MP warns that foreign criminals could be protected from deportation under the Windsor Framework
Government proposals to allow the deportation of foreign criminals could fall foul of human rights provisions under the Windsor Framework – stopping the government from removing offenders from Northern Ireland, Jim Allister has warned.
Foreign nationals make up around 12% of the UK prison population – and Labour wants to change the law to allow immediate deportation any time after they are sentenced.
Ministers also want to amend the Sentencing Bill to strengthen the Government’s ability to take enforcement action against those who are given non-custodial sentences.
However, the TUV leader has warned that previous court rulings relating to the Windsor Framework show that the deal is “likely to protect such foreign criminals in Northern Ireland from deportation”.
The UK-EU deal is primarily about trade, but also includes commitments that Northern Ireland will keep pace with certain EU rights. That has resulted in legislation by the previous government – on legacy and immigration – being struck out by the courts.
The current government has appealed a court ruling on the remit of the framework’s human rights provisions, with a decision expected by the Supreme Court later this year.
The deal has also caused confusion over whether Northern Ireland should necessarily follow rulings by the UK’s top court. The Equality Commission is currently citing Article 2 of the Windsor Framework in a legal case it is bringing to seek clarity on whether the definition of a woman is the same in Northern Ireland as it is in the rest of the UK.
Jim Allister told the News Letter: “The government’s new Sentencing Bill contains an important provision to allow convicted foreigners to be deported. That part of the Bill is described as extending to the whole of the UK.
“However, on past precedent the Protocol/Windsor Framework is likely to protect such foreign criminals in Northern Ireland from deportation.
“This is because of the additional protection for such conveyed by Art 2 of the Protocol which, inter alia, applies the EU’s Charter of Fundamental Freedoms to NI.
"We’ve already seen how the Legacy Act and the Rwanda Act were struck down on the basis of Article 2.
“Thus, this week at the second reading of the Sentencing Bill, I raised the danger of NI being again left behind and in consequence becoming a haven for foreign criminals.
“While the response of the Lord Chancellor was somewhat receptive on the point, we will see if in committee stage they add the necessary protection - something they have resisted in other legislation.
“I have already indicated to the Bills Office my intention to table an amendment to ensure that Part 4 of the Bill can apply to NI notwithstanding the imposition of Art 2 Protocol rights through Section 7A of the European Union Withdrawal Act 2018”.
The News Letter asked the government if it has any concerns that the new law will not apply to NI – and whether it will back Mr Allister's amendment.
A government spokesperson said: “When foreign nationals commit serious crimes in our country, we will always do everything in our power to deport them.
“As immigration is a reserved matter, deportation powers are consistent across the UK.”