Interesting point in the 2007 debate
A Lib Dem MP
The provisions on automatic deportation raise the most concerns. Although people who seriously breach the trust under which they are in this country should be deported, automatic deportation, without consideration of other factors, could cause serious problems.
That decision has clearly been taken to satisfy the Prime Minister’s rhetoric during the foreign prisoners crisis in April and May last year and his reckless pledge to deport everyone, regardless of human rights or any other considerations. Rules are being changed even though the problem was not the lack of power to deport, but the failure to get around to deporting people.
The Home Secretary has already removed from the immigration rules the capacity to consider factors such as length of residence in the United Kingdom; strength of connections with the United Kingdom; personal history, including character, conduct and employment record; domestic circumstances; previous criminal record and the nature of any offence of which the person has been convicted; compassionate circumstances; and any representations received on the person’s behalf. What can be the harm in considering those factors?
The overreaction to the foreign prisoners scandal caught up many people who had a strong case for staying in the UK, despite having made a mistake. Deporting every person who commits a crime, even if they have been in the UK for decades and have children and other family in this country, cannot be right, fair or proper.
Mr. Stewart Jackson
The hon. Gentleman is making a reasonably cogent argument, but there does seem to be naivety and a lack of reality. Far be it from me to support the Government, but we are talking about 9,700 people or thereabouts who have committed criminal offences. We must have a degree of reality about that. Our constituents would expect us to deal with those people robustly. Why do not the Liberal Democrats agree with that?
Paul Rowen
: The reality is that the judge already has the power to order a deportation. However, a deportation should follow consideration of the case; it should not be automatic. Let me give the hon. Gentleman a few examples to illustrate my point. My hon. Friend the Member for Orkney and Shetland (Mr. Carmichael) dealt with the case of Sakchai Makao, a Thai national who had lived on Shetland for 10 years. He went off the rails after the death of his stepfather and set fire to a car. He served eight months.
He committed the crime four years ago, but was rounded up last year. He no longer spoke Thai or had any real family connections in Thailand, yet he was threatened with deportation. Only the strength of feeling among the people of Shetland and their campaign prevented him from being removed.