Why Does the Ministry of Justice Refuse to Publish Foreign Crime Data?

Former British Deputy Prime Minister and Lord Chancellor David Lammy is trying to block the release of crime statistics relating to foreign nationals in England and Wales. The move has raised questions about why the government is so reluctant to make the information public.

The Centre for Migration Control (CMC), a British think tank, submitted a Freedom of Information (FOI) request to the Ministry of Justice (MoJ) seeking the total number of criminal convictions over the past seven years, broken down by offenders' nationality and offense type such as rape, murder, child sexual abuse, grievous bodily harm, arson, robbery, weapons possession and drug crimes.

The MoJ initially rejected that data request. The CMC then referred the case to the Information Commissioner’s Office (ICO), as Freedom of Information law allows. The ICO ruled in the think tank’s favor. The MoJ is now trying to overturn that ruling, which could lay bare the scale of foreign offending in England and Wales from 2018 to 2024.

The MoJ, or any other public body, can argue that it is legally entitled to refuse the request on the grounds that the cost of providing the information would be disproportionate and that publishing some of the data could lead to the identification of individuals, thereby infringing their right to privacy. However, both of these arguments were rejected by the ICO.

The main opposition parties, Reform UK and the Conservatives, have criticized the Ministry of Justice's actions. Reform UK Shadow Home Secretary Zia Yusuf said in a public statement: “The Tories and Labour want to cover up the impact of their immigration betrayal. As Home Secretary, I would publish this data immediately. The British people deserve the truth”.

https://twitter.com/migrationctrl/status/2079084243527893265?s=48

What Is Controversial About the Data?

The MoJ has published some conviction figures, previously reported by The Telegraph, showing overall numbers for all sexual offenses, but it has not released data for individual crimes such as rape, murder and arson since 2018. Without the breakdown, the public cannot assess the distribution of offenses by nationality.

Figures released by the department show that foreign nationals accounted for one in seven sexual offense convictions (14.1%) in 2024, based on data drawn from the Police National Computer.

Robert Bates, research director at the Centre for Migration Control, told Statement that there was “no doubt” that some Whitehall departments had problems with the quality of their data but argued that these issues were “easily overcome”. He claimed ministers were reluctant to publish more detailed figures because they feared “spark[ing] backbench revolts”, noting that Labour MPs had previously opposed publishing crime statistics by nationality on human rights grounds.

Bates argues that “a well-functioning migration system, that carries public consent, must be led by data”, adding that crime rates by country of origin should be “at the heart of Britain's border management”. He asserted that such information would allow ministers to consider measures including targeted visa bans, stronger background checks and greater diplomatic efforts to secure the return of foreign national offenders. “The publication of this data would hold ministers' feet to the fire”, he said, by enabling the public to judge the Home Office's performance more effectively.

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The Dispute over Data Will Go to Court

The ICO agreed that the request was valid, rejecting the MoJ's claim that providing the data would exceed the statutory cost limit. “The Commissioner acknowledges that the request is wide in scope and involves the manipulation of a complex dataset”, the ruling stated. “However, complexity alone does not obviate the requirement to provide a properly evidenced estimate. In the absence of a coherent explanation of how the estimate [of cost] has been calculated, the Commissioner cannot conclude that the cost limit would be exceeded.”

The Commissioner concluded that, under the Freedom of Information Act, the MoJ should “disclose the requested information to the complainant”.

The MoJ has appealed the decision to the First-tier Tribunal (General Regulatory Chamber), which hears challenges to decisions by government regulators.

David Lammy rejected calls from campaigners for the full dataset to be released. In a letter sent last week, he said the MoJ already publishes “a range of statistical breakdowns” on foreign national offenders and that its approach to publication remains under “continuous review”.

An MoJ spokesperson denied allegations that ministers were seeking to conceal the figures. “We do not recognize claims of a cover-up”, the spokesperson said. “We are appealing the ICO’s decision and do not comment on ongoing legal proceedings.”

However, the government’s decision to continue challenging the ICO ruling, despite acknowledging that it holds the requested data, is likely to reinforce criticism from opposition politicians and campaigners who argue that ministers are resisting the publication of information they believe is in the public interest.