Untitled Document
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The home secretary, Charles
Clarke |
The government today substantially expanded its criteria for deporting
or excluding foreign nationals it believes pose a threat to the national interest.
The home secretary, Charles Clarke, outlined the new guidelines following a three-week
consultation period with faith groups - which saw the government drop one of its
more controversial definitions of unacceptable behaviour.
That was a clause specifying views "which the government considers to
be extreme and that conflict with the UK's culture of tolerance".
The list, which the Home Office says is "indicative rather than
exhaustive", will cover any foreign-born national "writing, producing,
publishing or distributing material, public speaking including preaching, running
a website; or using a position of responsibility such as teacher, community
or youth leader to express views which foment, justify or glorify terrorist
violence in furtherance of particular beliefs; seek to provoke others to terrorist
acts; foment other serious criminal activity or seek to provoke others to serious
criminal acts; or foster hatred which might lead to inter-community violence
in the UK."
Although the list does not give the home secretary more powers to deport extremists
than he currently enjoys, it specifies behaviours which will define the basis
of "not conducive to the public good."
A new wave of deportations - in addition to those already announced
and the refusal to readmit the cleric Omar Bakri Mohammed to the UK - are expected
to follow shortly.
Mr Clarke said: "As I said when the consultation started, we recognise
the sensitivities around the use of these powers and intend to use them in a
measured and targeted way. These powers are not intended to stifle free speech
or legitimate debate about religions or other issues. Britain is rightly proud
of its openness and diversity and we must not allow those driven by extremism
of any sort to destroy that tradition."
But he said he intended to move "very quickly" to begin the process
of deportations and exclusions.
"We have a number of names that we are considering at the moment. All
our foreign posts throughout the world are looking at their particular country,"
he said.
"Of course, we have got the names that are widely in the public domain
at the moment, people who the media are looking at who we will be considering
in due course now I have published the list."
A database of those deemed to have breached the behaviour code anywhere around
the world will be circulated to immigration officials at UK entry points, allowing
them to bar admission to the UK to those on the list.
Although the measures have been given a cautious welcome by both the Conservatives
and Liberal Democrats, human rights lawyers have expressed concerns about deporting
individuals to countries accused of human rights abuses.
The European convention on human rights - incorporated into UK law - forbids
such deportations, something the government hopes to circumvent by bilateral
"memorandums of understanding" with such states.
However, Manfred Nowak, the UN special rapporteur on torture, said such assurances
were "not an appropriate tool to eradicate this risk".
Gareth Crossman, the policy director of Liberty, today told the BBC that the
civil rights group shared concerns about the assurances. "Of course they
can give assurances, but what we would like to see is that those assurances
are corroborated by some independent international body, such as Amnesty International
or Human Rights Watch or indeed the UN, which has its own committee against
torture," he said.
A Home Office spokesman defended the policy, saying: "We believe a memorandum
of understanding is a good example of the sort of international cooperation
necessary to confront and defeat terrorism."
David Davis, the shadow home secretary, said the Tories had been calling for
the measures for a long time. He called on Mr Clarke to use them "robustly
and effectively".
The Lib Dems' home affairs spokesman, Mark Oaten, said: "We broadly welcome
the use of powers to deport people, as long as the individuals involved have
a right to appeal and the case for deportation is reasonable.
"It would have been unacceptable to deport people on the basis of a lack
of general commitment to UK values or to remove the right of appeal, both ideas
that were suggested by the prime minister."
The London mayor, Ken Livingstone, however, warned of the dangers of banning
controversial clerics, such as Dr Yusuf al-Qaradawi, who has defended Palestinian
suicide bombers, and whom he invited to the capital last year.
He told BBC Radio 4's Today programme that if the new measures were applied
against people like him, "there will be very few Muslim scholars or leaders
that will ever be admitted to Britain because the vast majority of Muslims identify
with the struggle of the Palestinian people".
The Islamic Human Rights Commission (IHRC) said it was "alarmed"
at the Home Office list.
It warned that the new grounds for deportation amounted to the "criminalisation
of thought, conscience and belief".
It said that the plan was based on the "fallacy" that foreign preachers
who could not speak English were responsible for radicalising British youths
who spoke only English.
The IHRC chairman, Massoud Shadjareh, said: "The fact that Mr Clarke's
final list is almost identical to his initial proposals, despite numerous objections
from interested parties, makes a total mockery of the consultation process."