This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-21489072

The article has changed 4 times. There is an RSS feed of changes available.

Version 0 Version 1
Theresa May criticises judges for 'ignoring' deportation law Theresa May criticises judges for 'ignoring' deportation law
(about 3 hours later)
Home Secretary Theresa May has accused judges of making the UK more dangerous by ignoring rules aimed at deporting more foreign criminals.Home Secretary Theresa May has accused judges of making the UK more dangerous by ignoring rules aimed at deporting more foreign criminals.
Last year, MPs approved new guidance for judges making clear a criminal's right to a family life had limits.Last year, MPs approved new guidance for judges making clear a criminal's right to a family life had limits.
But in the Mail on Sunday, Mrs May said she now wanted to introduce a law to require most foreigners guilty of serious crimes to be deported.But in the Mail on Sunday, Mrs May said she now wanted to introduce a law to require most foreigners guilty of serious crimes to be deported.
Some judges were choosing to "ignore parliament's wishes," she argued.Some judges were choosing to "ignore parliament's wishes," she argued.
Last year's guidance was designed to put an end to circumstances in which the right to a family life as set out in Article 8 of the European Convention on Human Rights. was used to justify granting foreign criminals the right to remain in the UK, rather than being deported.Last year's guidance was designed to put an end to circumstances in which the right to a family life as set out in Article 8 of the European Convention on Human Rights. was used to justify granting foreign criminals the right to remain in the UK, rather than being deported.
Last year, Conservative MP Charlie Elphicke obtained Home Office figures suggesting that 177 foreign criminals avoided deportation in the year 2011 to 2012 after convincing judges of their right to a family life in Britain.
At the time, Labour questioned whether the guidance would be sufficient to override the precedent set by earlier cases and said it would support primary legislation.At the time, Labour questioned whether the guidance would be sufficient to override the precedent set by earlier cases and said it would support primary legislation.
The home secretary, in her newspaper article, blamed judges who had "got it into their heads that the ECHR Article Eight 'right to family life' could not be curbed".The home secretary, in her newspaper article, blamed judges who had "got it into their heads that the ECHR Article Eight 'right to family life' could not be curbed".
"Unfortunately, some judges evidently do not regard a debate in Parliament on new immigration rules, followed by the unanimous adoption of those rules, as evidence that Parliament actually wants to see those new rules implemented," she wrote."Unfortunately, some judges evidently do not regard a debate in Parliament on new immigration rules, followed by the unanimous adoption of those rules, as evidence that Parliament actually wants to see those new rules implemented," she wrote.
She noted that one judge had justified his decision on the basis that the new guidance had been subject only to "a weak form of Parliamentary scrutiny".She noted that one judge had justified his decision on the basis that the new guidance had been subject only to "a weak form of Parliamentary scrutiny".
Mrs May went on: "It is essential to democracy that the elected representatives of the people make the laws that govern this country - and not the judges.Mrs May went on: "It is essential to democracy that the elected representatives of the people make the laws that govern this country - and not the judges.
"Yet some judges seem to believe that they can ignore Parliament's wishes if they think that the procedures for parliamentary scrutiny have been 'weak'. That appears actually to mean that they can ignore Parliament when they think it came to the wrong conclusion.""Yet some judges seem to believe that they can ignore Parliament's wishes if they think that the procedures for parliamentary scrutiny have been 'weak'. That appears actually to mean that they can ignore Parliament when they think it came to the wrong conclusion."
The home secretary said she was determined to bring forward a new law making it clear the deportation should be the norm in everything but "extraordinary circumstances".The home secretary said she was determined to bring forward a new law making it clear the deportation should be the norm in everything but "extraordinary circumstances".
However, she warned the delay in getting that onto the statute book would inevitably mean "more victims of violent crimes committed by foreigners in this country".However, she warned the delay in getting that onto the statute book would inevitably mean "more victims of violent crimes committed by foreigners in this country".
The home secretary stressed there was not a dispute about respect for human rights, which she said she agreed was "an essential part of any decent legal system".The home secretary stressed there was not a dispute about respect for human rights, which she said she agreed was "an essential part of any decent legal system".
"It is about how to balance rights against each other: in particular, the individual's right to family life, the right of the individual to be free from violent crime, and the right of society to protect itself against foreign criminals," she said."It is about how to balance rights against each other: in particular, the individual's right to family life, the right of the individual to be free from violent crime, and the right of society to protect itself against foreign criminals," she said.
Despite her criticisms of what she said was a minority among the judiciary, Mrs May insisted that she was "a great admirer of most of the judges in Britain".Despite her criticisms of what she said was a minority among the judiciary, Mrs May insisted that she was "a great admirer of most of the judges in Britain".
And she accepted the need for the power of government ministers to be "reviewed and restrained" by the judiciary.And she accepted the need for the power of government ministers to be "reviewed and restrained" by the judiciary.
However, she stressed that UK laws are "made by the elected representatives of the people in Parliament", adding: "Our democracy is subverted when judges decide to take on that role for themselves".However, she stressed that UK laws are "made by the elected representatives of the people in Parliament", adding: "Our democracy is subverted when judges decide to take on that role for themselves".