August 24, 2005: Behaviours Leading to Exclusion and Deportation

Home Secretary Charles Clarke has published a list of behaviours that will form the basis for excluding and deporting individuals from the UK. The Home Secretary will use his powers to deport and exclude  those who engage in these types of behaviour. 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 UK remains 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... 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. Britain is 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.

Following the consultation, the Home Secretary has modified the list to ensure that it more accurately focuses on the activities the government seek 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.

The list published today does not give the Home Secretary new 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 UK on 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.

There is no statutory right of appeal where the Home Secretary applies 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 UK on the basis that the Home Secretary has 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.