Abu Qatada

Mark Reckless Excerpts

Wednesday 24th April 2013 Commons Chamber

[Mrs May]

The European convention was signed for a particular purpose. Over the years, the European Court has itself interpreted the convention in particular ways, and I believe that when it raised the issue of Abu Qatada and article 6, it moved the goalposts.

The hon. Gentleman mentioned torture in connection with Jordan and the agreement that has been signed. I remind him that the Jordanian Government themselves changed their constitution to outlaw torture. The case of Abu Qatada went before SIAC, and SIAC reached the judgment that it did, because the case law had not been tested at that stage. The Jordanian Government themselves took the step of outlawing torture, and I think that we should congratulate them on the changes that they have already made in their legal system.

[Mark Reckless (Rochester and Strood) (Con)]

The Home Secretary has to convince the Supreme Court that her case raises an arguable point of law of general public importance. Should she not therefore put the key constitutional question: is Strasbourg entitled to move the goalposts, or does our Supreme Court have the last word?