August 5

August 5, 2005: Broader Powers to Tackle Extremism

Behaviour that provokes terrorism will not be tolerated in the UK, Home Secretary Charles Clarke said today as he opened an urgent consultation on broadening exclusion and deportation powers. The Government is seeking views over the next two weeks, including those from key faith communities, on a proposed list of unacceptable behaviours. The Home Secretary will use the list when deciding whether to exclude or deport non-UK citizens on the grounds that their presence in the country is not conducive to the public good. He said

“In the circumstances that we now face, while treading carefully in areas that relate to free speech, it is right to broaden the use of exclusion and deportation powers to deal with those who foment terrorism, or seek to provoke others to commit terrorist acts. I believe that these powers need to be applied more widely and systematically both to people before they come to the UK and when they are here.

“A full database of individuals around the world who have demonstrated the relevant behaviours will be developed, and will be available to entry clearance and immigration officers through the current warnings index.

“It is important that we come together to send a clear signal to people who seek to create division or promote terrorism that their activities will not be tolerated by our communities or by the Government.”

The Home Secretary announced on 20 July, 2005 that he would broaden his existing powers to exclude or deport those who present an indirect threat to national security, public order or the rule of law in the UK or to the UK’s good relations with a third country. Consultation on implementing this decision was also announced.

The list of unacceptable behaviours covers any non-UK citizen whether in the UK or abroad who uses any means or medium including writing, producing, publishing or distributing material; public speaking including preaching; running a website; using a position of responsibility such as teacher, community or youth leader to express views which the Government considers:

Foment terrorism or seek to provoke others to terrorist acts;

Justify or glorify terrorism;

Foment other serious criminal activity or seek to provoke others to serious criminal acts;

Foster hatred which may lead to intra community violence in the UK;

Advocate violence in furtherance of particular beliefs;

and those who express what the Government considers to be extreme views that are in conflict with the UK’s culture of tolerance.

The criteria would apply both to those who were not yet in the UK and to those who have temporary or indefinite leave to remain in the UK.

Where the Home Secretary is personally applying these powers to exclude people before they come to the UK personally, there is no statutory right of appeal although his decision can be challenged through judicial review. Where Immigration or Entry Clearance Officers are applying these powers of exclusion, or where the Home Secretary or other Home Office Ministers or officials are applying these powers to deport those already here, there is a right of appeal.

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