Terrorism Bill

Lord Carlile did say that, and I will come to other things that my noble Friend has said, because so far in this debate his name has been taken in vain. What is proposed is a judicial innovation, but there are others that we would like in order effectively to combat the threat of terrorism. The measure cannot be considered in a vacuum and to say that it is the one thing that is needed in order to allow the police to do their work ignores all the legislation over recent years that successive Home Secretaries have brought before the House to be voted through and enacted. Indeed, that claim ignores various other measures in the Bill. Let us deal with the critique of the proposals and for a moment assume that the 90-day period has been made law. Lord Carlile said:"““I question whether what is proposed in the Bill would be proof to challenge under the Human Rights Act given the length of extended detention envisaged.””" That is not the ringing endorsement of the proposal that some Labour Members have suggested. Lord Carlile went on to set out clearly his preferred alternatives in order to provide the safety locks for the 90-day detention period:"““Detention for longer periods, certainly over a month, and beyond the slightest doubt three months, requires a reassuringly strong system of protection for the detained person.””" He listed some of the things that he would want:"““Where detention beyond 14 days is to be applied for, the introduction of one of a small group of security-cleared, designated senior circuit judges as examining judge””—" would be required. That point was referred to earlier. He continued:"““That judge to be provided with a full and continuing account of all matters involved in the investigation in question.""The introduction of a security-cleared special advocate, also fully briefed as to the investigation, to make representations on the interests of the detained persons and to advise the judge.""The judge to have the power to require specific investigations to be pursued if reasonably necessary for the proper exercise of his/her jurisdiction.""Suitable opportunity for written and oral defence representations against extended detention, with oral hearings at the discretion of the judge.""Weekly decisions with reasons if extended detention granted.""The keeping of a written record (if necessary protected from disclosure for the purposes of any subsequent trial) of the judge’s activities in a case.""Appeal with permission to the High Court.””"