Abu Qatada (Deportation)

Lord Garnier Excerpts

Monday 8th July 2013 Commons Chamber

[Mrs May]

The reason that large legal bills built up was the time the case took, because of the various stages of appeal that were available to Abu Qatada and the fact that the European Court moved the goalposts in the unprecedented decision that it took early last year. It was because of that that we had to undertake further discussions with the Jordanian Government about the assurances that could be achieved. And of course our own Special Appeals Immigration Commission last autumn decided that despite those further assurances and its view that the Jordanian Government would bend over backwards to make sure that Abu Qatada got a fair trial, this one issue about whether evidence that was allegedly obtained by torture could be used had to be addressed. That is addressed, among other things, in the general treaty that we have signed. It is because there have been so many opportunities to appeal and because of the decisions that have come as a result of those appeals that the legal bills have built up.

[Sir Edward Garnier (Harborough) (Con)]

May I join all those who have offered their congratulations to the Home Secretary, and may I also thank her for the congratulations that she has offered to others—her officials and officials in other Departments? That is a very proper thing to have done. Does she agree that even before the enactment of the Human Rights Act, we probably would not have deported a terrorist suspect to be tortured or to face trial on the basis of evidence extracted by torture or to a country which might have used the death penalty upon that person? Does she also agree that the core to the success that she has had has been the bilateral agreement with Jordan, and that although we may all have our frustrations about the expense and the difficulties caused by the Strasbourg Court, the central thing that we must concentrate on is ensuring that we have with these other jurisdictions rock-solid, cast-iron treaties which permit deportation?

[Mrs May]

Indeed, I agree with my hon. and learned Friend. It is important that we have these assurances and agreements with other countries where there is a possibility, or where the courts have suggested that there is a possibility, that it would not be possible to deport an individual because of the situation they would find themselves in once deported. When the European Court made its judgment last year, I think that it failed to appreciate the changes that have taken place in Jordan and the work the Jordanian Government have done, for example to change their constitution in relation to torture. In a sense the judgment was unfair with regard to the Jordanian situation. Nevertheless, as a result of the judgment, we had to undertake further discussions with the Jordanian Government and put in place exactly the sorts of assurances and agreements that my hon. and learned Friend refers to.