I appreciate the hon. Gentleman’s general support for our proposals. However, I would not advise the House to accept his new clause, because it would not be correct for us to suspend the operation of the European convention on human rights in this context. He has asked a series of hypothetical questions about what might happen if cases were taken to the European Court. Of course, everyone will have a different opinion on that, and he is right to cite what Lord Carlile has said. My duty before the House is to say explicitly that I have given the Bill its certificate based on advice that I received, including that of the Attorney-General, that it was compliant with the European convention. That is the basis on which I operate.
On the question of safeguards, I am always ready to look at review procedures, sunset clauses and so on, but I do not hold out a great deal of hope that that will be the path to resolving the issues that have been raised. They are genuine issues, and this brings me to the points raised by my hon. Friend the Member for Walsall, North (Mr. Winnick). I want to pay respect to the way in which he has conducted his discussions on the Bill. I can reveal to the House that we have had private discussions on it, and that my hon. Friend is absolutely principled in what he is saying. He has put forward his views consistently, and with no spirit of political intrigue or anything of that kind. He approaches the matter in an entirely proper way.
My hon. Friend raised an important additional point, which I also mentioned on Second Reading, as did the hon. Member for Somerton and Frome. It is very important that the elected Chamber should try to reach consensus on this matter. There are a range of different opinions in this complex matrix of issues about lengths of time and about safeguards, and I completely agree that that is the approach that we should try to take. Why do I say that? Not simply because it is politically more convenient, but because it is very important indeed that this democratic House should speak to the nation in a direct way when dealing with terrorism. It is difficult for us to reach agreement, because there are genuine differences of opinion, but my starting point is that we should try to do so, and that is what I want to do. It is critically important for right hon. and hon. Members to talk to their constituents and their communities. My hon. Friend’s concerns about the alienation of the community are real ones, and they have been echoed by other hon. Members. We need to address them with our constituents in the best possible way.
My only cavil with my hon. Friend’s remarks is that I think that he traduces the police a little when he suggests that they have not proposed the 90-day period in a considered way, and that my ministerial colleagues and I have not considered the police’s proposal in a serious way. I certainly have, and I and my ministerial colleagues right across the Government have tried to analyse carefully what has happened. The police have given the best of their professional advice. That is what they should do. That is how they operate, and that is their responsibility. That is what they have done, and the suggestion that they have not operated in a professional way is not right.
Terrorism Bill
Proceeding contribution from
Charles Clarke
(Labour)
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 c923-4 
Session
2005-06
Chamber / Committee
House of Commons chamber
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2024-09-24 15:59:33 +0100
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