Counter-Terrorism Bill

It is a pleasure to follow the hon. Member for Walsall, North (Mr. Winnick). I remember his speech in the debate last time round, when we were discussing 90 days' detention, and I was struck by the similarity of many of the points that he has made tonight. I think that that is because what we have in the Bill is not so much a strategy as a rather loose and disparate collection of tactics. That lack of overall strategy is the cause of the Government's problems, and it is why these days we seem to have almost a Bill a Session on this subject. I feel very uneasy about several of the ways in which the Bill seeks to blur very important divisions within our constitution, especially in relation to the position of Scots law and the way in which that produces some exceptionally convoluted procedures. The position of Scots law has been subject to a particular lack of regard in the preparation of the Bill. That causes me great concern, and given the limited time, I want to concentrate most of my comments on that. The right hon. Member for Leicester, East (Keith Vaz) made a good and well-reasoned speech in which, as Chairman of the Home Affairs Committee, he listed a whole range of people whose views have been sought. When I asked whether he had sought the views of the Scottish Law Officers—the Lord Advocate and the Solicitor- General—he said no, because the Scottish Parliament has its own Committees. It does indeed, but they will not consider the Bill because it is of UK-wide application, and is to be debated and voted on in this House alone. It will ultimately then be applied, one would hope, by the Scottish Law Officers. I would say gently to the right hon. Gentleman that if the views of the Director of Public Prosecutions are worthy of consideration, surely the views of the Solicitor-General and the Lord Advocate, as head of the prosecution service in Scotland, must also be worthy of consideration. That is a point that not only the Home Affairs Committee but the Government should take on board—and one of which all Scottish Members should be particularly mindful. The House may recall that when we discussed 90 days' detention, it was a matter of some controversy that the Lord Advocate and the Scottish Executive had not been consulted at all. I was eventually able to intervene on the Home Secretary today to ask her whether the Lord Advocate was in favour of an extension to 42 days. It is remarkable that she did not answer the question. I was mildly concerned that the Minister for Security, Counter-Terrorism, Crime and Policing was sitting there mouthing and nodding his head as the Home Secretary was speaking, saying, ““Yes, she is,”” suggesting that the Lord Advocate did support the proposal. I hope that when he responds to the debate he is able to make clear what representations the Home Office has received from the Lord Advocate, because there is nothing on the record so far, and that is a matter of significant concern for Scottish Members. One of the most worrying aspects of the convoluted way in which the Government have sought to introduce 42-day pre-charge detention is the blurring of the roles of this place, as a legislature, and the judiciary, as supervisor of the individual liberties of the citizen. I consider myself to be exceptionally ill-equipped, as an elected politician, to play the role that the Government seek to give, particularly if we were in the highly febrile atmosphere following a terrorist outrage. People who hope to be due for re-election in two years' time are not the best people trust with the liberty of the individual.