Illegal Immigrants (Criminal Sanctions) Bill — House of Commons, 2016-03-04
Topic: Immigration
Richard Harrington (Conservative, Centre-right): Well, we are keeping the policy under active review. [Interruption.] Members may mock, but in a democracy one reviews and assesses a problem before taking action. Perhaps, before these people even get on a train or are deported, we could consider a six-month prison sentence, or a £5,000 fine; I do not know. The Government are reviewing the matter to see what action is appropriate. They will take action where the threats of illegal immigration justify it. Having seen what happens every night in Calais, I do not think—forgetting the merits of the situation—that putting these people into prison, fining them and saying that they will be deported will prevent them from what they are doing. None the less, our arrangements with France are beginning to work, and the French authorities have been extremely co-operative In addition to the changes in the laws, we are ramping up the whole of Government’s approach to controlling immigration. We are trying to deal with the fact that Government activities have been compartmentalised. My own appointment in relation to Syrian refugees covers three Departments. If I ever was a tiny footnote in history—one may very well argue that I will not be—it could be that I am the first Minister in history to cover three Departments. I am sure that we would all support greater co-ordination across agencies in Government to ensure that, where we identify illegal working, we extend our enforcement reach and apply the full range of sanctions available against illegal migrants and rogue employers We have shown that we will create additional criminal offences when we perceive there to be a need. However, I believe that adequate criminal sanctions and removal and deportation powers to deal with illegal migrants are already in place in the existing immigration legislation and the legislation that is going through Parliament. We are talking about serious criminal offences, and they will be dealt with through the criminal system. I could go through them at length, but my hon. Friends know them, as they took part in proceedings on the Immigration Bill and other such measures There are many different criminal offences, which, in the past, were treated as civil matters, the sanctions for which were so light that they did not have any effect at all. That is where there is a fundamental difference now The Bill proposes a power of deportation. The deportation would be mandatory, whatever the circumstances, unless the Secretary of State, who, I can assure Members, is pretty busy, intervened to say that deportation was not in the public interest. I must explain that deportation is a power that is reserved for those who have been convicted of a crime in this country and for those, such as those involved in terrorist cases, whose presence in the country is not considered to be conducive to the public good. The Immigration Act 1971 sets out the power for the Secretary of State to deport an individual where it is deemed to be conducive to the public good, or where there is a court recommendation for deportation. The UK Borders Act 2007 further sets out that, subject to exceptions, when a person is sentenced to at least 12 months’ imprisonment the Secretary of State must make a deportation order against the criminal. That means that neither people entering the UK illegally nor those remaining in the country without leave are persons who are liable to deportation. The Bill would seek to remedy that, but it does not take into account the fact that immigration legislation provides for adequate removal powers for illegal entrants and overstayers without requiring a costly prosecution first, for what are minor offences in the overall scheme of immigration offences. We have always preferred migrants to depart voluntarily as it is better for the migrant, allowing them to leave on their own terms, and much more cost-effective for the Home Office. We will pursue enforcement action against those who are not prepared to leave voluntarily, but we do have human rights obligations.