Offenders: Deportation

Andrew Mackinlay
To ask the Secretary of State for Northern Ireland with reference to the answer of 4 November 2009, Official Report, column 1039W, on devolution (1) whether primary legislation would be required to provide for a reserve power to block the repatriation of foreign national prisoners from Northern Ireland following the devolution of criminal justice and policing; and if he will make a statement;

(2) what circumstances would constitute grounds of national security for the purpose of exercising a reserve power to block the repatriation of foreign national prisoners from Northern Ireland following the devolution of criminal justice and policing; and if he will make a statement.

Paul Goggins
While the repatriation of foreign prisoners will become the responsibility of the Northern Ireland Minister for Justice after the devolution of criminal justice and policing, decisions on the grounds of national security will, however, remain excepted.

New primary legislation would not be required. The grounds of national security would be interpreted consistently with case law.