I do not begin to understand what the hon. Gentleman meant in that intervention, so I cannot respond to it.
My hon. Friends and I have tabled two amendments in this group. Amendment No. 92 is a paving amendment; amendment No. 93 is the substantive amendment. We have attempted to put in some of the safeguards that my noble Friend Lord Carlile of Berriew suggested. Amendment No. 93 raises the decision–making authority from a district judge to a High Court judge, which will inevitably be conceded by the Government. It would be helpful if they did so now.
The amendment suggests three scenarios for an extension of detention—delays due to forensic analysis, one of the possible problems that was identified earlier; delays due to encryption, which, as I said, I find difficult to understand, but I am prepared to accept that that may be an issue, which can be pursued; and delays due to the need to gather international data or mobile phone records, which I accept may take a certain amount of time when authorities abroad are involved.
The amendment lays down the condition that the judge must satisfy himself that no other charge is possible. That comes back to the potential for prosecution under section 53 of RIPA. It also takes account of the other terrorist offences covered by the Bill. There is a further requirement for the judge to vet police lines of questioning, which relates to the issue raised by the hon. Member for Beaconsfield about the Police and Criminal Evidence Act 1984 protocols, which will need to be revised. I hope we will get a clear indication of how they will be revised if the proposal is accepted.
Terrorism Bill
Proceeding contribution from
David Heath
(Liberal Democrat)
in the House of Commons on Wednesday, 2 November 2005.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Terrorism Bill.
Type
Proceeding contribution
Reference
438 c916 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
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2024-09-24 15:59:31 +0100
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