§ Mr. Winnick
To ask the Secretary of State for the Home Department what decision he has made regarding allowing Fiore, an Italian citizen, to remain in the United Kingdom; and if he will make a statement.
§ Mr. Renton
[holding answer 17 May 1989]: In 1981 the Italian Government requested the extradition of Mr. Fiore for a number of offences, but the request failed in the courts because a prime facie case could not be established. No further request has been received from the Italian Government for his extradition. When the extradition provisions of the Criminal Justice Act 1988 are brought into force later this year the United Kingdom will be able to ratify the European convention on extradition, which does not impose a prime facie requirement.
Consideration has also been given to Mr. Fiore's deportation under section 3(5)(b) of the Immigration Act 1971. Under Community law, a Community national working here can be deported on grounds of public policy, public security or public health. In accordance with case law established by the European Court, however, it would be necessary to have evidence of personal conduct constituting a present threat to the requirements of public policy. Mr. Fiore has been interviewed by officers of the immigration department of the Home Office, but the evidence available does not meet the strict criteria for deportation required under European law.