I have indeed taken a strong line on trafficking, but the exclusion of certain other articles of the convention in the new clause is one of the aspects that makes it incompatible with that convention and raises the issue of how it would operate. I have already indicated that I think the new clause is incompatible with the European convention, and I am raising some of the other practical issues that I think would be its impact. I think we will find it harder to deport people because of some aspects of the new clause, and that more cases will go to the European Court as that would become the first decision maker in a number of cases. There would be considerable litigation in the domestic courts if we found ourselves seeking to remove someone contrary to a rule 39 indication. Those are practical issues about whether we can deport individuals.
I recognise the concern of my hon. Friend the Member for Esher and Walton, and others, about our ability to deport foreign criminals, and in relation to the European convention on human rights. I have said on many occasions that it is necessary for the Government to determine and sort out our relationship with the European Court of Human Rights and the European convention on human rights, and as far as I am concerned, nothing should be off the table in doing that. Today we are considering a Bill that will deal with the deportation of foreign criminals.