European judges have turned Britain into a ‘safe haven’ for foreign terrorists, the independent reviewer of anti-terror laws warned yesterday.
Lord Carlile said rulings by the European Court of Human Rights had undermined efforts to deport dangerous individuals intent on causing mayhem.
The Liberal Democrat peer and QC attacked the court for refusing to allow the risk of harm to British citizens to be weighed in deportation hearings. Instead, only the human rights of the suspected terrorist can be taken into account.
‘The effect [of the court’s rulings] is to make the UK a safe haven for some individuals whose determination is to damage the UK and its citizens – hardly a satisfactory situation save for the purist,’ he said.
His comments will heap further pressure on ministers over relations with the Strasbourg court.
Conservative MPs are already in open revolt over plans to give thousands of prisoners the right to vote following the court’s judgement that prisoners must have access to the ballot box.
Last night Dominic Raab, Tory MP for Esher and Walton, said European judges’ law making was ‘out of control’.
He added: ‘It is not the job of an international court to re-write British laws on deportation, parental discipline or prisoner voting. It is high time we drew a line in the sand.’
Britain has argued that the courts should be allowed to take into account the risks posed to its citizens.
But the unelected judges ruled, in the 1996 Chahal judgment, that the only factor of importance was the protection of the human rights of terror suspects.
The European convention has been incorporated into British law in the Human Rights Act. British courts have to apply rulings of the European court.
Lord Carlile’s comments make clear how Britain’s efforts to deport foreign terror suspects have been hamstrung by the court.
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