Gregory Campbell – 2015 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Gregory Campbell on 2015-12-15.

To ask the Secretary of State for Justice, if he will consider the proximity of the Irish Republic to the UK when developing his policy on early release of prisoners domiciled outside the UK which is contingent on returning to their country of origin.

Andrew Selous

Foreign criminals who break our laws should be properly punished but not at the expense of the British taxpayer. In the last year we have returned more than 5,000 foreign prisoners to their home country, and are committed to ensuring that all means possible are explored to make sure that criminals who have no right to stay in this country are removed.

Under the Early Removal Scheme (ERS), which has operated in prisons in England and Wales since 2005, foreign national offenders may be removed from prison and deported up to a maximum of 270 days (9 months) before their normal release date. Citizens of the Republic of Ireland are not, as a matter of longstanding Home Office policy introduced in by the Labour government in 2007, deported from the UK other than in exceptional circumstances. Only foreign nationals who are subject to removal by Immigration Enforcement may be removed under ERS and, for that reason, Republic of Ireland nationals are not generally removed under the scheme unless a decision has been taken exceptionally by the Home Office to deport them.

Foreign national offenders who are not going to be removed by Immigration Enforcement are not eligible for ERS and do not leave prison early; they serve their sentence and are released in the same way as domestic prisoners.