Mr Nigel Dodds (Belfast North) (DUP)
Paragraph 12 of the explanatory memorandum states:
“If a proscribed organisation…applies to the Secretary of State for deproscription, the proscription of the organisation will be reviewed.”
How does that work in practice? If an organisation and its members are illegal—proscribed—how do they have the locus to apply to be have the proscription reviewed?
James Brokenshire
Under the current regime, the organisation or person affected by a proscription can submit a written application to the Home Secretary requesting that she considers whether they or a specified organisation can be removed from the list of proscribed organisations. There is a process for this. The application should also state the grounds on which it is made, and the Home Secretary is required to determine the application within 90 days.
If the Secretary of State agrees to de-proscribe that organisation, she has to lay an order before Parliament removing it from the list of proscribed organisations. In practice, all the evidence and intelligence have to be considered across Whitehall. The order is then subject to the affirmative resolution process. In other words, it is a similar process to a proscription application. I have to say to the House that no de-proscription applications have been received since June 2009.
[Official Report, 2 April 2014, Vol. 578, c. 951.]
Letter of correction from James Brokenshire:
An error has been identified in the response given on 2 April 2014.
The correct response should have been:
James Brokenshire
Under the current regime, the organisation or person affected by a proscription can submit a written application to the Home Secretary requesting that she considers whether they or a specified organisation can be removed from the list of proscribed organisations. There is a process for this. The application should also state the grounds on which it is made, and the Home Secretary is required to determine the application within 90 days.
If the Secretary of State agrees to de-proscribe that organisation, she has to lay an order before Parliament removing it from the list of proscribed organisations. In practice, all the evidence and intelligence have to be considered across Whitehall. The order is then subject to the affirmative resolution process. In other words, it is a similar process to a proscription application. An application for de-proscription was received on 27 March 2014, the first since 2009.