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Charles Clarke unveiled a hastily assembled package of measures in an effort to salvage his position and convince the public that the Government has a grip on the fiasco of 1,023 foreign prisoners turned loose.
The Home Secretary promised sweeping changes to existing rules for deporting foreigners but admitted that these were likely to meet strong opposition. Under the proposals, to be published before the end of the month, the Government wants there to be a presumption that foreign citizens convicted of an imprisonable offence will be deported at the end of their sentence.
The presumption will apply to all offenders convicted of an imprisonable offence, even if they are given a non-custodial sentence. The proposals would replace existing rules under which non-EU citizens sentenced to 12 months’ imprisonment or more and EU citizens sentenced to two years or more are considered for deportation.
Mr Clarke’s measures have been strengthened in the past 48 hours. He was originally looking at a presumption to deport any non-EU citizen who was serving a term of three months or more and leaving the existing rule for EU citizens in place.
Under the plans announced to MPs yesterday, foreign criminals will be allowed to appeal against deportation only after they have left Britain, unless the appeal involves well-founded asylum and human rights issues. Illegal immigrants removed because of criminal behaviour are to be barred automatically from returning.
The Home Secretary is to streamline existing rules covering whether a criminal can enter or settle in Britain or acquire British citizenship.
Mr Clarke said that the issues under consideration were difficult and complex, but he told MPs: “The guiding principle will be that foreign nationals guilty of criminality should expect to be deported.” He also wanted more of the 10,000 foreign citizens in jails in England and Wales to be deported to serve their sentences in their home countries.
That would enable 1,800 EU citizens to be sent home from jails in England and Wales and 800 English citizens to be sent back from abroad.
The dilemma facing ministers is that they must have assurances that anyone who is repatriated will serve the same sentence imposed by the English courts and not benefit from softer sentences or more lenient early-release schemes.
Civil liberties groups gave a warning last night of the dangers of hasty legislation.
Shami Chakrabarti, director of Liberty, the human rights organisation, said: “The current Home Office crisis is a lack of administration, not legislation.”
She added: “The Home Secretary has sweeping powers to remove not only foreign nationals who’ve committed crimes but those who are deemed to be ‘non-conducive to the public good’. There has been too much party politics and not enough good practice at the Home Office for over a decade.”

Sam Coates's blog about Westminster, politics and spin
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