Abu Qatada

John Bercow Excerpts

Tuesday 17th April 2012 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the Home Secretary’s pursuit of the deportation of Abu Qatada in compliance with the law. Given her assessment of the threat that he poses to national security, it is right to try to deport him as soon as possible and to return him to custody in the meantime to protect public safety.

I accept the Home Secretary’s apology for the late delivery of the statement, which I received only 10 minutes ago. Unfortunately, the Evening Standard clearly received the statement at 12.30 pm today, when it reported what she was to say in the House.

I understand that, as the Home Secretary said, SIAC is sitting as we speak, but none of the content of her statement appeared to be contingent on the conclusions of that court hearing, and there is a troubling level of confusion about today’s events that it would be very helpful for her to clear up.

I welcome many of the points that the Home Secretary made, although I have a series of continuing concerns. I welcome the assurances that she has obtained from Jordan. Previous agreements were in place, but she was right to pursue further assurances. I welcome, too, the arrest of Abu Qatada today as part of action through the courts to pursue deportation.

The Home Secretary will know that our concern remains that the Home Office should have acted faster after the European Court judgment in January, and that had we not had early drift and delay after that judgment, Abu Qatada might not have been released in the first place. When I asked her in February, several weeks after the judgment, whether she had had personal contact with Jordan after the European Court ruling, she had not been to Jordan at that point, nor did she go for a further four weeks. Indeed, the court that gave Abu Qatada bail cited as one of its reasons that there was no sign of progress in getting a deal with Jordan. Indeed, the court said:

“I do not know precisely what the Secretary of State has in mind. Indeed, the negotiations are only at the earliest of stages.”

It is therefore very welcome that the Home Secretary has now got further reassurances from Jordan, which are important and I hope will be sufficient, and it is welcome that she is taking action today, but three important sets of questions remain.

First, can the Home Secretary set out how long this will take? Does she expect to deport Abu Qatada in weeks, months or years? She has previously told the House that she hoped to deport him by the Olympics. Does she believe that she is on track to do so? The media appear this afternoon to be reporting that Abu Qatada is expected to be on a plane by the end of April. Does she believe that that will happen or that it is realistic?

Can the Home Secretary also confirm that the action that she has taken today is simply to start the deportation process again from the beginning by going back to SIAC? Can she confirm that she has decided not to conclude the previous deportation proceedings, which started in 2007, by going to the Grand Chamber, and decided instead to start the process again by going back to square one and to SIAC today?

The Home Secretary and I would agree that the process that started in 2007 has been way too long. The British and European courts should be faster, and reforms are needed to deal with the delays. We are happy to work with her on discussing that. However, I continue to be concerned by her confidence that she has taken the fastest route today. She has said that the route that she is taking is quicker than going to the Grand Chamber. Can she confirm, however, that the process that she has started today is still potentially subject to a whole series of appeals throughout the British court process, or to Abu Qatada and his lawyers taking the matter to the European Courts or the Grand Chamber again? Although she has decided that simply going through the final stage in the process is too long and is ditching the Grand Chamber, in fact she may be starting from scratch a process that will still have the Grand Chamber at the end of it.

We understand, too, that the Home Secretary believes it is too risky to appeal to the Grand Chamber. I understand that she will have had legal advice on that, and I do not want her to pursue an unwise and risky process, but we equally want her to pursue the fastest possible safe process to get Abu Qatada deported. May I therefore ask her to share with the chair of the Intelligence and Security Committee, the Chair of the Home Affairs Committee and the Opposition, on Privy Council terms, the detail of that legal advice, so that we can understand the judgment that she has reached on not going to the Grand Chamber as the fastest way to get Abu Qatada deported?

Finally, we need to know what safeguards are being put in place in the meantime. We understand that the special court is meeting as we speak, but also that it has been suspended this afternoon. Has the Home Office asked for Abu Qatada to be returned to custody? The Home Secretary did not make that clear in her statement. On the basis of what we know about the case I believe that would be the right thing for the Home Office to do. However, she will know that as Abu Qatada has already been released on bail, there is a significant risk that the court will decide either today or at a future date to continue with bail. It remains, therefore, a serious concern that Home Office delays in January and February led to Abu Qatada being released in the first place, and are also making it harder to return him to prison now.

