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by Munro Research

Foreign National Offenders (Exclusion from the UK) Bill


Official Summary

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Overview

This bill aims to give the UK government greater power to exclude foreign nationals convicted of crimes in the UK. It allows for the creation of regulations to remove, prevent re-entry, and revoke any right to remain in the UK for those convicted of any offense punishable by imprisonment.

Description

The Foreign National Offenders (Exclusion from the UK) Bill grants the Secretary of State the authority to create regulations for excluding foreign nationals from the UK. This power overrides any conflicting provisions in existing legislation, including the European Communities Act 1972 (though this is now largely irrelevant post-Brexit).

Key Provisions:
  • Mandatory Exclusion: The Secretary of State must create regulations to exclude foreign nationals convicted of any offense carrying a potential prison sentence.
  • Removal and Prevention of Re-entry: Regulations will cover the removal of excluded individuals (if not already covered by law) and measures to stop their return to the UK.
  • Right to Remain: Regulations will remove any right of the convicted foreign national to remain in the UK.
  • Parliamentary Approval: Any regulations created under this bill require approval by either House of Parliament.
  • Definitions: The bill defines "foreign national" as someone who is not a British citizen and "qualifying offence" as any crime that could result in a prison sentence.

Government Spending

The bill doesn't directly specify government spending figures. The costs will likely relate to increased enforcement and deportation activities, potentially including legal costs, detention costs, and administrative overhead. Precise figures would require further government analysis.

Groups Affected

  • Foreign Nationals Convicted of Crimes: This group will face potential exclusion from the UK, regardless of the severity of the offense as long as imprisonment is a potential penalty.
  • UK Border Force and Immigration Enforcement Agencies: These agencies will be responsible for implementing the new regulations, likely increasing their workload.
  • Courts: Courts will be involved in determining the application of the new regulations in individual cases.
  • Human Rights Organizations: These groups might raise concerns about the potential impact on the rights of foreign nationals and the fairness of the process.
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