Prevention and Suppression of Terrorism

In view of the lateness of the hour and the fact that other Members wish to speak, I will be brief. Allowing the extension from 14 days to 28 days is an important step that raises significant civil rights considerations. I am willing to accept what the hon. Member for Hendon (Mr. Dismore) says about inadequate conditions in the holding police station—I think that he has a point. Holding people for as long as 28 days comes close to holding them in administrative detention, and if questioning takes place during the whole of that period there is a danger that those held will be coerced by circumstance into saying things that are untrue or misleading. The truth is that no Member present, with the possible exception of the Minister, knows whether the circumstances justify an extension to 28 days. I am prepared, at least for the moment, to accept that they might do so. The number of terrorist cells that need to be investigated might be a justification for that, as might the desirability of examining computer databases. However, the renewal should not be deemed to be automatic. This is a grave matter, and we should not be asked to renew every year without there being compelling supporting evidence. I also wish to endorse the points about the future raised by my hon. Friend the Member for Beaconsfield (Mr. Grieve). I am glad to hear that there will be a consultation paper, and I hope that it will be a genuine one and that there will also be genuine discussions. My hon. Friend is right that the issue of post-charge questioning is key in considering whether there should be an extension. If such questioning is allowed, there is less requirement for an extended holding period. He is also right that we must look at the codes that regulate the treatment of detainees being held for an extended period. It is important that the codes form part of the consultation. I also have concerns about the statutory warnings given by judges to juries if a detainee—or defendant as he has then become—has refused to answer questions during such an extended detention period. After an extended period of detention, it is not unreasonable for defendants to refuse to answer further questions, and I am worried about the adverse inference that juries can currently take from such a refusal. That should feature in the consultation. The House should not be asked to renew the provisions unless there is compelling evidence of need. I accept that it might be difficult for the House to be given such evidence as much of it will be covert in nature. The Government have suggested that they might be willing to establish a Privy Council Committee to look at intercept evidence. I would like such a Committee to be asked to consider evidence on whether there is a need for an extension to 28 days or more, as it could be told many things that cannot be openly ventilated in the House. The function of that Privy Council Committee would be to receive the evidence, to form an assessment as to the weight of the evidence and then to advise the House. Ultimately it would be for the House to decide whether we wished to accept that advice, but I would be much more comfortable about making a decision to extend the period either to or beyond 28 days if I were in receipt of such advice.