Terrorism Bill

As the Home Secretary knows from discussions that we have had on this matter, the question of the Human Rights Act 1998 has been raised by my right hon. and learned Friend the Member for Rushcliffe (Mr. Clarke), by the hon. Member for Somerton and Frome (Mr. Heath) and by Lord Carlile. My new clause 3 would disapply the Act for this purpose. Let us consider the possibility of our getting a 90-day limit—the Home Secretary knows that I have considerable sympathy with the proposals relating to the upper limits—but of the matter then being referred to the courts. I think that the Home Secretary is being a little optimistic, given that Lord Carlile’s report—which the hon. Member for Somerton and Frome did not mention—specifically states:"““I question whether what is proposed in the Bill would be proof to challenge under the Human Rights Act””." I am sure that the Home Secretary realises that there would be a serious problem involving huge delays if there were to be such a challenge in the courts and, irrespective of what he says about the Attorney-General’s view, the provisions were to be struck down. We would lose a vast amount of time and place the public at serious risk if there were a successful challenge.