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The Home Secretary will insist that judges should respect proposed deals that will allow the Government to remove people to countries with poor human rights records. Mr Clarke will say that the planned government-to-government memorandums of understanding being negotiated with Algeria, Lebanon and eight other North African and Middle Eastern states should be accepted by the courts.
The Home Secretary will say that British officials are making good progress in securing the memorandums. Only a deal with Jordan has been signed.
Mr Clarke will say: “The key legal question will be the extent to which both the memoranda of understanding and the particular assurances given in relation to individuals are respected by the British courts as being genuine.”
In a clear warning to the judiciary, he will add: “I believe they should be . . . It cannot be right that government-to-government agreements are not respected.”
The Home Secretary will call for a review of the European Convention on Human Rights, which has been interpreted by judges in Britain — although not in other parts of the European Union — as preventing terrorist suspects from being deported to countries where they may face persecution. He will say that a review of the convention is central to the EU’s response to the July 7 suicide bomb attacks in London.
Mr Clarke will urge British and international courts to re-examine a key ruling, the 1996 Chahal case in the European Court of Human Rights, which has been used by suspected terrorists to resist removal from Britain. He will add that he is not calling for the European convention to be rewritten: “I’m saying that we now live in a climate where it is necessary to examine with great carefulness how jurisprudence has evolved and how judgments have been made.”
His speech to the European Parliament today will be followed by a two-day meeting of EU justice and home affairs ministers in Newcastle upon Tyne. He will say there that EU states must agree common standards on using technology, such as biometric data.
Mr Clarke has already asked some of his foreign counterparts to agree new rules on how long telecommunications companies should be required to store details of telephone calls and e-mails. But he has admitted the need for flexibility for a deal to be struck before the end of Britain’s EU presidency in December.
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