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The home secretary, Shabana Mahmood, will amend the immigration bill to allow the deportation of the Rochdale grooming gang, the first step in removing Shabir Ahmed from the UK.
At present, Ahmed cannot be deported because of a ۱۹۷۱ law applying to Commonwealth citizens who arrived in the UK more than ۵۰ years ago.
Mahmood intends to change the legal loophole to make it possible to deport those convicted of serious criminality such as terrorism, child sexual exploitation or human trafficking – though Pakistan has made it clear it would be unlikely to accept Ahmed’s return.
Ahmed was recently released from prison after spending ۲۲ years in jail for multiple child sexual offences, including rape. The Home Office said it would bring the law in line with the same crimes that can lead to deprivation of citizenship and said the protection from deportation would still apply for that generation, apart from in the most serious circumstances where the offender is a war criminal or is involved in serious organised crime.
The amendment, which was tabled on Monday, will give the home secretary powers to disapply the protections from the ۱۹۷۱ act. Mahmood said the act “provides protections for long-term UK residents but, clearly, should not be acting as a bar against removal in cases like that of Shabir Ahmed”. Mahmood said she was “exploring all options” to ensure Ahmed was deported.
Andy Burnham, who will be prime minister when the final version of the reforms comes to the Commons, will vote for the bill on Monday night in the Commons, with his team indicating that he also backs Mahmood’s changes for indefinite leave to remain (ILR) and on refugee settlement.
Changes in the legislation include how courts can apply article ۸ of the European convention on human rights (ECHR) in immigration and deportation cases, which Mahmood has claimed is being abused.
It will also outline a new structure for asylum tribunals by dropping an independent court system and replacing it with a new appeals body. Mahmood has also announced new legal routes – including community sponsorship for refugees.
“This country has always provided sanctuary to those fleeing war and persecution, and I am proud of that fact,” Mahmood told the Commons. “But we must accept that public consent for our asylum system is fraying. Unless we restore control, we will lose the British public’s support entirely.”
Mahmood said the changes would “restore fairness to our asylum system, fairness both to those who are fleeing war and persecution, and also fairness towards those communities already here who bear the burden of supporting”.
She added: “There is nothing fair about a system that is based upon uncontrolled, unsafe and illegal routes into this country. The only people who it serves are the people smugglers. Instead, a fair asylum system must be grounded in controlled, safe and legal asylum.”
The most controversial proposed change by Mahmood will double the time it takes to qualify for ILR from five to ۱۰ years, which gives migrants the right to permanently live and work in Britain.
Those changes do not require legislation and Mahmood said they would be finalised by the end of the year once the government has responded to its consultation.
Mahmood had been keen for the change to apply to the recent rise in migrants who came on new visas issued, often to care workers, by the last Conservative government.
MPs are not expecting a rebellion over Monday’s bill, though there will be some abstentions.
One option under consideration is that those currently in the UK would qualify for ILR after the five-year wait – rather than a decade – but would need to wait an additional period in order to claim any state benefits.
Almost ۸۰ Labour MPs have signed a letter to Burnham urging him to change the policy to stop it applying to migrants already in the country, calling it “an anathema to who we are, what we stand for and how we should do politics”.
Burnham signalled during his Makerfield byelection campaign that he was comfortable with most of the immigration changes being made by Mahmood, who is widely expected to stay on as home secretary. A spokesperson for Burnham said: “Andy believes the public deserve an asylum system that is both compassionate and credible.
“This bill takes important steps towards restoring confidence by tackling illegal crossings while strengthening safe and legal routes for genuine refugees. This is about ensuring the system is fair both to those seeking protection and to the communities that welcome them.”
