxcroft
Lab
Lewisham North
Question
I have a constituent on the flight who came to the UK aged 11. He has no friends or family in Jamaica, but he does have three children who do not know that he is likely to be deported. Have the Government carried out any assessment of the impact this will have on his children?
Minister reply
The balance between family rights and public safety is set out in statute.
Question
There is great support in Amber Valley for the deportation of serious foreign national offenders but also great concern at how long the process takes. Does the Minister have any plans to revert to the position in the Immigration Act 2014, where some provisions were included?
Minister reply
We are looking at ways we can expedite the proceedings.
Question
Dangerous foreign criminals, including murderers, rapists and drug dealers, have no right whatever to remain in this country. The people of Blackpool South expect the Government to be resolute in standing up to those activist, left-wing lawyers who are working against the clear national interest.
Minister reply
As always, my hon. Friend speaks very well for his constituents.
Question
What worries me about the case of my constituent, who is due to be deported, is that I cannot even name him today, because there are genuine and credible grounds for him to believe that his life is under threat.
Minister reply
There are obviously legal channels through which individuals can raise concerns.
Joy Morrissey
Con
Beaconsfield
Question
It is disappointing that Opposition Members have been less than supportive of the Government’s efforts to deport dangerous foreign criminals who pose a serious threat to this country’s national security and to the safety of the British people. Does my hon. Friend agree that the Conservative party is the only party committed to standing up for the victims, to having a firm hand on law and order and to making sure that this country remains safe and secure?
Minister reply
My hon. Friend makes a very good point. It has been conspicuous this afternoon that it has been Government Members who have stood up to speak out for victims and for the safety of their constituents; we have heard almost nothing of that from Opposition Members. The British public will have heard that, and they will draw their own conclusions.
Janet Daby
Lab
Lewisham East
Question
If the Minister listens carefully, he will hear that I am also speaking about victims and rehabilitation. The recommendations made by the Windrush lessons learned review have still not been implemented in full, and we still do not know why people are illegally deported. It is this that has caused distrust in the Government. Many of these predominantly black people set for deportation have already served their sentence. Many committed these offences when they were young, as they were victims of drugs operations known as county lines or have been criminalised in association. I put it to the Government that many of these people have grown up in this country since childhood, and it is our country’s moral responsibility to rehabilitate them.
Minister reply
The hon. Lady said a few moments ago that the people subject to deportation proceedings are mainly black. That is not true because, as I said earlier very clearly, the majority of people removed and deported are removed and deported to European Union countries, and in the last year well under 1% of people subject to these proceedings have come from Jamaica. In relation to age, the test, as we have discussed already, is set out in statute—in the UK Borders Act 2007. It is an Act passed by the last Labour Government with the votes of a number of her colleagues who are sitting on the Opposition Benches right now.
Lee Anderson
Reform
Ashfield
Question
Unlike Opposition Members, the people of Ashfield are absolutely delighted that murderers, rapists and other dangerous criminals are being flown out of the UK and deported to their country of origin. This will keep our streets safer and send out a clear message to anyone who does not share the values of our great country. Can my hon. Friend please reassure me and the people of Ashfield that this Government will continue to send vile criminals back to where they come from as they have no place in our society, and can he also thank Opposition Members for supporting this Act when it was passed in 2007?
Minister reply
I am sure the Opposition Members who voted for the 2007 Act are extremely grateful for my hon. Friend’s reminder and thanks, but the thrust of his point I completely agree with. It is right that where someone endangers our fellow citizens, we act to deport them, because if we do not do that, we are exposing our constituents to ongoing risk. That is completely unacceptable, and this Government will take action.
Stephen Timms
Lab
East Ham
Question
The Minister is making it clear that he and his Department find it irksome having to comply with the current requirements of the law. Thank goodness they do, because the law is there to protect everyone, and I get the impression that a number of Government Members do not approve of that. What access have those who were due to be on this flight had to legal advice prior to the flight’s departure?
Minister reply
I would not say the Government find it irksome to offer people due legal process; of course we do not, because we respect those legal processes. However, we do find it deeply frustrating and, frankly, at times inappropriate when the legal system and the legal process are used in an abusive or vexatious way, as they apparently sometimes are. That is something we intend to come back to in legislation next year. In relation to access to justice, there are very ample opportunities provided for consultation with lawyers by all kinds of means. I would say that in my observation of people subject to Home Office proceedings, one thing they are not short of is legal advice—very often legally aided. The access to justice point that the right hon. Member makes is certainly amply catered for in a whole range of different ways.
Shadow Comment
Bell Ribeiro-Addy
Shadow Comment
The shadow spokesperson criticised the process of mass deportation as fundamentally wrong for lacking due process. She questioned whether deporting those who have already served custodial sentences amounts to double jeopardy and if there is a racial disparity in sentencing. The Labour MP highlighted concerns about adequate legal representation and access to appeals, especially during lockdown restrictions when legal aid may not be available. Bell Ribeiro-Addy also mentioned the Equality and Human Rights Commission's findings that the Home Office unlawfully ignored warnings of discrimination within its policies. She urged the Government to halt this deportation flight and end what she termed an illegal hostile environment.
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