In welcoming the underlying principles of the Bill, I think that it is important to remind the House that deportation is not a punishment in the legal sense. When somebody commits a criminal offence and is convicted, the punishment is the sentence. Deportation is a function of the Home Office and the UK Border Agency in exercising their powers in relation to nationality and the status of individuals within the country. It is important that we make that distinction, artificial though it may seem, to ensure that we have a deeper understanding of what deportation should be about. I make no apology for the fact that if people commit serious offences, consequences flow from that. When the offence is serious enough, the consequences should include deportation.
I welcome the UK Borders Act 2007, which was introduced by the previous Government. That Act changed the function of the criminal courts in the regime. Previously, a Crown court judge had to consider whether the continuing presence of an individual in the country was to the country’s detriment and make a recommendation on deportation. That was a cumbersome regime that did not lead to the results that the public wanted. Sensibly, the 2007 Act brought in the rule that deportation will be automatic for those who are sentenced to terms of imprisonment of longer than 12 months.
I support the clauses of the Bill that amend the 2007 Act to bring primary legislation into line with the immigration rules of 2012, which in my opinion have significantly reduced the margin of discretion that is open to judges, although it is possible to challenge the rules themselves, as we have seen. I think that those clauses will answer many of the legitimate questions that our constituents pose to us on the effectiveness of the deportation regime.
Let us not forget that, however many laws we pass and however much the debate rages over immigration law, the enforcement of that law is the most important thing in the eyes of the public. If the British public believe that our immigration system works, that wrongdoers are no longer in the country and that the deportation system is effective, faith will be restored. We cannot get away from that essential fact.
Of course, we are here to talk about legislation, so I will discuss new clause 15 and amendment 62, which were tabled by my hon. Friend the Member for Esher and Walton (Mr Raab). I know that he has taken great care in considering these issues and we have discussed them face-to-face many times. It is in a spirit of genuine concern that he has tabled new clause 15. However, there are serious questions that we have to ask about it. With respect to him, I think that he is error when he suggests that the compatibility of the new clause with the convention would not be challenged. I think that it would be subject to such challenge, and I would go
further and suggest that rule 39 would apply and that injunctive relief would be available. Let us imagine the consequences of that. If rule 39 injunctive relief were successfully obtained, that would gum up the works not just for one deportation but for thousands in the years to come.