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Statewatch News Online: UK: Home Office press release on "unacceptable behaviours" regarding terrorism

28 March 2012

TACKLING TERRORISM-BEHAVIOURS UNACCEPTABLE IN THE UK
Reference: 124/2005 - Date: 24 Aug 2005 10:22

The Government’s ongoing work to tackle terrorism and extremism took another step forward today as the Home Secretary, Charles Clarke, published a list of certain types of behaviours that will form the basis for excluding and deporting individuals from the UK.

The list, finalised following a two-week consultation, makes clear that the Home Secretarywill use his powers to deport and exclude from the UKthose who engage in these types of behaviour. It makes clear that those who would attempt to foment terrorism or provoke others to commit terrorist acts are not welcome in the UK.

The list of unacceptable behaviours is indicative rather than exhaustive. It covers any non-UK citizen whether in the UKor abroad who uses any means or medium, including:

· writing, producing, publishing or distributing material;

· public speaking including preaching;

· running a website; or

· using a position of responsibility such as teacher, community or youth leader

to express views which:

· foment, justify or glorify terrorist violence in furtherance of particular beliefs;

· seek to provoke others to terrorist acts;

· foment other serious criminal activity or seek to provoke others to serious criminal acts; or

· foster hatred which might lead to inter-community violence in the UK.

Mr Clarke said:

“The terrorist threat facing the UKremains real and significant and it is right that the Government and law enforcement agencies do everything possible to counter it. That includes tackling those who seek to foster hatred or promote terrorism, sending a strong message that they are not welcome in the UK.

“Individuals who seek to create fear, distrust and division in order to stir up terrorist activity will not be tolerated by the Government or by our communities. By publishing the list today I make it absolutely clear that these are unacceptable behaviours, and will be the grounds for deporting and excluding such individuals from the UK.

“The Home Office has received many contributions to this consultation, both from individuals and organisations. We have also taken the views of leaders and members of faith communities - Hazel Blears met with a cross-section of those leaders and has visited a number of communities across the country. We are grateful for their positive engagement.

“As I said when the consultation started, we recognise the sensitivities around the use of these powers and intend to use them in a measured and targeted way. These powers are not intended to stifle free speech or legitimate debate about religions or other issues. Britainis rightly proud of its openness and diversity and we must not allow those driven by extremism of any sort to destroy that tradition.”

A database of individuals around the world who have demonstrated these unacceptable behaviours will be developed and will be available to entry clearance and immigration officers.

Notes to editors

1. The Home Secretaryannounced a consultation on the list of unacceptable behaviours in his statement to Parliament on 20 July 2005. The consultation was launched on 5 August 2005(Home Office press notice 118-05). The consultation document is available at: www.homeoffice.gov.uk/inside/consults/current/index.html

2. Following the consultation, the Home Secretaryhas modified the list to ensure that it more accurately focuses on the activities we are seeking to address. He has also removed ‘the expression of views that the Government considers to be extreme and that conflict with the UK’s culture of tolerance’ from the list of behaviours. He has decided that the other behaviours listed are sufficient to meet the Government’s aims.

3. The list published today does not give the Home Secretarynew powers. It simply sets out some of the types of behaviour that are unacceptable and will normally be grounds on which he will exclude or deport extremists from the UKon the basis that they are not conducive to the public good. The list is not exhaustive, but sets out specific behaviours which, if a person engages in them, can lead them to be excluded.

4. The criteria used to exclude or deport individuals on the basis that they are not conducive to the public good are implemented through policy, and the Home Secretarymay vary that criteria whenever necessary. On this basis the list will be updated to reflect future changes in legislation as they are agreed. The Home Secretarymust and will act consistently, proportionately and reasonably in applying the powers.

5. There is no statutory right of appeal where the Home Secretaryapplies these powers personally to exclude people before they come to the UK, although individuals can seek a judicial review of his decision. There is a right of appeal where immigration or entry clearance officers refuse entry to the UKon the basis that the Home Secretaryhas excluded a person. There is also a right of appeal where the Home Secretary, or other Home Office ministers or officials, decide to deport an individual who is already in the UK.

Published: 24 Aug 2005

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