Abu Qatada

Dominic Raab Excerpts

Tuesday 17th April 2012 Commons Chamber

[Mrs May]

First, as I said in response to an earlier question, I am confident in the TPIM measures that we have introduced and put in place. I note that not only a number of Labour Back Benchers, but the shadow Home Secretary herself have raised a number of questions about the issue of terrorism, anti-terrorism and national security. I simply say to them that they should ask themselves this: if they care so much about that issue, why is the Labour party campaigning to stop the extradition to the United States of a known terror suspect?

[Mr Dominic Raab (Esher and Walton) (Con)]

May I, like others, welcome the Home Secretary’s determination? As already said, the House of Lords has already approved this deportation without the requisite assurances that the Government are now able to provide. I seek some clarification of the rule 39 injunction to which my right hon. Friend has referred. Given the nature of how the UK implements international law, on what basis in UK law would such an injunction be directly enforceable in the UK courts?

[Mrs May]

I apologise to my hon. Friend. I thought that I had implied the answer to that question in my response to my hon. Friend the Member for Rochester and Strood (Mark Reckless), who is a member of the Home Affairs Committee.

The point is that if we were to act against the rule 39 injunction, it would be open to Abu Qatada—or, indeed, to anyone else in the same position—to go to our UK courts to obtain an injunction against deportation, and we would then find ourselves acting against the law that exists here in the UK. It is on that basis, apart from any other, that I say that we would be acting illegally.