It follows the decision taken Thursday by the court of appeal according to which Begum could obtain a “fair and effective remedy” against the revocation of its nationality only if it returned to the United Kingdom from the refugee camp of the north of Syria where she lives.
In their judicial review, they ruled that all the risks to national security posed by Begum, who had left the United Kingdom to join Isil in Syria at the age of 15, could be “treated and managed”.
However, Richard Walton, a former anti-terrorist chief of Scotland Yard, accused the judges of the Court of Appeal of usurping the statutory duty of the Minister of the Interior enacted by Parliament when ruling on a question of national security.
“It is quite alarming to see the Court of Appeal take over the responsibility of the Home Minister to decide who should enter the UK,” said Walton, who heard the Met Police’s counterterrorism command. (SO15) between 2011 and 2016.
“It is a practical question of whether it should be present which has undermined a statutory power of Parliament which has been promulgated to allow the Minister of the Interior to protect the public. The court does not have the right to make this decision. ”
Mike Penning, a former Minister of Justice and Police, said, “Judges don’t make the law, Parliament makes the law on behalf of the people and they enforce it. Whether they like it or not, that is how our system works. He leaned for judges to interpret what Parliament said.
“With Begum, it’s not just that she could come back. It will be an open door. Each human rights lawyer will seek to use this interpretation to support their request. ”
Boris Johnson promised a reshuffle of judicial control in the Conservative election manifesto, saying it was used by the courts to “conduct politics by another means.”
Buckland said the goal was to “protect” judges from entering “a political arena” when it was up to politicians to make those decisions.
It followed clashes with the courts, including declaring the Prime Minister’s suspension of Parliament “unlawful” and granting MPs a veto over Article 50, the UK’s withdrawal mechanism from the law. ‘EU.
Dominic Cummings, chief adviser to the Prime Minister, is said to be particularly trained in the role of judges and the courts.
A government source said: “It’s about not placing judges in positions where they make decisions that should be made by Parliament.
The review will examine whether a fair balance is struck between the rights of citizens to challenge executive decisions and the need for effective and efficient government. ”
Government also urged to close loophole so people who provide “moral support” to jihadists can be prosecuted under anti-terrorism laws Jonathan Hall, QC, the government’s independent terrorism investigator, told the BBC ” loophole ‘in the law, which means that it tends to focus on activities undertaken by men.
“It does not focus enough on the roles of strengthening the national state, preparing meals for people on the verge of fighting. It is not about people who just provide moral support, ”he said.
The Interior Ministry said it would appeal the “very disappointing” decision regarding Begum’s return and would request a suspension of his return until the appeal was completed. It is not clear how she will return to the UK, or whether she will be arrested immediately upon arrival.
The security services anticipate that they will have to divert resources to put her under surveillance if she returns. Some 150 terror suspects deprived of their nationality are feared and their lawyers will study the judgment to see if they could make similar calls.