Abu Qatada Debate

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Department: Home Office
Wednesday 24th April 2013

(11 years ago)

Commons Chamber
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Theresa May Portrait Mrs May
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May I say in response to the shadow Home Secretary’s first question that she should perhaps listen to what she herself said in her statement? She said that SIAC had suggested that there should be a change to a number of aspects of Jordanian law and/or a change to the obligations on the prosecutor. It is such a change to the obligations on the prosecutor that is in the mutual legal assistance agreement that I have signed with Jordan and that has been laid before both Houses of Parliament, and that will therefore deal with that particular issue.

The right hon. Lady asked about the failure to appeal to the European Court. She has raised that issue before and I have answered her before. She seems to think that I should have appealed to the Grand Chamber of the European Court, but that would have jeopardised the Government’s wider deportation with assurances programme and risked the blockage of many other deportation cases. She should also look at what she has previously said on this issue. What she is saying today is not what she was saying last year. In this House, on 17 April last year, she said of me:

“I welcome the assurances that she has obtained from Jordan. Previous agreements were in place, but she was right to pursue further assurances.”

If she thought we should have appealed to the Grand Chamber, why did she think that we needed to pursue those assurances? If that is not clear, she should also remember what else she said:

“We understand, too, that the Home Secretary believes it is too risky to appeal to the Grand Chamber. I understand she would have had legal advice on that, and I do not want her to pursue an unwise and risky process”.

The right hon. Lady asked about the relationship with the European Court of Human Rights in Strasbourg. The House will know that it is my clear view that we need to fix that relationship and that all options, including leaving the convention altogether, should be on the table. The Prime Minister is looking at all options, and that is the only sensible thing to do.

There are a number of questions for the right hon. Lady. She talked about why this did not happen sooner, and we have heard all sorts of claims from the shadow Home Secretary and the shadow Immigration Minister about what I have said. A year ago, I said in this House:

“hon. Members must be aware that”

what I was announcing at that time

“does not necessarily mean that he”—

Abu Qatada—

“will be on a plane to Jordan within days. There is still a potential avenue of appeal to the Special Immigration Appeals Commission court, and beyond. That appeal process could take many months”.—[Official Report, 17 April 2012; Vol. 543, c. 175-6.]

I have to tell the right hon. Lady that simply repeating something and wanting it to be true does not make it true; she should look at what was actually said here.

Finally, the right hon. Lady herself has to answer some questions. Does she support what the Government have done? [Interruption.] The right hon. Lady says she wants a vote. I am asking her very clearly whether she believes that the Government have taken the right course of action in what we have done. Beyond that, will the Opposition support what we want to do, which is to strip out appeal rights for foreign nationals, or not? Will we have a cross-party agreement that we need to deal with the issue of the length of time deportations take? We could do that by taking out layers of appeal. Perhaps even more significantly, will the Opposition agree with us that we need to sort out our human rights laws, which were passed by their Government?

This mutual legal assistance agreement with Jordan has clauses within it that, as I say, address the issue raised by the SIAC court and the European Court about Abu Qatada. I hope that the right hon. Lady will support the Government—not just on this case, but in sorting out our human rights laws and our processes of deportation.

John Redwood Portrait Mr John Redwood (Wokingham) (Con)
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Given the way in which successive British Governments have been made to look impotent by the European convention and regime, when will my right hon. Friend bring proposals before this House to ensure that the will of Parliament and of the overwhelming majority of the British people can be upheld, common sense applied and justice delivered in these difficult cases?

Theresa May Portrait Mrs May
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My right hon. Friend will have to wait and see what we intend and are able to bring to this House. I have already indicated that I intend to address some of these issues in a new immigration Bill if parliamentary time allows for it.