Terrorism Act 2006 (Disapplication of Section 25) Order 2007

My Lords, I am grateful to the noble and learned Lord, Lord Lloyd of Berwick, for presenting the reasons why your Lordships’ House has objected in the past to the extension of the period from 14 to 28 days. In this order, I have no difficulty in supporting the disapplication, but I very much hope that the Minister will take into account our concerns raised in the serious debates that have taken place in this House about 28 days. I remember a few weeks ago reading an article by the Minister, in which he advocated the need to extend the period. I hope I am right about that. It is difficult to accept, because only a few weeks ago, the Government produced a Statement on issues of anti-terrorism and gave a commitment that there would be cross-party discussion on that. Rather than establishing the position now, that would be the time for parties to come to some sort of resolution. Unfortunately, Ken Jones of ACPO is now advocating a longer period, without necessarily having some restraint that allows us to have that political discussion to see where we go from there. I do not want the Government to take it for granted that by approving this order at this stage we in any way subscribe to any extension of the period from 14 to 28 days that must be subject to cross-party discussion, as was promised. This occasion must not be taken as a mini-rehearsal for putting forward the Government’s case for an extended period. I remind the House of the requirements in other countries; the noble and learned Lord, Lord Lloyd of Berwick, was absolutely right,. We have moved so fast in extending the period from 14 to 28 days. First, there was a change from 17 to 14 only in 2003. Within two years, that moved from 14 to 28 days. It is a matter of concern when we consider other countries. In Canada, a suspect needs to be brought before a judge within 24 hours. In Australia, it is within 14 days. It is also 24 hours before a suspect needs to go before a magistrate in Italy and in Germany the period is 48 hours. We can deal simply with this order at this stage, but we must have a substantive discussion not only during the cross-party talks but when legislation is introduced. That will be the time to challenge the need for even 28 days.