BBC On The Record - Broadcast: 13.02.00

Interview: JACK STRAW MP, Home Secretary.

On the asylum seekers from the hijacked Afghan plane and the Government's targets for reducing crime.



JOHN HUMPHRYS: And we have the Home Secretary Jack Straw with us... to talk about Labour's heartlands and also the fight against crime. First, though, the big problem he faces this week because last week a group of hijackers forced a plane from Afghanistan to land in Britain. Now, as we've been hearing this morning, nearly all the people who were on that plane are asking for political asylum here. Mr Straw made a statement in the House of Commons on Thursday in which he said he wanted to see them all "removed from this country." He also said he personally would decide on any applications for asylum. Mr Straw, what's to be decided if you've already made up your mind, as you said you had in the House of Commons? JACK STRAW MP: Well no I didn't say I had made up my mind and for the avoidance of doubt I have my statement before me and I said "subject to compliance with all legal requirements I would wish to see removed from this country all those on the plane as soon as reasonably practicable". What we face here is a clash of two sets of international obligations. On the one hand our obligations which are humanitarian as well under the 1951 Convention on Refugees to provide asylum to those in well-founded fear of persecution. On the other hand, the clearest international obligations under what's called the Chicago Convention: to prevent and to deter the very serious international terrorist crime of hijacking. And I think everybody accepts and it was remarkable the degree of unanimity in the House of Commons when I made my statement, that we cannot have a situation where hijackers are rewarded for their hijacking with asylum and that's the dilemma I face but as I said in the House of Commons, it's a matter of public policy I think the need to ensure that there is safe air travel and that this international terrorist crime is not encouraged is very important. HUMPHRYS: Hijackers are one thing, innocent passengers are quite another and you have a quasi judicial role in these proceedings, as you hardly need me to remind you, and you have already prejudiced it. Yes, you did say I'll act in accordance with the law, of course you did but you then went on to say I would wish to see removed from this country all those, all those on this plane. STRAW: Subject to compliance with all legal requirements is what.. HUMPHRYS: Sure.. STRAW: You say sure.. HUMPHRYS: But you prejudiced it by saying I would wish to see - you don't get a judge saying I'd like to see him hanged subject to the jury, you know... STRAW: John, that's a silly point if you don't mind my saying so.. HUMPHRYS: ..well, no, no, because you are in a quasi judicial role. STRAW: Of course I understand that but it was extremely important in the course of that statement for me to explain to Parliament and to the British public and to a wider world what the dilemma is here and this is not a straightforward situation where we are faced with a few people seeking asylum from a particular country where there has been political disruption and one has to make a judgement if you like on a unilateral set of considerations which is: are they in a well-founded fear of persecution. Here we face a serious dilemma between that consideration and what I think is a wider consideration on the grounds of public policy which is do you or don't you end up in a situation where the terrorist crime of hijacking is rewarded and... HUMPHRYS: We're not talking about the criminals who hijacked the plane. Clearly there is a different situation applying to those because if they are convicted they will then be criminals and the law will take its course. But what you can't do, you cannot send.. not only have your prejudiced I would submit and I have submitted your own position here but you have promised to do something that you cannot do. You cannot send back - the European Commission on Human Rights says you cannot force someone to leave if they will suffer degrading or inhuman treatment. The Home Office itself has agreed that that is precisely what they would face in Afghanistan because they have already had a look into this and they have talked about precisely that happening, ninety-nine per cent of our Afghan asylum seekers are actually given refuge in this country. So, you can't do it, even if you want to? STRAW: With great respect your figures are completely wrong. I'll just tell you what the figures are.. HUMPHRYS: Go on.. STRAW: Of sixteen hundred or so asylum applications which were considered last year from people in Afghanistan I think thirty-five - 35 - were granted asylum. A very substantial proportion of the rest were granted... HUMPHRYS: They were given leave to stay. STRAW: Hang on.. HUMPHRYS: ..it comes down to the same thing.. STRAW: ..it does not come down to the same thing with great respect. A very substantial proportion of the remainder were given what is called exceptional leave to remain. The issue of removability is separate immediately from the question to which