Abu Qatada Deadline Was Checked 'Repeatedly', David Cameron Insists

PA/The Huffington Post UK  |  Posted: 23/04/2012 11:49 Updated: 23/04/2012 11:49

The Home Office "checked repeatedly" with Europe's human rights court about when the deadline for any appeal over terror suspect Abu Qatada's deportation could be made, David Cameron said today.

The Prime Minister denied making a "complete mess" of getting Qatada out of the country, saying the Home Office was "very clear" about the date, had checked with the court and considered the precedents.

Home Secretary Theresa May has insisted that the appeal by the radical cleric's lawyers should be thrown out because it missed a three-month deadline, but advice from the research department of the Council of Europe - which is responsible for the court - suggests otherwise.

The confusion could lead to Qatada being back on British streets in just two or three weeks.

Justice Mitting, president of the Special Immigration Appeals Commission (Siac), returned Qatada to jail after his arrest last week.

But he warned: "If it is obvious after two or three weeks have elapsed that deportation is not imminent... then I will reconsider bail along the basis of a more leisurely timetable than that necessarily required for a full-blown appeal to Siac."

Cameron told BBC Radio 4's Today programme: "The Home Office was very clear that it had the right date for the deadline expiring on the Monday evening (April 16).

"It had checked repeatedly throughout that process, it was working on that basis and all the case law pointed in that direction, so it was very clear and Theresa May has been very clear about this."

He added: "The Home Office was working on the basis of the deadline being the Monday night and that is something that they had checked with the court.

"The Home Office was clear about the date, the precedents were checked, and so they acted in my view entirely correctly.

"The Home Office had checked the precedents, was working on the assumption the date was the Monday night. They acted entirely correctly. They wanted to move swiftly to remove Abu Qatada and I think that was the right thing to do."

The highly-trumpeted re-arrest of Qatada last Tuesday ended in farce with a dispute between the Home Office and the European Court of Human Rights (ECHR) over exactly when a month-long window for an appeal had closed.

Cameron denied the Government made a "complete mess" of trying to get Qatada, who has been fighting deportation for 10 years, out of the country.

"They were told throughout that the deadline expired on the Monday night," he said.

A panel of judges at the Strasbourg-based court will now decide whether the appeal, made at 11pm local time (10pm BST) last Tuesday, was in time or not.

If the deadline had expired, the judges have no discretion to allow the appeal to be considered by the court's Grand Chamber.

Qatada, 51, has also been receiving public money to fund his appeals to Siac, the Legal Services Commission (LSC), which runs the legal aid scheme in England and Wales, confirmed.

Last Thursday, Labour MP Ian Davidson asked the Home Secretary if the Government was "funding this man's interminable appeals by providing unlimited legal aid?"

May replied: "No, we have been very clear about the issue of the availability of finance for Abu Qatada, and I assure the honourable gentleman that some of the claims being made about the finances that are being made available to Abu Qatada are not correct."

Today, Davidson told The Sun: "It would appear that what the Home Secretary said was at the very least misleading.
"It seems crazy that we have one arm of government trying to boot this man out of the country, but another arm of government paying for his legal battle to stay here."

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The Home Office "checked repeatedly" with Europe's human rights court about when the deadline for any appeal over terror suspect Abu Qatada's deportation could be made, David Cameron said today. Th...
The Home Office "checked repeatedly" with Europe's human rights court about when the deadline for any appeal over terror suspect Abu Qatada's deportation could be made, David Cameron said today. Th...
 
 
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HUFFPOST SUPER USER
HellBank
Curve: The loveliest distance between two points.
01:13 AM on 04/24/2012
I wouldn't wanna watch this guy eat a bowl of clam chowder.
09:31 PM on 04/23/2012
It seems that not even an expensive private education prepares our politicians for a situation where a little basic arithmetic is needed rather than a loud sound-byte.
10:45 PM on 04/23/2012
Fair Dues - the European Court counts legal deadlines differently than a UK Court - three months from 17th January would be midnight 16th April if counted on the UK basis - in Europe it would be midnight on the 17th April.

If the Home Office has specific proof of the deadline date the European Court set and they have acted on that information then they have no problem as the European Court will have to uphold their own legal advice but if some UK lawyer has ASSUMED the deadline then it may be they are one day out - Mrs May is not a lawyer - she is advised on expert legal counsel's advice - if it is wrong it is hardly her fault nonetheless she will get the blame .

The first thing they teach you as a law student is to check, double check and check again legal deadlines - if some lawyer hasn't he wants crucifying - certainly his legal career is rightly down the toilet .
03:56 PM on 04/24/2012
ronnieince, I accept your perfectly valid points and I'm not one of the wolves trying to tear Mrs May limb from limb. However, any politician is always ill-advised if he or she tries to cash in on a situation like this. The truth is: this could have happened to anyone. It shows the need to act after deliberation..
08:48 PM on 04/23/2012
May to go on remedial maths course run be Gove. The stupid being lead by the braindead.
08:06 PM on 04/23/2012
Well if i cocked up like that my P45 would be in my hand next day so can only assume the person or persons responsible is on holiday and there's is waiting on the doormat when they come home. Anyway just deport him end of.
03:59 PM on 04/23/2012
We must be the only country who puts up with this Brussels Human Rights Cr*p. Just put him on the first plane out Cameron - and send May with him.

Why on earth are we still toe toeing to Brussels - cut the cr*p and get us out.
03:07 PM on 04/23/2012
why should we care if this creacher get sent back to jordan if thats where he commited unthinkable acts of terrerism

if they torcher him or not, he should have thought of that before commiting the crimes in that country
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hearthammer
If left is right and right is wrong, decide!
02:08 PM on 04/23/2012
And still they got it wrong!