Conservatives plan crackdown to remove all foreign criminals

This week, the Conservative Party will push for all foreign criminals to be removed from the UK, with new amendments to Labour's Borders Bill.    

The Conservatives will introduce an amendment to require a foreign national convicted of any crime to be removed from the UK, as well as anyone who has been charged with, or convicted of, immigration offences. 

This replaces current provisions where a prison sentence of one year is required before removal is required, and even then removal can be frustrated by asylum and human rights claims.    

This new amendment would end exceptions granted by the ECHR, modern slavery and asylum law – making it far easier for the government to deport foreign offenders.  

This is on top of the proposal announced at the weekend to disapply the Human Rights Act for immigration matters – so UK courts can only follow UK law.   

The Conservatives are also tabling an amendment to require the Government to stop issuing visas to nationals of countries who do not take back their own citizens – including criminals. Some countries refuse to take back their own citizens with no right to be in the UK – so it is reasonable that the UK does not issue visas to nationals of those countries. This will protect the integrity of our immigration system and encourage countries to take their own citizens back.   

The amendment would also seek to prevent lawfare over visa sanctions by removing the requirement for the Secretary of State to hold mandatory consultations.     

This measure will help avoid the situation where some of the perpetrators of the heinous rape gang crimes have avoided deportation from the UK due to their countries of original nationality, such as Pakistan, refusing to take them back.   

Chris Philp MP, Shadow Home Secretary, said:  

“These tough new measures show the Conservatives are prepared to do whatever it takes to deport foreign criminals from the UK.   

“If a foreign citizen commits a crime here, we should kick them out – it is as simple as that.  We can't allow endless appeals and prevarication – the Government has a duty to protect British citizens from these often dangerous offenders. And where another country won't take back their own citizens – including criminals – then the Government must stop issuing new visas to people from those countries.” 

ENDS 

Notes to Editors 

The full text of the Conservatives' amendments are as follows: 

Any criminal conviction is a bar to remaining in the UK     

1.      The UK Borders Act 2007 is amended as follows.   

2.      In section 32─   

a.       in subsection (1)(a), at the end insert “and”;  

b.      in subsection (1)(b) leave out "and” and insert “or”; and  

c.       leave out subsection (1)(c) and insert─  

“(c) who has been charged with or convicted of an offence under section 24 of the Immigration Act 1971”  

d.      leave out subsections (2) and (3).  

3.      In section 33, leave out subsections (1), (2), (3) and (6A).  

4.      The Illegal Migration Act 2023 is amended as follows.  

5.      Leave out subsection (5) of section 1 and insert─  

“(5)       The Human Rights Act does not apply to provision made by or by virtue of this Act or to─  

a.       the Immigration Act 1971  

b.      the Immigration and Asylum Act 1999  

c.       the Nationality, Immigration and Asylum Act 2002  

d.      the Nationality and Borders Act 2022, or  

e.       the Immigration Act 2016.”  

6.      In section 6 of the Illegal Migration Act 2023, leave out subsections (4) and (5).  

7.      In section 24 of the Immigration Act 1971, leave out all instances of “knowingly”.”    

In section 24 of the Immigration Act 1971, leave out all instances of “knowingly”.”     

Member's explanatory statement     

This new clause would prevent any foreign national who is convicted of any offence from remaining in the UK, as well as anyone who has been charged with or convicted with immigration offence under section 24 of the Immigration Act 1971. It would amend section 24 by making such offences strict liability, without any requirement that the breach is “knowing”. It would remove previous exceptions based on: the European Convention on Human Rights, the Refugee Convention, the age of the offender, and the Europe Convention on Action against Trafficking in Human Beings. It would also limit exceptions to removal under the Illegal Migration Act 2023 and broaden the disapplication of the Human Rights Act 1998.    

Amend the Nationality and Borders Act to put an obligation on the Secretary of State to use visa sanctions if other countries will not take back their citizens     

To move the following Clause—  

“Removals from the United Kingdom: visa penalties for uncooperative countries  

(1) The Nationality and Borders Act 2022 is amended as follows.  

(2) In section 70, leave out subsections (4) and (5).   

(3) In section 72(1), after “A country”, leave out “may” and insert “must”.  

(4) In section 72(1)(a) leave out “and” and insert─  

“or,  

(ab) is not cooperating in relation to the verification of identity or status of individuals who are likely to be nationals or citizens of the country, and”  

(5) In section 72─  

(a)         in subsection (1)(b), after “citizens of the country” insert “or individuals who are likely to be nationals or citizens of the country”.  

(b)         leaver out subsections (2) and (3), and   

(c)         in subsection (4), leave out from “70” to after “subsection (1)(a)” .  

(6) Leave out section 74.”    

Member's explanatory statement  

This new clause would require the Secretary of State to use a visa penalty provision if a country is not cooperating in the removal of any of its nationals or citizens from the UK, or in relation to the verification of their identity or status. It removes the requirement to give reasonable notice, and can be applied to applications already made. It also gives the Secretary of State greater discretion, removing mandatory considerations that could otherwise be the source of litigation. 

·         The Nationality and Borders Act passed under the previous Conservative Government introduced a power to impose visa penalties on countries that do not cooperate on the removal of its nationals who do not have a right to be in the UK (Home Office, Policy Paper, 13 October 2023, link).  

·         It was reported that Pakistan refused to take back Qari Abdul Rauf, a ringleader of the Rochdale paedophile ring, despite multiple attempts to deport him. Rauf was ordered to be deported by a judge nearly nine years ago after being convicted in 2012 of sexual offences against children. This included rape and trafficking. Rauf was jailed for six years after being found guilty of conspiracy to engage in sexual activity with children under the age of 16 years and trafficking for purposes of sexual exploitation. He was released in November 2014 (The Daily Telegraph, 23 January 2024, link).