country are they removed and I did not say, at any stage in the course of the Parliamentary statement that I made, that these people if there were not granted asylum or exceptional leave to remain, were bound to be removed to Afghanistan. Indeed I never mentioned that at all. HUMPHRYS: So you want them to go somewhere else... STRAW: There's always a question those familiar with this area know this, of whether there are what are called third countries, to which it is safe to return those individuals and so far as decisions are concerned no decisions have been made in these cases yet. There was nothing I said in the House of Commons which could prejudice the exercise at my discretion and as well as that everybody knows that what I do is to make the initial decision in asylum cases, but there is a right of appeal thereafter to independent adjudicators so that's the position.. HUMPHRYS: Some people said that you said what you did because you actually want that right..you want that judicial review in essence and it removes it from your hands. STRAW: I can tell you, as someone who is subject, as any Home Secretary is to judicial review constantly, although happily touch wood normally the courts find in my favour, sometimes they don't, I don't want judicial review. I think judicial review is very important as a matter of law, but of course I don't encourage judicial review, that's... HUMPHRYS: Do you want them to go to Pakistan? Is that the situation, because you can't force them to go can you? STRAW: Well we can if once the processes are concluded we have every right to remove people from this country who do not have a.right to remain and it happens every day. HUMPHRYS: But you can't force them to go to a third country is the point I'm making. STRAW: With great respect, arrangements can be made in certain circumstances to do just that...... HUMPHRYS: If they want to go...... STRAW: No... no...no. Hang on.... No. Every week we are removing from this country a very large number of people for example to safe third European Union countries who should have applied for asylum in those countries...... HUMPHRYS: That's different..... STRAW: Well no it's not different. You say to me we can't remove them but we do remove people to third countries and that is what can follow at the conclusion of this process. HUMPHREYS: Are you prepared to have them removed from this country even if they face something terrible wherever they end up, whether it's in their own country, in Afghanistan, or whether perhaps it's in Pakistan where people have met terrible fates because of what's happening between Afghanistan and Pakistan. I mean they may well be killed. Are you prepared...... STRAW: Well of course..... I mean that's an absurd proposition if you don't mind me saying so..... HUMPHRYS: It's a very real proposition........... STRAW: Nothing I said in the House of Commons implied such a proposition. What I said in the House of Commons was that I would comply with all legal requirements. The legal requirements include our obligations under the European Convention of Human Rights and our obligations under the United Nations Convention on Refugees but I come back to the point that this is not as it were a unilateral issue. Here we've, and I think even you John must accept the dilemma that faces not just me but the whole of British society here, that on the one hand, yes of course we have great sympathy with those who have a genuine and well founded fear of persecution arising from political instability in the state from which they come. On the other hand we cannot possibly be in a circumstance where it appears that we are encouraging the international terrorist crime of hijacking. HUMPHRYS: Well we've already excluded terrorists from this because we're talking about.....(both speaking at once) We've got about a hundred odd people who are nothing to do with terrorism at least that is the assumption we must make. They're clearly not all terrorists. STRAW: Well that is what you say. As I say, during the course of one of the Commons proceedings one of the striking features of this case was that this was an internal flight going away from the International Airport from Kabul going to a relatively small town with a population of one hundred and thirty thousand, Mazar-e-Sharif, and so then the question is, well if these people were fleeing persecution, which is a question which has to be answered during the course of their applications if they make them. If these people were fleeing persecution either.... It's a slightly odd situation to be in. If they thought they were just on an internal flight to wherever they were going to go after they'd gone to Mazar-e-Sherif or alternatively, if they were complicit in knowing that the plane was going to be hijacked then that obviously raises questions about their genuineness and also whether the exemptions under what's called Article One F of the Convention ought to come into play. HUMPHRYS: Isn't the reality that most of them will end up staying here? STRAW: It remains to be seen what number are granted asylum and what number are granted exceptional leave to remain. Palpably, as I made