I have been asked to reply.
Magistrates already have the power to recommend foreign nationals for deportation under section 3(6) of the Immigration Act 1971.
(2) what payments the Government have made to foreign countries for the transfer of foreign nationals imprisoned in the UK to serve the final part of their sentence in their home country.
The United Kingdom is a party to two multi-party prisoner transfer agreements, the Council of Europe Convention on the Transfer of Sentenced Persons, and the Commonwealth Scheme for the Transfer of Convicted Offenders. In addition, the United Kingdom has concluded a small number of bilateral prisoner transfer agreements. The following lists those countries and territories with which the United Kingdom has a prisoner transfer arrangement.
No payments have been made to foreign countries for the transfer of prisoners to serve the remainder of their sentence.
Countries and Territories with which the United Kingdom has a Prisoner Transfer Agreement
Albania
America
Andorra
Anguilla
Antigua and Barbuda
Armenia
Aruba
Australia
Austria
Azerbaijan
Bahamas
Barbados
Belgium
Bermuda
Bolivia
Bosnia Herzegovina
Bouvet Island
Brazil
British Indian Ocean Territories
British Virgin Islands
Bulgaria
Canada
Cayman Islands
Chile
Cook Islands
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Dutch Antilies
Ecuador
Egypt
Estonia
Falkland Islands
Faroe Islands
Finland
France
Georgia
Gibraltar
Germany
Greece
Grenada
Henderson, Ducie and Oeno
Hong Kong
Hungary
Iceland
India
Ireland
Israel
Italy
Japan
Korea
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia
Malawi
Malta
Mauritius
Mexico
Moldova
Montserrat
Montenegro
Morocco
Netherlands
Nicaragua
Norway
Panama
Peru
Peter I Island
Pitcairn
Poland
Portugal
Queen Maud Land
Romania
Samoa
San Marino
Serbia
Slovakia
Slovenia
Spain
Sri Lanka
St. Helena and Dependencies
Sovereign Base Areas Cyprus
Suriname
Sweden
Switzerland
Thailand
Tonga
Trinidad and Tobago
Turkey
Uganda
Ukraine
Venezuela.
The countries and territories with which the United Kingdom has a prisoner transfer arrangement and the number of prisoners held in England and Wales from each of those countries are given in the following table.
In the Police and Justice Act 2006 the Government amended the Repatriation of Prisoners Act 1984 to enable prisoners to be transferred without their consent where the relevant international agreement does not require it. Subject to the views of the other Governments concerned, the United Kingdom will, in the future, seek to negotiate prisoners transfer agreements which do not enable prisoner to prevent transfer by withholding their consent. However, each of the agreements listed below requires the consent of both states involved, as well as that of the prisoner concerned. As a consequence it is not possible to say how many prisoners will be transferred under these agreements in the future.
These figures have been drawn from administrative IT systems. Care is taken when processing and analysing the returns but the detail collected is subject to the inaccuracies inherent in any large scale recording system, and so although shown to the last individual, the figure may not be accurate to that level.
The figures in the following table relate to England and Wales only.
Number Albania 122 Andorra — Anguilla 1 Antigua and Barbuda/Dutch Antilles1 10 Armenia 5 Aruba — Australia 19 Austria 11 Azerbaijan 3 Bahamas 5 Barbados 27 Belgium 32 Bermuda 4 Bolivia 4 Bosnia Herzegovina 5 Bouvet Island — Brazil 51 British Indian Ocean Territories 1 British Virgin Islands — Bulgaria 15 Canada 19 Cayman Islands — Chile 8 Cook Islands1 n/k Costa Rica 3 Croatia 91 Cuba — Cyprus 38 Czech Republic 38 Denmark 4 Ecuador 8 Egypt 8 Estonia 16 Falkland Islands — Faroe Islands — Finland 3 France 104 Georgia 12 Gibraltar 2 Germany 105 Greece 14 Grenada 14 Henderson, Ducie and Oeno1 — Hong Kong 5 Hungary 16 Iceland 1 India 204 Ireland 554 Israel 14 Italy 76 Japan 1 Korea 5 Latvia 37 Liechtenstein — Lithuania 131 Luxembourg — Macedonia — Malawi 9 Malta 5 Mauritius 13 Mexico 18 Moldova 21 Montserrat 10 Morocco 28 Netherlands 92 Nicaragua — Norway 5 Panama 3 Peru 3 Peter I Island1 — Pitcairn — Poland 203 Portugal 148 Queen Maud Land1 — Romania 76 Samoa — San Marino 1 Serbia/Montenegro2 56 Slovakia 12 Slovenia 5 Spain 57 Sri Lanka 86 St. Helena and Dependencies — Sovereign Base Areas Cyprus — Suriname 10 Sweden 7 Switzerland 6 Thailand 5 Tonga — Trinidad and Tobago 78 Turkey 150 Uganda 56 Ukraine1 n/k United States of America 89 Venezuela 19 Other 8 1 We cannot separately identify all nationalities with which we have a prisoner transfer agreement. These are as follows: Ukraine is included with Russia (We do not have a prisoner transfer agreement with Russia) Cook Islands are included with New Zealand (We do not have a prisoner transfer agreement with New Zealand). Antigua and Barbuda are included with the Dutch Antilles. We have prisoner transfer agreements with both Antigua and Barbuda and the Dutch Antilles. Queen Maud Land and Peter I Island are included in Other. Henderson, Ducie and Oeno are included with Portugal. We have a prisoner transfer agreement with both the Islands and with Portugal. 2 Serbia and Montenegro are recorded together but since the separation on Montenegro from Serbia, Montenegro is a signatory to the Council of Europe Convention on the Transfer of Sentenced Persons in its own right.