The motion – the first of its kind – was passed after the
Commons heard the horrifying scale of the way overseas convicts are abusing Labour’s controversial Human Rights Act.
According to Home Office figures, 1,888 overseas offenders played the legal system by lodging appeals under the legislation last year. Of these, 409 were allowed to stay – 185 of them because the criminal had a right to a ‘family life’ here under Article 8 of the Act.
This is despite the fact that, in many cases, the convicts destroyed British families by their actions.
The motion, tabled by Home Secretary Theresa May, sets down guidelines for Britain’s own human rights judges – who MPs accuse of ‘gold-plating’ the Act and the European Convention on Human Rights.
It follows the separate vote by MPs, aimed at Strasbourg, which delivered a resounding verdict that Parliament is not prepared to grant the vote to prisoners.
The guidelines mean any foreign convict jailed for more than four years should be booted out when their sentence is complete – regardless of their right to a ‘family life’.
Foreign criminals given longer than 12 months will also normally be removed, but could stay if they have young children who have spent most of their lives here.
The rules, which will be implemented within weeks, say anyone from outside the European Economic Area who is jailed for at least four years should ‘almost always’ face deportation. Only in ‘exceptional circumstances’ will family life or the interests of a child outweigh their criminality.
Those jailed for between one and four years, or persistent offenders jailed for less than a year, should normally be deported unless they meet strict criteria.
This includes having lived here for at least 15 years and being in a genuine and lasting relationship – and leaving would pose ‘insurmountable obstacles’ on the relationship.
Those with children who are British or lived here for seven years would have to show it would be unreasonable for the youngster to leave and there is no other family member who could look after them.
MPs are increasingly taking a stand against rulings by human rights judges.
Culled- Dailymail
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