clear in the House of Commons, this is not an easy situation but I come back to the point and in a sense put it back to others, it's a very difficult set of decisions which I have to make and which they'll be invigilated I'm quite sure by the adjudicators but if we want to see some kind of international order we have to make ensure that the clearest messages are sent out against those who not only commit hijacking but also are complicit in hijacking. HUMPHRYS: Just a very quick thought - it's reported this morning that you want to see a change in the law, international law so it would make it more difficult to seek asylum. Is that true? STRAW: I was asked that actually by the Labour Chairman of the Home Affairs Select Committee, Robin Corbett in the House saying 'didn't this raise the question of whether the 1951 Convention ought to be reviewed and my view is that it should. We ought to be able to continue to provide haven for people but what has happened, and it's a dilemma faced by all Western countries, all European Union countries and indeed by the United States is that the 1951 Convention is now used in circumstances never anticipated by its drafters, that's compounded by the use of air travel and in the United Kingdom it's also compounded by what I should describe as a very generous interpretation of the terms of that Convention by our courts. HUMPHRYS: Right, crime. The latest crime figures show a rising trend for some crimes, not all crimes but for some crimes, some important crimes and you have announced, you are announcing this week new targets for police forces. Is that because you believe that many police forces, some police forces aren't doing a good enough job compared with the others? STRAW: Well, let's first of all put the situation into perspective: Since the election, crime has fallen by seven percentage points, it went up in the last period but overall it's fallen by seven points. Some crimes that worry people a huge amount like domestic burglary have fallen twenty percentage points in that period, others, as you say have gone up. What we are seeking to do is to get on top of the long term trend in crime. Crime has risen with some changes but on average by about five percentage points per year every year this century - we want to try and get on top of this with the most substantial co-ordinated attack on crime and disorder we believe this country has ever seen. Now this doesn't mean that in any one year the figures are always going to go down but it means that we're trying to get right on top of it. So what are we doing? We're trying to reform the process end to end. I'll come back to the police in a second but we've got this major reform of the Crown Prosecution Service so you've now got a named, known, Chief Crown Prosecutor in each area, more resources going into streamline what the Crown Prosecution Service are doing. We're trying, it's been controversial but we are in the process of streamlining the way the courts operate. We're providing a much greater emphasis on the needs and the rights of victims, increasing the aid to victim support by fifty per cent, providing a victims and witness services in the courts, providing special protection for the women victims of serious sexual crimes like rape. We're changing the way in which the courts can sentence people, for example, by bringing into force the minimum mandatory sentences for domestic burglary and drug dealing and we've got the whole of the Crime and Disorder arrangements with these new partnerships and we've got the major reforms of youth justice which are coming into play and are beginning to be very successful indeed. Now let's come back to the issue with the police: HUMPHRYS: Yeah. You're not happy with the way some of them are doing their job. STRAW: I want to see the performance of the police service raised to the best and the parallel I draw is of my experience, personal experience, in dealing with the education service, because I've been involved, usually at a local level but as Deputy Leader of the old Inner London Education Authority at the beginning of the seventies and then as Education spokesman before David Blunkett at a national level. Twenty years ago people were saying, and it's a received wisdom not least in the Labour Party by the way that what happened in schools couldn't really effect the education of the children, that it was as much to do with where they came from, the kind of areas they lived in and basically schools are there to kind of warehouse kids. It was a very condescending approach. What we then learned from good research and peoples' sort of sense was that similar schools in similar areas with similar kinds of either easy kids or difficult kids, with similar teachers with similar amounts of money could do vastly different things. So what I want to do, and this is part of the process we're announcing tomorrow, is translate that same kind of rigorous performance culture into the police service. And we're doing that - and the police service are on board for this by the way because most of them are very keen indeed on all this..... HUMPHRYS: And be consistent? STRAW: Yes,. Well, we're