Terrorism Act 2006 (Disapplication of Section 25) Order 2008

rose to move, That the draft order laid before the House on 21 May be approved. The noble Lord said: My Lords, the Government agreed in our debates during the passage of what became the Terrorism Act 2006 that there should be a requirement for the annual renewal by Parliament of Section 23 of the Act, which extends the maximum period of detention of terrorist suspects from 14 to 28 days. The order before the House today therefore disapplies Section 25 of the Terrorism Act 2006 for a period of one year beginning 25 July 2008, thereby extending for another year the maximum period of pre-charge detention for terrorist suspects of 28 days. Pre-charge detention has been the subject of considerable debate over the past 12 months, both in the context of the Counter-Terrorism Bill and in the reviews carried out by the Home Affairs Committee and the Joint Committee on Human Rights. I do not intend to go over those debates here, but it is worth reminding ourselves why Parliament agreed to the exceptional 28-day limit. Terrorist investigations can be hugely time-consuming, and the increase from 14 to 28 days was necessary primarily as a result of the greater use of encrypted computers and mobile phones, the increasingly complex nature of terrorist networks that have to be investigated, and the increasingly international nature of terrorist networks, meaning greater language difficulties and a greater need to gather evidence from different jurisdictions abroad. The safety of the public is of course paramount, and it is the responsibility of government and security and law enforcement agencies to protect our citizens from the threats posed by terrorism. The first priority must be to stop terrorist activity taking place, rather than dealing with its consequences. However, where we identify those who are engaged in terrorism, we need to ensure that we have the right tools to investigate and prosecute them. In much police work, the investigation takes place after a crime has been committed. In such cases, there will often be a victim, possible suspects, witnesses to the crime and forensic material from the crime scene. The police will investigate the crime and may arrest the suspect once they have gathered a considerable amount of admissible evidence. In such cases, often very little time is needed to question the suspect before a decision is taken on whether to charge them for an offence. Terrorism cases are different. Because of the severe consequences of a terrorist attack, the police and the Security Service need to intervene before it takes place. Critically, they may need to intervene in an investigation at a very early stage—before they have had the opportunity to gather any admissible evidence and on the basis of intelligence about who and what is involved. As Assistant Commissioner Bob Quick said recently in his evidence to the Counter-Terrorism Bill Committee: "““In some investigations, we have seen [attack-planning activity] materialise so quickly that on public safety grounds we have had to act pre-emptively before we have had the opportunity to exploit pre-arrest evidential opportunities. That places a huge burden on the … investigating officer””.—[Official Report, Commons, Counter-Terrorism Bill Committee, 22/4/08; col. 14.]" Few would disagree with the need to pre-empt such attacks. That is why United Kingdom legislation has, since 2000, provided specific powers of arrest and detention in relation to terrorism. The provisions for extended pre-charge detention of up to 28 days in the Terrorism Act 2006 take account of these practical and unique difficulties. The decision to increase pre-charge detention limits from 14 to 28 days has, I believe, been justified by subsequent events and means that we have been able to bring forward prosecutions that otherwise might not have been possible. Indeed, both the police and the DPP have made it clear that the 28-day limit is necessary. Since the power came into force in July 2006, six people have been held for between 27 and 28 days and three of them have been charged. We accept that the Government should endeavour to provide detailed statistical information on the use of the 28-day limit in advance of the renewal debates. Once the joint Home Office/police review of pre-charge detention statistics has been completed, we expect to be able to provide more detailed information on the outcome of detention, including the charges brought. The application for extension is a rigorous process. A CPS lawyer makes the application for an extension beyond 14 days and the senior investigating officer is present. Defence solicitors are provided in advance of each application with a written document setting out the grounds for the application. The applications are usually strenuously opposed and the hearings can last several hours. The officer may be questioned vigorously by the defence solicitor about all aspects of the case. I have attended one of those applications, and it was vigorous. The judge does not have to give another seven days. In the application that I attended, the judge told the applicant they had to get the evidence within two days. It is scrupulously done and strenuously carried out. Some have accused the police of holding a suspect for the maximum period simply because it is available. This is nonsense. The police investigate as quickly as possible; they must do, and would not detain anyone for longer than is absolutely necessary. That has been clearly demonstrated by the fact that only six people have been held for the maximum period since the power came into force in July 2006, and none has been held for the maximum period since the 28-day time limit was renewed last year. Indeed, when applying to the courts for an extension of detention, the police and the CPS have to present substantial evidence for it. A judge may not grant extensions of detention where he or she is not satisfied that the investigation is being pursued diligently and expeditiously. Judges can, of course, grant less than the full seven days’ extension, as I have said, or no extension if they feel further detention is unjustified. That, too, happens. Getting the balance right between individual freedom and collective security must always be at the heart of what we do. There is no contradiction between pursuing our counter-terrorism objectives and defending our freedoms and civil liberties. Fourteen days’ pre-charge detention remains the norm and 28 days is for exceptional circumstances, but this exceptional power continues to be necessary as a result of the growing scale and complexity of terrorist investigations. All of us, on all sides of the House, appreciate the seriousness of the terrorist threat we face and the importance of having the right measures in place to counter it. Terrorism is a huge international challenge but a particular challenge for democracies, which must strive to protect individual liberties while ensuring collective security. It is vital to strike the balance between protecting the rights of the detainee and ensuring that an investigation proceeds properly and effectively, enabling the police to deal with the complexity of modern terrorism investigations. I hope that this House agrees that the order achieves that, and I commend it to the House. I beg to move. Moved, That the order laid before the House on 21 May be approved. 21st Report from the Joint Committee on Statutory Instruments, 25th Report from the Joint Committee on Human Rights.—(Lord West of Spithead.)