HL Deb 20 January 2004 vol 657 c130WA
Lord Hylton

asked Her Majesty's Government:

Whether they have considered prosecuting Mr Abu Qatada and the other detainees under the Terrorism Acts for incitement to violence, conspiracy to commit crime or other offences; if not, why not; and if so, what were the reasons for not prosecuting. [HL554]

Baroness Scotland of Asthal

Those detained under Anti-terrorism, Crime and Security Act 2001 (ATCS) Part 4 powers are foreign nationals whom we would normally deport but are unable to do so.

As my right honourable friend the Home Secretary has made clear, our preference is always to prosecute where sufficient admissible evidence exists. This is a matter for the Crown Prosecution Service (CPS) and such decisions are independent of Ministers.

Individual cases are kept under review and if further evidence comes to light prosecuting will be reconsidered by the CPS.