doing this by saying to the service: yes, we want to put more resources into what you're doing. Yes, we want to turn the police numbers graph round so you do get back on a rising curve of police numbers, but we're publishing the data for what are called the basic command units for each police service, which are basic divisions, I mean - classic one Blackburn in Lancashire if I may name that, (INTERRUPTION) but it could be Cardiff, or to name another one or Sedgefield to name a third or Maidstone to name a fourth so that's what you do. You then can start to compare not only the performance of the police services as a whole, but also of similar towns and see how those services in each town are doing. But crucially what we've also done is said to the police service: You're not on your own in fighting crime. You are also working in partnership with all the other authorities in the area to get crime down, and that's where these targets come into play.. HUMPHRYS: But the danger with targets obviously is you can't have targets for absolutely everything. You'll have targets for certain things. and the danger is that they will concentrate on those things and other crimes may rise because they're concentrating on those that you are telling them. STRAW: Yes, that's what used to be said. Now when the debate was going on about whether schools should be set clear targets say on.... HUMPHRYS: Slightly different though. STRAW: Well, it's slightly different, but also exactly the same. Of course it's different in one sense, but it's .. HUMPHRYS: ... to struggle with that concept, .do you? STRAW: No, no, but of course it meets. We're talking about the education - police service, not the education service, but what is interesting is that teachers in classroom are unsupervised while they're teaching just as police officers on patrol are unsupervised directly while they're on patrol. There's a high degree of discretion given to each of these key professionals in our society. HUMPHRYS: And the Chief Constable would say quite right too. STRAW: Well, of course, and ditto for teachers, but there are similarities, and in the old days it was - just remind me of that point again. HUMPHRYS: What I'm saying that some crimes will rise because they can't .. STRAW: Sure, just coming up. In the old days it was said that if you concentrate on reading or maths and things like that the rest of the children's education will go by the board, or you won't have time to concentrate on behaviour. What we found was that schools which are good in concentrating on reading and maths are also good in everything else, and my judgement is that of course we should name some specific crimes is what we are doing which is burglary and car crime and robbery in the areas which account for seventy per cent of robberies, but those forces which are raising their game in this area will also find that they will be able to raise their game in other areas. HUMPHRYS: You say that they're going to have more resources. Obviously they'll need more resources to do this. The problem is that they won't be getting more of what they most need and that is extra police officers. You promised more recruits. You promised another five thousand recruits in addition to all the others that would normally come in over the next three years. The difficulty with that is that every year six thousand or so police officers leave the force, so that by the time you've done the sums, you've added your extra five thousand to the thirteen thousand or so that would normally come in over the next few years, you're actually going to end up at the end of those three years with probably slightly fewer police officers than you began with. Now, that isn't what you were promising originally, certainly not you were promising in your manifesto. STRAW: Well, as far as the manifesto is concerned we didn't promise any change in the number of police officers either up or down. HUMPHRYS: There was a very clear implication there would be more bobbies on the beat..... STRAW: No, no. we said we would release officers for operational duties, and we're doing that, and some of...... HUMPHRYS: I mean. you made great play at the Party Conference, you made great play about there being more police officers., STRAW: May I say John, I went into the election against the background of a reduction in police numbers under the Conservatives from ninety-three onwards of about fifteen hundred, and I was very anxious not to make promises which I couldn't deliver, and so ..... HUMPHRYS: And they've fallen since you came in. STRAW: I'm aware of that, but I say I didn't promise at the election that police numbers would rise. I would like them to rise let me say, but I didn't promise that. We've not broken any promise. We did say we would release more officers for operational duties, and that's exactly what we're doing, for example by the...and the court processes and that is happening, and the mode of trial changes will also.... HUMPHRYS: Yes, but how are they going to meet these targets, these tougher targets without more police officers. STRAW: Let me just say that what you need is to back what the police service