Abu Qatada

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 17th April 2012 Commons Chamber

[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.

[Dr William McCrea (South Antrim) (DUP)]

I thank the right hon. Lady for her statement, and assure her that my right hon. and hon. Friends will wholeheartedly support her efforts to ensure that this dangerous man, who is a risk to national security, is out of our country as soon as possible. Can she assure me, however, that she is confident that the European Court will not interfere again to hinder the deportation of this terrorist?

[Mrs May]

I thank the hon. Gentleman for assuring me of his support and that of his right hon. and hon. Friends. A legal process can now be obtained. Obviously Abu Qatada will have an initial right of appeal to SIAC and further potential rights of appeal in the UK courts and then the European Court, but it cannot be guaranteed that the hearing of those appeals would be accepted. The confidence that I feel is based on the fact that we are considering a narrow definitional issue as we take the matter through the courts.