I agree with my hon. Friend. We will certainly give ourselves the powers to take action. Since we split up the UK Border Agency earlier this year, there has been a change in the culture of the two new parts. The immigration enforcement branch now feels that it is a law enforcement organisation and its job is to deal with those who break our immigration rules.
On the subject of those who break the law and want to come to the UK, I would like to make a bit of a public service announcement. I noticed in media coverage this morning that Mike Tyson, who wants to visit the UK, is not able to come here because we changed the immigration rules for those guilty of serious offences. A column in The Sun says that he received a “knock out blow”—the first time I have ever, in effect, got in the ring with a boxer. Mr Tyson is a convicted rapist. If people have been convicted of an offence for which they have been sentenced to a period of imprisonment of at least four years, we will refuse them entry to the UK. I say that because his publisher, who organised his UK book tour, said:
“There was a change in the UK immigration law in December 2012 of which we were unaware.”
That is a fault on their part. I will say in Parliament, therefore, to make the position clear, that we have toughened the immigration rules and people who are criminals who want to come to the UK will not be able to if they are guilty of serious crimes. The measure is welcome and has been welcomed by many who support victims of violence. The child protection campaigner, Sara Payne, said:
“I think the Home Office got it right.”
I savour those words; I do not often hear people say them. She said:
“The rules don’t change just because the offender is famous.”
That is an important point. People have to obey the law. The Government make no apology for toughening up the rules in 2012, and those rules will apply to people equally, whether they are famous or not.
Before I move on, I shall pick up on the intervention from my hon. Friend the Member for Aldershot. The Immigration Bill will reduce the number of appeals and
tighten up the rules on article 8, putting them in primary legislation. People who have no right to be here, for example a foreign national offender we are trying to remove, will have fewer opportunities to argue that they should be able to stay, and we will be able to remove them more effectively. I hope my hon. Friend welcomes that.
There was much discussion about labour market rules. The right hon. Member for Delyn mentioned advertisements that aim to hire only foreign nationals, which are unlawful already. I said during a debate on the Immigration Bill that I would draw such advertisements to the attention of the Equality and Human Rights Commission, which is the regulator and enforcement body in that area, and I have done so. It wrote back to me and, to paraphrase a relatively lengthy letter, it is on the case. I will be able to update hon. Members when the Bill returns to the Floor of the House.
My hon. Friends the Members for Cleethorpes and for Braintree referred to what we are doing as we move towards the end of the year. We are preparing for the transitional controls expiring. Last week, I signed an order, which we laid before the House on Friday, amending the European economic area regulations, to take steps to restrict access to benefits, guard against the abuse of free movement and prevent individuals who are removed from the UK for not fulfilling the requirements of the free movement rules from coming straight back again. Those changes will be helpful. A number of them come into force on 1 January. Those we remove for begging or rough sleeping, for example, will not be allowed to come back unless they can demonstrate that immediately on re-entry they will be exercising a treaty right, coming back to work or study, or that they will be self-sufficient.
I am pressed for time and I want to deal with the other issues my hon. Friend the Member for Isle of Wight raised. We will restrict access to jobseeker’s allowance to six months for foreign nationals who become unemployed. This week, the Department for Work and Pensions is rolling out a toughened habitual residence test to increase the range and depth of evidence collected from benefit claimants to ensure that they are entitled to be here. The Home Secretary has consistently raised that issue at the Justice and Home Affairs Council, and she did so again last week. She received support from a number of member states and, I note, robust support from my hon. Friend the Member for Aldershot.
The Government are taking the tough measures necessary. We are bearing down on numbers, but also ensuring that Britain is open to those who want to come to contribute, to put something back and to make our country wealthier. We have the balance right. I want to continue to make changes and I am confident that hon. Members on both sides might even support them.