I entirely agree with my hon. Friend. That is one route through the issue. The purpose of an inquest is to provide information to the public, as has been established in case law and statute over the century. I accept my hon. Friend's point, and, as I have said, we will test it in Committee and on Report.
I am also concerned about the proposal to make it a criminal offence to attempt to elicit information about members of the armed forces that is likely to be useful to a terrorist. Existing laws already cover that point, so I can see no benefit in introducing the provision—again, we will test that point.
We have pressed for a further range of measures, which are entirely absent from the Bill: lifting the ban on using intercept evidence in court to bring terrorists to justice; establishing a dedicated border police force to check for terrorist suspects and fugitives coming in and out of the UK; tightening the rules on extremists entering the UK to preach hatred; and banning radical groups, such as Hizb ut-Tahrir, that serve as an antechamber for terrorism. The Government can and should do much more to protect this country from the terrorist threat that we face, before resorting to draconian measures that sacrifice our fundamental freedoms. Frankly, it is nothing short of perverse that, in the same breath, the Government release guilty terrorists convicted in the proper way, such as Yassin Nassari, while asking for powers to lock up innocent people for six weeks at a time.
I put it to the Home Secretary that the Government are ignoring those very real threats to our security because they have allowed themselves to become fixated on two proposals, two great gestures, that have become the hallmarks of the Government's security strategy: identity cards—that great white elephant—and the extension of detention without charge. Today, we address the second: the proposal to extend pre-charge detention.
What is at stake? It is the principle of habeas corpus—an individual's right not to be held for prolonged periods without the state bringing criminal charges against him. That ancient right dates back to the Magna Carta of 1215; it is one of our most basic, fundamental freedoms that millions died defending in the last century. We Conservatives will not give it up lightly. It should be borne in mind that in five years the maximum period of detention has already quadrupled from seven days to 28—the current maximum limit that the House agreed at the time should be used only in the most exceptional circumstances. We heard that argument yet again today.
For non-terrorist cases, the limit is a mere four days. We have by far the longest period of detention without charge in the free world. Incidentally, before I talk about the other countries, I should say that I listened to the Home Secretary yet again confuse pre-charge detention with pre-trial detention. She compared the treatment on the continent with what is effectively remand, not pre-charge detention, in this country. However, putting that aside, which country has the longest period of detention without charge in the common law world? It is Australia, which allows 12 days' detention without charge. [Interruption.] We can talk about Zimbabwe in a second, if somebody wants me to; I shall come back to that. Canada allows one day. Even in the United States, which suffered the ultimate horror of 9/11, American citizens can be held for only two days before charge. If we were to extend the period still further, we would be in the same league as which countries? The first one, Zimbabwe, has been offered, and even China allows its police to hold suspects for only 37 days.
What is the evidence that might lead us to sacrifice even further this basic, fundamental freedom? There is none. Our senior law enforcement officers do not support an extension, whatever the Home Secretary says. Incidentally, on the question of naming people who have talked to us about the issue, I should say that, given the Government's track record on the treatment of public servants who in the public interest disagree with them, the last thing I would do is name for the Home Secretary those who have given us evidence on this matter.
The senior law enforcement officers do not support an extension—nor does the senior prosecutor, the Director of Public Prosecutions. I listened with fascination to the Home Secretary trying to square what he said with what she believes. The former Attorney-General does not support an extension, nor does the former head of counter-terrorism at the Crown Prosecution Service. Neither this Home Secretary, nor the previous one, nor the one before—nor anyone else—has provided a shred of evidence that we need longer than 28 days.
Counter-Terrorism Bill
Proceeding contribution from
David Davis
(Conservative)
in the House of Commons on Tuesday, 1 April 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
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2007-08
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