MP calls for 'root and branch reform' to end 'mockery of justice' of foreign criminals abusing European Convention on Human Rights to thwart deportation

Simon Clarke MP for Middlesbrough South and East Cleveland has secured a Parliamentary Debate this evening to raise the issue following a number of high-profile cases, particularly that of Luke Mason who was mowed down in the street before being driven over "like a speed bump" by a Kuwaiti national who is now using the ECHR to prevent deportation.

In October 2017 Luke, together with his friend Matthew Lockwood, were ploughed into by the car driven by Hadi Hamid, outside the Empire nightclub in Middlesbrough.

Luke and Matthew were 18 and had been enjoying a birthday night out when they were thrown into the air by the collision, with Luke ending up under the wheels of Hamid's car.

As shocking CCTV footage of the incident depicts, Hamid proceeded to drive over Luke’s body "like a speed bump" - an act Mr Clarke said could "only be described as wickedness".

Luke was almost killed having suffered a broken spine, ribs, arms, collar bone, pelvis, a collapsed lung, dislocated elbow and the skin stripped from his back and part of his head.

Hamid was convicted, jailed for four years and ordered to be deported under UK law. But using the European Convention on Human Rights, Hamid has appealed that decision and remains at large in the UK.

Mr Clarke said: "Luke's case takes us to the heart of the ongoing debate about human rights law in the United Kingdom. Whether it strikes the appropriate balance between the rights of the victim and the perpetrator and between foreign national offenders and the wider public.

"My primary concern was what happened after Mr Hamid was released from prison in October 2019, having served half his sentence.

"Under the terms of the UK Borders Act 2007, he should then have been eligible for automatic deportation as a foreign national offender.

"The Act is clear that a deportation order must be made in respect of a foreign national offender sentenced to twelve months or more and where the sentence is four years or more, the public interest requires deportation unless there are very compelling circumstances.

"I would say the public interest very much requires deportation in this particular case. However, this has not happened.

"To date, Mr Hamid has relied successfully on the European Convention on Human Rights, enshrined in our law through the Human Rights Act 1998, to avoid being deported and frankly to make a mockery of justice for Luke and his family."

Luke lost a year of his life to a series of very painful operations, and will live with consequences forever. But showing great courage, he succeeded in his A-levels and is now a student at York University.

Last year, he was elected as the Conservative Councillor for Coulby Newham.

Luke said: "What truly angers me is not the obvious crimes that were committed that night, such as the drink driving and driving whilst disqualified - although he is a repeat offender when it comes to driving whilst disqualified so is most certainly a danger to the public - it's the worrying lack of regard when it comes to human life.

"After hitting me he didn't stop to help, he drove straight over the top of me very much like a speed bump.

"In court he showed a degree of callousness and demonstrated no regard to how well either me or Matthew had recovered - he spoke only to ask how long his custodial sentence was. I firmly believe that this man remains to be a threat to our society and simply does not respect our laws and customs.

"To allow people such as him to remain in this country without a clear and obvious reason as to why he should be allowed to remain is a disgrace, a slight on our judicial system in this county and an insult to victims such as myself.

"I believe there is one way in which many issues raised in cases such as these can be solved with some ease- by repealing the human rights act of 1998 and replacing it with a British Bill of rights."

Mr Clarke added: "Luke and his mother Wendy understandably feel massively let down by our human rights laws – and I share their frustration.

"Mr Hamid came to our country claiming refugee status – a status that I am glad to say he was stripped off by the Home Office in March 2019, although he continues to appeal that decision.

"He abused that status shamefully, and his only thanks to the country that took him in has been to cause great harm and distress.

"Mr Hamid is relying on Article 2 and Article 3 of the ECHR to trump deportation claiming he fears for his life or being tortured if he is returned to Kuwait.

"Luke is not entitled to any further information than this, despite being the victim of this double injustice. Kuwait is a stable country and a friend to the United Kingdom.

"I suspect strongly that Mr Hamid knows precisely how to play the system, as we know so many offenders like him do, to take advantage of the provisions of the Human Rights Act.

"In my view, he has forfeited any legitimate right to stay in this country."

In 2018, Home Office statistics show 455 appeals against deportation by Foreign National Offenders were successful – 25 per cent of all the appeals lodged by these convicted criminals. Of these successful appeals, 172 relied on human rights grounds.

Each and every week in 2018 three foreign national offenders sidestepped the UK Borders Act based on human rights claims.

Mr Clarke said: "I am afraid it stretches credulity to believe that all of these claims were well-founded.

"The provisions of the European Convention on Human Rights should be there to protect the innocent against grave and exceptional threats.

"Instead, immigration lawyers are advising their clients precisely what are the right buzz words to initiate a successful appeal.

"There is a pervasive sense that our own high legal standards are being deployed against us, to the detriment of the public.

"The upshot is that we have a human rights settlement that often seems to protect perpetrators far more effectively than it does victims and that repeatedly allows serious offenders to cite their rights to escape the consequences of their actions.

"I believe that we need a root and branch reconsideration of these issues.

"The case for a dedicated British Bill of Rights feels ever stronger, allowing us to incorporate the core Convention rights into our domestic law to define them sensibly, in a way that mitigates against the accumulated legacy of Strasbourg’s judicial activism and makes the whole settlement accountable to our Parliament and our courts."

Mr Clarke is also calling on the concept of Deportation With Assurances to be widened to include all cases involving foreign national offenders. Currently it only applies to those individuals suspected of terrorism offences.

In addition, he has written to the Secretary of State for Justice calling for the maximum penalty for dangerous driving to be strengthened saying "It is surely too weak as the law stands".