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Memo sparks foreign criminals row Memo sparks foreign criminals row
(about 7 hours later)
Immigration officials have "no interest" in deporting foreign prisoners who have served less than 12 months in jail, a leaked memo says.Immigration officials have "no interest" in deporting foreign prisoners who have served less than 12 months in jail, a leaked memo says.
The admission was made in a memo from Prison Service deputy director general Michael Spurr to prison governors.The admission was made in a memo from Prison Service deputy director general Michael Spurr to prison governors.
The Tories say it means at least 4,000 foreign criminals a year being released rather than deported. But Border and Immigration Agency boss Lin Homer said the document did not change its removal policy, with the most dangerous offenders removed first.
Ministers promised tougher measures after 1,013 foreign prisoners were not considered for deportation last year. The Tories said at least 4,000 more foreign criminals were being released.
Ministers promised tougher measures after it was revealed 1,013 foreign prisoners were not considered for deportation last year.
They included serious offenders such as murderers and rapists, and the crisis led to the sacking of former home secretary Charles Clarke.They included serious offenders such as murderers and rapists, and the crisis led to the sacking of former home secretary Charles Clarke.
Different pictureDifferent picture
In May 2006 the then prime minister Tony Blair said he was prepared to change the law to ensure most foreign prisoners were deported automatically.In May 2006 the then prime minister Tony Blair said he was prepared to change the law to ensure most foreign prisoners were deported automatically.
Ministers pledged to remove 4,000 overseas prisoners by the end of 2007. We have repeatedly said we will target the most dangerous first which is why we are initially targeting those who have served more than 12 months Lin HomerBorder and Immigration Agency chief executive
The result will be that foreign thieves, fraudsters, burglars and drugs dealers will be released back into the community. Nick HerbertShadow justice secretary Ministers pledged to remove 4,000 foreign prisoners by the end of 2007.
BBC home affairs correspondent Danny Shaw said that the memo presented a different picture.BBC home affairs correspondent Danny Shaw said that the memo presented a different picture.
While it did not go against official policy, the dismissive language used was potentially embarrassing for the government, he said.While it did not go against official policy, the dismissive language used was potentially embarrassing for the government, he said.
Mr Spurr wrote that immigration officials had confirmed that "as a rule they have no interest" in pursuing for deportation foreign nationals jailed for less than 12 months. Mr Spurr wrote that immigration officials at the Border and Immigration Agency (BIA) had confirmed to the Prison Service that "as a rule they have no interest" in pursuing for deportation foreign nationals jailed for less than 12 months.
The document also says foreign nationals who are awaiting removal for immigration offences could be moved to open prisons, to create space in other jails.The document also says foreign nationals who are awaiting removal for immigration offences could be moved to open prisons, to create space in other jails.
Prisons converted BIA chief executive Ms Homer said the document was in line with government policy.
"The prime minister was categorical earlier this year that we are committed to the removal of foreign national prisoners who commit serious crimes in this country.
"Nothing in this document changes that and, in fact, this year we have removed more foreign nationals than ever before.
The result will be that foreign thieves, fraudsters, burglars and drugs dealers will be released back into the community. Nick HerbertShadow justice secretary
"We have repeatedly said we will target the most dangerous first which is why we are initially targeting those who have served more than 12 months."
The Conservatives say that would increase the risk of foreign prisoners absconding, and ignoring prisoners who serve less than 12 months would mean at least 4,000 criminals would escape deportation.The Conservatives say that would increase the risk of foreign prisoners absconding, and ignoring prisoners who serve less than 12 months would mean at least 4,000 criminals would escape deportation.
Shadow justice secretary Nick Herbert said: "The result will be that foreign thieves, fraudsters, burglars and drugs dealers will be released back into the community.Shadow justice secretary Nick Herbert said: "The result will be that foreign thieves, fraudsters, burglars and drugs dealers will be released back into the community.
"Gordon Brown claimed that he wanted to send a message that foreign criminals would be deported."Gordon Brown claimed that he wanted to send a message that foreign criminals would be deported.
"It takes a special kind of cynicism to promise tough action on foreign criminals while simultaneously instructing that the majority of them are to be released.""It takes a special kind of cynicism to promise tough action on foreign criminals while simultaneously instructing that the majority of them are to be released."
In October, it was revealed that two prisons, Bullwood Hall in Essex and Canterbury Prison in Kent, had been converted to hold only foreign prisoners.In October, it was revealed that two prisons, Bullwood Hall in Essex and Canterbury Prison in Kent, had been converted to hold only foreign prisoners.
The Ministry of Justice said the jails, which have immigration and language services, were part of a plan to deport as many foreign prisoners as possible.The Ministry of Justice said the jails, which have immigration and language services, were part of a plan to deport as many foreign prisoners as possible.
In total, 2,784 prisoners from abroad were deported or removed between April 2006 and March 2007.In total, 2,784 prisoners from abroad were deported or removed between April 2006 and March 2007.
More than 11,000 of the 81,000 prison population are foreign nationals.More than 11,000 of the 81,000 prison population are foreign nationals.