HC Deb 04 May 2004 vol 420 cc1452-4W
Mr. Dismore

To ask the Parliamentary Secretary, Department for Constitutional Affairs if he will place in the Library the transcripts of the judgments of the Special Immigration Appeals Commission in cases relating to(a) detention under the Anti-terrorism, Crime and Security Act 2001 and (b) removal of nationality under the Nationality, Immigration and Asylum Act 2002; and if he will make a statement. [167993]

Mr. Lammy

A copy of the Special Immigration Appeals Commission's open judgments in cases relating to detention under the Anti-terrorism, Crime and Security Act 2001 will be placed in the House of Commons Library in the forthcoming weeks. The Commission have yet to hear a substantive Deprivation of Citizenship appeal under the Nationality, Immigration and Asylum Act 2002 provisions.

Mr. Dismore

To ask the Parliamentary Secretary, Department for Constitutional Affairs what the costs have been of(a) administration and (b) the salaries and expenses of members of the special Immigration Appeals Commission (i) to date and (ii) on average in relation to (A) appeals against removal of nationality and (B) consideration of cases of detainees under the Anti-terrorism Crime and Security Act 2001; and if he will make a statement. [168225]

Mr. Lammy

As the Special Immigration Appeals Commission is administered jointly with other jurisdictions, separate records in respect of operational costs of its administration, and the salaries and expenses of its members, are not collated. To provide this information would incur-disproportionate costs.

Mr. Dismore

To ask the Parliamentary Secretary, Department for Constitutional Affairs pursuant to his answer of 27 April 2004,Official Report, columns 896–97W, on Special Immigration Appeals Commission Hearings, if he will place in the Library transcripts from open sessions of the Commission (a) with sensitive appellants' details excised and (b) in cases where the appellant has either identified himself or agreed to his identity being revealed; and if he will make a statement. [170169]

Mr. Lammy

The transcripts from the sessions of the Special Immigration Appeals Commission (SIAC) are not divisible between the open and closed sessions and it would therefore be inappropriate to release them into the public domain due to the sensitivity of the material. The administrative processes of SIAC are reviewed on an ongoing basis and consideration is being given to the publication of material from the open sessions of SIAC.

Mr. Dismore

To ask the Parliamentary Secretary, Department for Constitutional Affairs how many appeals to the Special Immigration Appeals Commission against detention under anti-terrorism and removal of nationality legislation are outstanding; what dates have been set for each of those appeals; what the expected timetable is for each of those appeals(a) for open session hearings and (b) in total for each case; and if he will make a statement. [170170]

Mr. Lammy

There are currently four appeals outstanding before the Special Immigration Appeals Commission (SIAC); three of the appeals are against certification pursuant to Part 4 of the Anti-terrorism, Crime and Security Act 2001, with the remaining appeal brought against an order of the Secretary of the State for the Home Department pursuant to s40A of the British Nationality Act 1981. A provisional timetable for the serving of evidence by both parties in each of the outstanding appeals has been issued by SIAC. For the three appeals pursuant to Part 4 of the Anti-terrorism, Crime and Security Act 2001 the provisional timetables are as follows:

Timetable of Appeal for I, Issued 9 January 2004, Date for Submission Rule 38 hearing to commence 12 April 2004 Provisional substantive hearing date 8 June 2004

Timetable of Appeal for S, Issued 9 January 2004, Date for Submission Rule 38 hearing to commence 21 June 2004 Provisional substantive hearing date 12 July 2004

Timetable of Appeal for K, Issued 9 January 2004, Date for Submission Rule 38 hearing to commence 2 June 204 Provisional substantive hearing date 22 June 2004

The timetable for the outstanding appeal brought against an order of the Secretary of the State for the Home Department pursuant to s40A of the British Nationality Act 1981 is as follows:

Timetable of Appeal for Mostafa Kamel Mostafa aka Abu Hamza, Issued 26 April 2004, Date for Submission Amendments to the Appellant's Grounds of Appeal, whether by addition or deletion, to be notified to the respondent and the Commission 30 July 2004 Provisional substantive hearing date 10 January 2005

Agreement as to the mixture of open and closed sessions of the appeals will be decided on the first day of each relevant substantive appeal.

Mr. Dismore

To ask the Parliamentary Secretary, Department for Constitutional Affairs how many appeals have been heard by the Special Immigration Appeals Commission; and for how many(a) days and (b) hours in total the Commission has sat in open session in relation to appeals against detention under anti-terrorism legislation and removal of nationality. [170171]

Mr. Lammy

To date there has been a combined total of fifteen substantive appeals heard before the Special Immigration Appeals Commission (SIAC). Of the 15 substantive appeals, two were brought before SIAC pursuant to the Special Immigration Appeals Commission Act 1997, with the remainder brought before SIAC pursuant to the Anti-terrorism, Crime and Security Act 2001. Information relating to the amount of(a) days, and (b) hours SIAC has sat in open session is not available without incurring disproportionate costs.