UK Borders Bill

I am grateful to the noble Lord for raising those issues. Clause 35 gives the Secretary of State the power to detain a foreign criminal at the end of his custodial sentence while she considers whether he is subject to automatic deportation—I am sure that that much is common understanding. If the foreign criminal is subject to automatic deportation, Clause 35 allows for continued detention pending the making of the deportation order. This clause also provides that the Secretary of State must detain a foreign criminal against whom an automatic deportation order is in force pending his removal from the United Kingdom unless, in the circumstances, she thinks it inappropriate. Deportation action will, whenever possible, be commenced while the criminal sentence is still being served. However, there will be cases where this is not possible; for example, where a person may meet the criteria for automatic deportation, but is eligible for immediate release by the sentencing court because he has already served the sentence while on remand. In such cases, it is vital to have a power to detain while the Secretary of State considers whether Clause 31(5) applies. This will help to remove the risk of the offender absconding and protect the public from potential harm. Detention will be strictly limited to the period needed for the Secretary of State to consider whether the individual concerned meets the criteria for automatic deportation. Once a deportation order has been made, the individual will be detained under existing powers in Schedule 3 to the Immigration Act 1971, unless the Secretary of State considers this to be inappropriate. Clause 35 also applies to automatic deportation cases and covers the existing provisions on bail, arrest and restriction orders. The noble Lord asked for clarification of various points. We agree that deportation orders should be made immediately after conviction, but it is not always possible or appropriate to make such an order at the beginning of an offender’s sentence. Where the foreign criminal has been sentenced to a long period of imprisonment, it is highly likely that his personal circumstances, or perhaps the political situation in his home country, would change over time. In that case, the Government might have to make a deportation order, only to have to withdraw it at some later time and place. The other question was: in what circumstances might it not be possible to make a deportation order within three months of the custodial sentence finishing? As I explained earlier, that might not be possible in a number of instances; the foreign criminal might quite properly have submitted an asylum application, or might refuse to co-operate in establishing his nationality. The noble Lord, Lord Avebury, also asked what happens when custody plus is involved, and whether the Home Secretary would use powers to detain someone during a licence period or whether leaving the United Kingdom would be a condition of the licence. I do not have a response to those questions now, but they are very thoughtful and give rise to important issues. I will have to write to the noble Lord in reply. The noble Lord also asked whether the Secretary of State would be able to impose residence conditions on a person liable to deportation. The answer is yes. Clause 35(5) provides that in paragraph 2(5) of Schedule 3 to the Immigration Act 1971, which applies to a person detained under Clause 35. This means that a person may, in appropriate cases, be released subject to the conditions of residence, and suchlike. The noble Lord also asked whether electronic monitoring could be applied to someone liable to be detained under Clause 35. The answer again is yes; Clause 35, by virtue of Schedule 3 to the 1971 Act, applies provisions of that nature to bail and restrictions, which can of course include electronic monitoring.