Abu Qatada

John Bercow Excerpts

Thursday 19th April 2012 Commons Chamber

[Yvette Cooper]

On Tuesday, the Home Secretary told us that the deportation of Abu Qatada was under way; on Wednesday, it stopped. On Tuesday, she told us there would be no appeal to the Grand Chamber; on Wednesday, an appeal was under way. Yesterday, the Home Office said the appeal deadline was Monday night, but European Court officials said it was Tuesday night. So on the Tuesday night deadline, while Abu Qatada was appealing to European Court judges, the Home Secretary, who thought the deadline was Monday night, was partying with “X Factor” judges. [Interruption.] When the Home Secretary is accused of not knowing what day of the week it is, confusion and chaos have turned into farce. [Interruption.]

[Mr Speaker]

Order. The right hon. Lady has a right to be heard. Has she concluded her remarks, or does she wish to continue?

[Yvette Cooper]

indicated assent.

[Mr Speaker]

The right hon. Lady must be heard. There are strong feelings on this matter but opinions will be heard. If the exchanges are longer as a result, so be it, but Members must hear what one another has to say.

[Yvette Cooper]

This farce has serious consequences: additional delays, a greater risk that Abu Qatada will be put out on bail and a risk he will sue the Government. Did the Home Office get specific assurances from the European Court that the deadline was Monday night? If so, will it publish them? If not, why not? Why did it not pick up the phone to sort it out? The Home Office was told by journalists on Monday, nearly 24 hours before Abu Qatada was arrested, that European Court officials were saying that the deadline was Tuesday. Did it do anything about it?

I hope that the Home Secretary’s interpretation is right, but at best there is uncertainty, and several eminent lawyers now say that they agree with the European Court. So why take the risk? What was the harm in waiting until Wednesday? Why create a legal loophole for Abu Qatada’s lawyers to exploit? We all want Abu Qatada deported as soon as possible, under the rule of law, and kept off the streets in the meantime, but both those things are now less likely because of her actions. On Tuesday, I warned that there was a troubling level of confusion around this case, but even I did not imagine that the confusion was this great. When will she sort this out?

[Mrs May]

The shadow Home Secretary tells us that she wants Abu Qatada deported, but I am beginning to wonder whether she really does. [Interruption.]

[Mr Speaker]

Order. Let us lower the temperature. I said that the shadow Home Secretary must be heard, and precisely the same principle applies to the Home Secretary. Let us hear what she has to say. [Interruption.] Order. Then I will allow a full opportunity, if necessary, for questions to follow.

--- Later in debate ---

[Mrs May]

I thank my hon. Friend for his question, which I think is fairly similar to previous questions that he has asked me on this issue. Let me assure him that I take this issue extremely seriously and I am absolutely clear that we want to deport Abu Qatada. However, I also made it absolutely clear in the House earlier this week that the Government must operate within the rule of law, and that a number of legal avenues would be available to Abu Qatada. It is no surprise that he is using delaying tactics to try to delay his deportation from this country. It is right to say that we need to reform the European Court of Human Rights, and that is exactly the work that is being undertaken by my right hon. and learned Friends the Justice Secretary—I think I inadvertently referred to him earlier as the shadow Justice Secretary; I beg his pardon—and the Attorney-General.

[Mr Speaker]

Speaking from personal experience, repeat questions are not an entirely novel phenomenon in the House of Commons.

[Fiona Mactaggart (Slough) (Lab)]

I am beginning to think that the Home Secretary has form here. She has previously accused the European Court of Human Rights of rejecting a deportation because someone had a cat, and she is giving assurances today despite the cases of Otto and Praha, which make it quite clear that she has wrongly interpreted the deadline. My suspicion is that she is playing with this very serious case in order to whip up hostility to the European Court of Human Rights, which is an important protector of human rights in Britain.

--- Later in debate ---

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

Given some of the opportunistic nonsense that we have heard from Opposition Members, may I assure my right hon. Friend that she has the full support of Government Members? She will know—[Interruption.]

[Mr Speaker]

Order. I want to hear the hon. and learned Gentleman. As well as being the Member of Parliament for Sleaford and North Hykeham, he is a distinguished Queen’s counsel. Let us hear his views.

[Stephen Phillips]

My right hon. Friend will know that the European Court of Human Rights’ own practice direction on rule 39 indicates that rule 39 measures should be granted only in exceptional circumstances. Will she discuss with the Attorney-General whether it is now open to the Government to apply for removal of the rule 39 injunction, and indeed whether it is still in place, given the expiry of the time limit, which is so obvious to every Member on the Government Benches?

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. In view of the intense interest in this subject on both sides of the House, I have allowed the urgent question exchanges to run longer than is customary. I am happy to try to accommodate remaining colleagues, but I appeal now for extreme brevity.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

May I suggest that if the Home Secretary wants to avoid being asked the same question again and again, she might answer it at the first time of asking? She has repeatedly said she is clear that the deadline was 16 April. She has not said, however, whether she was made aware that there could be uncertainty about that in the European Court. Was she made aware of that?

--- Later in debate ---

[Mrs May]

The role of the Court is obviously in upholding the European convention on human rights. It is important that we seek to ensure that the cases that the Court is taking are indeed appropriate to be heard by that Court, and of course that is part of the work that my right hon. and learned Friends are undertaking.

[Mr Speaker]

I am grateful to the Home Secretary and to all 59 Members who were able to question her on this important matter.