Home Secretary Theresa May is facing demands for an urgent statement to Parliament amid the "confusion" over the Government's latest bid to deport the terrorist suspect Abu Qatada. Lawyers for the radical cleric have lodged an appeal with Europe's human rights judges following his rearrest on Tuesday, effectively putting moves to return him to stand trial in his native Jordan on hold. Last night the government insisted it had calculated the deadline date correctly and said its lawyers had written to the ECHR arguing the appeal should not be heard. A Home Office spokesman said: "A letter was sent yesterday arguing the case should not be referred to the Grand Chamber of the court because the deadline of appeal had elapsed." Officials in Strasbourg are yet to respond. Mrs May dismissed the appeal as a "delaying tactic" - insisting the deadline passed on Monday - three months after the European Court of Human Rights (ECHR) ruled he could be returned. However, after the court refused to confirm that the Home Office had calculated the deadline correctly, shadow home secretary Yvette Cooper said she must return to the Commons to explain what had happened. "We need urgent clarification from the Home Secretary on whether she got the timing wrong," Ms Cooper said. "The Home Office are saying one thing, the European Court another. Why didn't they just agree the deadline in advance so there could be no opportunity for Abu Qatada or his lawyers to exploit? "Everyone wants Abu Qatada deported and held in custody in the meantime, in line with the security assessment agreed by the Government and courts. But we don't want to see that jeopardised by confusion at the Home Office." "The Home Office are saying one thing, the European court another. Why didn't they just agree the deadline in advance so there could be no opportunity for Abu Qatada or his lawyers to exploit? "We said to Theresa May yesterday that there seemed to be a troubling level of confusion over this process, and so it has proved." Cooper told The Guardian. Meanwhile the row over Qatada's deportation was described as "chaotic and almost farcical" by Keith Vaz, the chairman of the Commons home affairs select committee. A miscalculation of the deadline would be a massive embarrassment for Mrs May and could again set back the authorities' long-running battle to put Qatada on a plane out of the country. However In a round of media interviews on Wednesday, Mrs May was adamant that the time for an appeal ran out at midnight on Monday. "This is a delaying tactic from Abu Qatada," she said. "As you would expect, we have been in touch with the European court over the last three months to check our understanding. They were absolutely clear that we were operating on the basis that it was midnight on April 16." A spokeswoman for the Strasbourg-based court said Qatada's appeal was lodged at 11pm local time (10pm BST) on Tuesday, but added: "We cannot comment on the view taken by the UK authorities about when the deadline expired." She added: "The fact that we have received a referral request means that the chamber judgment is not final and that the Rule 39 injunction against removal remains in force. "A panel of the court will decide whether to accept or reject the appeal soon." Prime Minister David Cameron has expressed his determination that Qatada would eventually be deported, no matter how long it took. "I am absolutely clear, the entire government is clear, and frankly I think the country is clear, that this man has no right to be in our country. "He is a threat to our security, he has absolutely no further call on our hospitality and he should be deported. "That is what we are determined to achieve, no matter how difficult it is, no matter how long it may take," The latest appeal is separate from any others that Qatada's legal team may make over the decision by Mrs May to continue with his deportation after receiving assurances from Jordan that evidence gained through torture would not be used against him. Instead it relates to a different strand of the original decision of the Strasbourg-based court which found that the 51-year-old could be sent back to Jordan with diplomatic assurances that he would not be tortured. He is currently behind bars after a senior immigration judge ruled his imminent deportation meant the risk he could try to flee while on bail had increased. But his lawyers have said they will challenge all moves to deport him and Mrs May has warned MPs that it may still be "many months" before Qatada can be lawfully kicked out. Qatada, who is said to have "wide and high-level support" among extremists, was convicted in his absence in Jordan of involvement with terror attacks in 1998 and now faces a retrial in his home country. He also featured in hate sermons found on videos in the flat of one of the September 11 bombers. Since 2001, when fears of the domestic terror threat rose in the aftermath of the attacks, he has challenged, and ultimately thwarted, every attempt by the Government to detain and deport him.
It looks like the government have cocked the dates up regarding his rights of appeal to the European Court of Human Rights, and by the letter of the law he is entitled to his appeal. However, it also brings into question of the waning powers of elected national governments in relation to the non-elected European Courts of appeal, which in my opinion needs to be clarified.
I'm sure someone from the government's legal department is going to get slaughtered for this oversight!
I liked one headline in the papers "Does May know what day it is?" On Sky News press preview last night (11:30 - 12 midnight) they were saying some Home Office lawyer had forgotten this was a leap year and that was where the error had come from. He or she will be the fall guy but the Home Secretary is accountable. This whole thing is yet another farce from an incompetent government.
Well she has gone from we know the dates are correct to even if we are wrong we will win, squirm, squirm, squirm
Lol Alan Johnson 'The louder the noise from the benches behind the deeper in the mire this government is!" or something like that. Yes, a lot of squirming going on here.
I can't see why we're bitching here really. The ECHR is only doing its job. The law applies equally to everyone, even scumbags like Qatada and it is not for anyone to determine whether or not he "deserves" equitable treatment as you either apply the law or you don't. I happen to think this government is a shambles (even if it is better than the last lot of idiots), but May is right to deal with this properly, as she has so far. It's the human rights law that needs changing, not the procedural aspects of it. The problem is that human "rights" are not balanced by human responsibilities.
I think you have totally missed the point mate, nothing at all to do with human rights all to do with not understanding what they are doing. He had three months to appeal and its all about when that 3 months ran out, May says Monday evening, many others say Tuesday evening and if doubt why did they not wait until Tuesday, just to be on the safe side.
They should shave the fat lazy ****s beard off & put him on a flight to Damascus. We should do what Israel does & just stick two fingers up to anyone who don't like it
Cant see you getting many arguments there, sad thing is I think we have lots of good politicians who do a good job for their electorate. Its just these never get to the top and all are tarred with the same brush. Moats and ducks dont help
With you all the way on this one mate and, while we are there we should get shot of all the other twats who are just taking the piss out of this country.
CORRECT,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Get em all out. Just sick. my mates lost lives, and these ****s abuse our system. Just **** them off,,,,,,,,,,,,,,NOW.
The lawyers will be laughing all the way to the bank. Anyone know if he's on legal aid ? Just so we can pick up the bill.