has at the moment with for example new technology, with the new orders we're providing with the four hundred million pounds we're putting into close circuit television, and all sorts of other crime prevention. HUMPHRYS It's not the same as having extra police officers. STRAW: And the other point I'd make is again to draw the parallel with education. If you look at the good educational services, the good schools and the not-so-good schools, there is no direct relationship between the inputs and outputs. HUMPHRYS: Well..... STRAW: Well, you may say well, and that's ... HUMPHRYS: Well, I say well because I don't know anybody who doesn't say that the more police officers you have the better able Chief Constables are to fight crime. I mean it's been an article of faith..... STRAW: : It may have been an article of faith, but if you.... HUMPHRYS But you're telling us that's wrong. STRAW: If you've got the police service running at optimum efficiency then of course additional officers will make a difference, but if you look at your history of the last twenty years you see that the number of police officers were rising quite rapidly during the nineteen-eighties during the period when crime doubled. The number of police officers fell from nineteen-ninety-three to - and it's still falling at the moment, during a period when crime has fallen, There's no necessary relationship here, and... HUMPHRYS: Well, you accepted the applause at the Party conference when you said we're going to have more police officers, and now you seem to be saying that doesn't actually matter now that the sun's gone down. STRAW: No, with great respect it's a more subtle point than the one you're putting to me. HUMPHRYS: No, I do understand. What you're saying is that if you can increase the efficiency - but people have been trying to do that for donkey's years, increase the efficiency of the police. STRAW: And we're doing it some more you see. And - look, you look at the latest crime statistics. They went up in the Metropolitan Police Service, and that accounted for the bulk of the increase,. They also went up for reasons to do with the statistics, not to do with the real level of crime in the West Midlands. In many other areas they went down. HUMPHRYS: A lot of people say - the Police Federation says it's because of fewer police officers. STRAW: Well, hang on. In that case how does the Police Federation answer what's happened in Lancashire. Now Lancashire had a very poor financial settlement last year. It's got a better one this year, I'm sorry about that, at least it proved I wasn't biased. Under the average alright, police numbers have been broadly stable there. The Chief Constable and her colleagues in that force have been able to get crime in Lancashire down by ten percentage points, and my challenge in Lancashire, it's a quite difficult area - leave aside the .... Blackburn, quite a difficult area, and despite all that, limited resources, they've done it, so why can't other forces? HUMPHRYS; So anybody who's expecting that there will be many more police officers or even more police officers by the end of this term of government of the Labour Party is going to be disappointed. STRAW: Well, I..... HUMPHRYS: You cannot guarantee it, and you're saying actually it probably doesn't matter very much. STRAW: No, I didn't say that. What I said was indeed, with great respect,...... HUMPHRYS: Perilously close to it. STRAW: No, what I said was, if you've got the police service working at optimum efficiency then additional officers make a difference, and that's what we need to do. So what we're doing ... HUMPHRYS: But you're not guaranteeing it, that there will be more of them. STRAW: Well, I'm guaranteeing that there will be more than would otherwise have been the case. And if you want me to make a political point more than certainly would have happened under the Conservatives. (INTERRUPTION) We saw that the police numbers had been going down since nineteen-ninety-three. They were going down more quickly than we'd anticipated, indeed I got a settlement for them two years ago which was due to keep police numbers level, we've now got this additional new money, new money to ensure that there are five thousand extra recruits over and above, over and above those the police service are planning to recruit. Now it's a matter for speculation as to where the numbers end in three years time, but it's my hope and belief if you are asking me this that the numbers should be above the level certainly that they are now. HUMPHRYS: Okay, right well we are using you to maximum efficiency today because if you stay with us, I'd like to talk to you about something else. STRAW: And my fee is a lot less than yours. HUMPHRYS: We could argue about that but probably yes, probably not, it wouldn't be too wise. STRAW: Zero. HUMPHRYS: Zero, absolutely, Government Ministry, don't pay Government Ministers.
NB. This transcript was typed from a transcription unit recording and not copied from an original script. Because of the possibility of mis-hearing and the difficulty, in some cases, of identifying individual speakers, the BBC cannot vouch for its accuracy.