UK & World News
Home Secretary Pledges New Deportation Law
Home Secretary Theresa May has claimed Britain's streets are being made more dangerous because immigration judges are failing to deport foreign criminals.
She criticised them for not following guidelines introduced last year which make clear that the "right to family life" - enshrined in law - is not an absolute right.
The Government's own figures show 177 foreign criminals avoided deportation in the year 2011/12, having convinced judges of their right to a family life in Britain.
Mrs May told The Sunday Telegraph that the actions of some immigration judges were "not acceptable" and that they were "subverting" British democracy.
A new immigration bill will reportedly be published later this year to give full legal weight to ministers' demands that foreign criminals should not routinely be able to dodge deportation by citing Article 8 of the European Convention of Human Rights.
Article 8 permits the right to a family life which can be a barrier to removal, but ministers and MPs say it should be balanced with the need to protect the public.
The new law is expected to state that Article 8 allows deportations to prevent "disorder or crime", meaning judges will be forced to take that into account when considering appeals by criminals.
The Sunday Telegraph also reported that new restrictions could also be included in the new law on migrants coming to Britain from countries including Romania and Bulgaria.
Last summer the Home Secretary changed immigration rules to make clear that foreign criminals should be deported if they were serious or persistent offenders.
But while the rules were backed by the House of Commons, they do not carry the full weight of law and are often ignored by judges on the Immigration Tribunal.
Ms May told the Sunday Telegraph: "The European Convention on Human Rights is clear - there is a right to a family life, but that right should be balanced with the wider public interest in controlling immigration and protecting the public.
"That's why we introduced new immigration rules last year.
"Those rules were debated in full and passed unanimously by the House of Commons. So it is not acceptable that some immigration judges are denying the democratic and legal validity of them.
"I said at the time that if the courts did not heed the changes to the rules, I would introduce primary legislation to force them to do so. That is exactly what I now intend to do.
"I am determined that Article 8 must not stop us deporting dangerous foreign criminals."
Writing in the Mail on Sunday, Ms May said: "The law in this country is made by the elected representatives of the people in Parliament. And our democracy is subverted when judges decide to take on that role for themselves."
what do you think?
Good.we must take a long overdue stance on letting all and sundrie come into this country.in fact we should be kicking more out now.
It will never be allowed as long as the EU control are laws and are boarders.Get out of the EU and take control then remove the lot of them.
If you commit a crime your human rights should go straight out the window whether you are british or otherwise. The Bulgarians and Romanians are already taking of the town where I live. they've obviously sneaked in earlier than expected
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I guess the aborigines are going to send back all the British convicts then. Jokes aside. Heavy laws have to be put in this country regarding immigration and criminals.
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We will need good reasons to deport foreighners and possibly new laws for them to obide by.please state below any suggestions.
They must learn and speak english.
don't let them in, in the first place !!
Better late than never..These laws should have been in place when we joined the EU and vigorously applied..I will wait to see if the laws are put in place and enforced though no doubt some shyster ambulance chasing lawer will find a loophole or two.
This comes from a home secretary who hasn't been able to deport 1 person on her own merits
Wish she could be deported.
Abu hamza was deported because Strasbourg agreed it.Nothing Teresa may did
This para 2 of article 8. 'There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.' As you can see article 8 does not prevent deporting anyone, they can be deported right now without any change in the law, if our politicians had the will to do so. More lies and waffle from our politicians.
What about the right to family life.isnt that mentioned? That seems to be the stumbling block.
Shaun, para 1 of article 8 says 'Everyone has the right to respect for his private and family life, his home and his correspondence.' The above is para 2 of article 8. I hope you will agree Article 8 does not prevent the Government from deporting anyone.
Thanks for the clarification.
That's very enlightening. They do think we're mugs, don't they? Therefore the wittering above from Theresa May is purely so she/her party can look good and/or shut up the complaining masses who haven't read para 2.
It is all down to the cost of court appeals ,the ambulance chasing lawyers and very well paid judges are making a fortune off immigration.
No matter what the Conservatives do to try and improve this situation, there seem to be people absolutely committed to criticising them. It was Teresa May who led the battle last year to get guidelines approved (which Labour backed), only for judges to refuse to adhere to them. Now that a change in the law is required, it should be placed on the statute books as soon as possible.
That was Theresa, not Teresa!
a good deterant would be no halal meals in prison.
How on Earth does that even relate to this issue?
What an idiot. Go and brush yourself under the carpet. You are no different to the preachers by spreading hate by putting silly comments like this.
Governments have been kicking this deportation ball around for years ,there must be an election in the air as they roll it out again. Keeps UKIP supporters happy in their little England world.
Civil servants and judges run the country. Government are just plebs.
our judges are soft fools who themselves should be thrown out of our country so that we can start again with people who have backbones instead of jelly.
Actions speak loader than words - lets see some action!
I will applause when it actually happens, we have allowed this libdem attitude of human rights to cloud over all common decency
More Human Responsibility Legislation should be created. The Human Rights Lobby are doing the UK a disservice. One criminal offence and the immigrant should be deported permanently.
d and d Phillips
We want deeds not drivel
it should be stipulated that if you come into the u.k and you break the rules of the land, you go back to whichever "doss hole of a country you've come out of" !!!!!!!!!!!!
One has to question the Judges' motivation to ignore the government's guidelines on these issues. I suspect there is a lot more to this than meets the eye. It should not require a change in the Law for Judges to interpret the existing law in a way which better protects the public.