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ECJ rules against Britain

01 November 1995

In a judgment delivered on 30 November, the European Court of Justice ruled that the way the British Home Secretary exercises exclusion order powers under the Prevention of Terrorism Act contravenes the 1964 EEC Directive on freedom of movement. Article 9(1) of this directive covers special measures concerning the movement and residence of foreign nationals. The Court ruled that Article 9(1) means that an administrative authority, in this case the British Home Secretary, must not expel someone before a "competent authority" has given its opinion. The Court's judgment was over the exclusion of John Gallagher, an Irish national, from Britain in September 1991. The Home Secretary was satisfied that Gallagher was "concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland". After his forcible removal to Dublin, Gallagher made written representations to the British Home Secretary. He was interviewed about these at the British Embassy in Dublin in December 1991. The person conducting the interview refused to say who he was and failed to provide any substantive information about the grounds for exclusion. The ruling says that it is wrong for the Home Secretary to exclude people before consulting a "competent authority". But the Home Secretary may appoint such an authority "provided that the competent authority can perform its duties in absolute independence and is not subject to any control by the authority empowered to take the measures provided for in the directive". Case C-175/94, Court of Justice of the European Communities, Judgment of the Court (Sixth Chamber), 30.11.95.