Given reports that Abu Qatada has been in contact with extremists in Jordan while out on bail, the Home Secretary needs to set out what safeguards she will put in place if the courts do not agree to bail. There are also reports of chaos at the SIAC hearing as we speak. Those proceedings have been held up and we understand that lawyers are being scrambled to court. The BBC is reporting that the hearing is a “bit of a mess”. Can she confirm that the hearing has been properly applied for and planned rather than cobbled together in a rush in order that it sits at the same time as the House?

There is something a little odd about the timing and confusion. We are debating Abu Qatada without knowing what the courts will decide this afternoon and what action the Home Secretary will need to take next. [Interruption.] Will she therefore agree to return this House—[Interruption.]

[Mr Speaker]

Order. There is far too much noise in the Chamber. May I just say to the shadow Home Secretary that I think she is bringing her remarks to a close?

[Yvette Cooper]

Will the Home Secretary agree to return to the House this afternoon or tomorrow morning if the court does not agree to revoke Abu Qatada’s bail and return him to custody, so that we can hear what action she will take and what safeguards she will put in place?

I hope Abu Qatada will be back behind bars by tonight in line with the security assessment that the Home Secretary and the courts have previously made, and that we have a clear and reliable timetable for his deportation to Jordan. I hope we will not be back to square one. There was too much drift earlier this year and we have had a troubling level of confusion this afternoon. Will she assure the House that she is in control of events, and that the deportation everyone wants to see is back on track?

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. I am keen, if at all possible, to accommodate all remaining colleagues, but to do so I require brevity, which exercise will be led by the hon. Member for Kettering (Mr Hollobone).

[Mr Philip Hollobone (Kettering) (Con)]

I am sure the residents of the Kettering constituency would want me to congratulate the Home Secretary on her tremendous efforts to deport this wretched man. Reassuringly, she said she would look at how France, Italy and other countries do this sort of thing rather faster. Who is going to lead that review, and when will they report?

--- Later in debate ---

[Chris Heaton-Harris (Daventry) (Con)]

I obviously welcome the statement and I admire the Home Secretary’s persistence in this case, but I believe it is a huge waste of her time to have to spend so much time trying to rid the country of this particular individual. There are now a number of cases where our national security is under threat because of rulings from a foreign court whose judgments undermine both confidence in the judiciary and human rights in general. I know reform of the Court is high on the agenda, and we would all like to see that, but you mentioned the Bill of Rights in your statement. May we please speed up the timetable for that, so we have it in place as soon as possible?

[Mr Speaker]

I should just mention that I did not mention the Bill of Rights at all, but somebody did, and I think we are about to hear from her.

[Mrs May]

Yes, I did refer to the Bill of Rights, and as my hon. Friend will know, my right hon. and learned Friend the Justice Secretary has set up a commission to look into this whole question of a Bill of Rights. It will report in due course. As I have said, I am looking into how we can ensure that we can deport people who are a risk to our national security, and have a speedier and more secure process of doing so than we currently have.

--- Later in debate ---

[Mrs May]

It has been the clear view of this Government for some time that we need to bring about reform of the European Court in a number of areas. That work has been undertaken in recent months. As I said, the Brighton conference, under the chairmanship of my right hon. and learned Friend the Justice Secretary, will consider the action that can be taken to reform the European Court. As a Government, and in the Home Office, we will consider the systems we have in place to see whether we can learn anything from other countries to provide us with a swifter means of deporting those who are a threat to our national security.

[Mr Speaker]

Last but never forgotten, I call Mr David Evennett.

[Mr David Evennett (Bexleyheath and Crayford) (Con)]

I am very grateful to you for calling me, Mr Speaker. I congratulate my right hon. Friend on her statement and on the leadership she has shown on this issue, which is to be commended. Is she aware that my constituents believe that this case has gone on for far too long, that it needs a speedy resolution and that until we can get rid of this Abu Qatada, he should stay behind bars? My constituents are also looking for radical reform so that this cannot happen again.