The prime minister unveiled a package of new measures designed to stamp out home-grown terrorism last week.

They include powers to deport those inciting terrorism, closing down places of worship, a new offence of “glorifying terrorism” and stripping citizenship from extremists.

However, lawyers said yesterday the government would be unable to escape its obligations under the British Human Rights Act and the European human rights convention. Human rights law bars Britain from deporting people to countries where they may be tortured. It also protects the right to free speech.

Alex Bailin, a barrister specialising in human rights law at Matrix Chambers, which has represented suspected foreign terrorists, said: “It is not possible to derogate from it (the Human Rights Act), even in a public emergency threatening the life of the nation.

“The only legal option, theoretically, would be for the UK to deratify the convention. That would involve us legally withdrawing from Europe as respect for the convention is a condition of membership of the council of Europe.”

Louise Christian, another lawyer, said the proposals were “utter nonsense” as Britain could not deport people already granted asylum or citizenship.

“The bottom line is that British courts will not agree to send someone who is a long-term resident to a country likely to torture them,” she said. “The European Court of Human Rights would overrule any such move.”

When announcing the proposals, Blair said the new rules were workable because France and Spain had managed to deport extremist clerics. However, lawyers said these people had been turned away before they had a chance to settle in those countries, unlike Britain where they already reside.

Yesterday, legal figures in the House of Lords indicated the proposals were unlikely to be passed by the upper house.

Lord Goodhart QC, said: “My first reaction is that you’ve got to look very carefully at this. You have got to tighten the wording. In parts it has gone too far, I think.”

Lord Donaldson, the former master of the rolls and lord justice of appeal, said “The House of Lords are the only protection against any government that feels that what it wants to do is right,” he said, “but it doesn’t necessarily follow that it is.”

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