My Lords, this Bill contains points that raise significant concern. The key concern is the period of pre-charge detention that is justified in the case of terrorist suspects. The Crown Prosecution Service has stated: "““We think the 28 days has been sufficient in each case that we have had ... We have not seen any evidence that we have needed beyond 28 days””."
The arbitrary detention will violate the right to liberty and freedom for citizens as protected by the European Convention on Human Rights and other international human rights instruments.
We must all be very concerned about the harm that may be caused to anyone who is arrested and detained for a long period and released without charge. The arrest in the first place should have been based on sound intelligence and good police work. Any form of payment will not compensate for the damage inflicted on the innocent person.
We already have the longest period of detention in the democratic world, which this Bill seeks to extend further on the pretext that there is increasing complexity of terrorist operations and that more time is required to gather admissible evidence for a charge. The period of pre-charge detention in the United States is limited to just 48 hours. Why should we need 42 days when the United States requires so much less time?
I am not at all convinced about the Government’s assertions on this matter; they will need to put forward a logical and sound case to persuade me that the provisions are necessary. I do not want to see heroes created as a consequence of draconian legislation that can serve only to strengthen the propaganda wars of the extremist. Eleven individuals have been detained between 14 and 28 days, pre-charge, since the provisions of the Terrorism Act 2006 came into force, three of whom were released without charge.
The question that we need to consider in the context of this part of the Bill is whether an extension to 42 days is necessary and whether it will make us safer. In my view, the Government have a significant amount of persuading to do. The political tactics apparently deployed in another place to approve this part of the Bill are unlikely to count as persuasion in your Lordships’ House.
This legislation will mainly affect one section of the population. It will antagonise Muslims when we need the help of the community to combat the threat of terrorism. We need to reflect on the messages that the Bill will send. As one of the 2 million Muslims resident in this country, I am concerned at the apparent demonisation of the Islamic faith. Nearly all Muslims are peaceful people and have played a significant role in the advancement and well-being of this country. We do, however, accept that there is a tiny minority of Muslims who are misled and have extreme views. Islam is indeed a religion of peace. In fact, when we meet each other, we say, ““Assalaamu Alaikum””, which means, ““The peace of God be upon you””. Islam forbids suicide bombing and the word ““jihad”” is often misunderstood—it means doing one’s utmost. A Muslim must carry out good deeds. Nearly all British Muslims share the same values and interests as anyone else who lives here.
Any person who commits a terrorist act should be treated as a criminal and referred to accordingly. Making reference to a terrorist with any linkage to a particular religion is wrong.
We cannot hide from the fact that the most significant terrorist threat that we face in the United Kingdom today derives from a tiny minority of people who have a distorted interpretation of Islam. Nearly all Muslims, including myself, totally condemn any form of terrorism and want to live in peace with others. We are horrified at the vile activities advanced by any terrorist, who is a criminal, supposedly in the name of Islam.
I have spoken on terrorism on numerous occasions and believe that the remedy does not lie in draconian and severe legislation. The problem requires a holistic solution involving the Government, police, local authorities, voluntary bodies and the Muslim community itself. The Muslim community is involved in looking at the problems of extremism. Its initiatives to deal with the matter include effective self-regulation of mosques and other Muslim organisations. Programmes to interact with the young are a part of those initiatives. I chair the Conservative Muslim Forum, which has established a youth wing to engage with the young.
Terrorism has to be fought on a wide spectrum of co-ordinated fronts and through community cohesion and comprehensive engagement extolling the values and virtues that bind us together as a society. It has to be fought through effective education programmes to widen understanding and challenge extremism, particularly among the young.
I support measures advanced by my party to tackle the terrorist threat; for example, I would like to see a dedicated border police whose purpose is to defend us against that threat. We need to alter the terms of the debate. I fear that the measures in the Bill are unlikely greatly to advance that cause. We need to confront the threat posed by terrorists by depriving them of the supply of volunteers and those prepared to support their disgusting abuses. We need to make people feel safer in their communities and advance genuine cohesion and identity. We need to construct a robust political consensus justified by evidence. The Government’s evidential base is tentative and unconvincing.
Although I was born in Africa, I learnt about the Magna Carta and habeas corpus as a schoolboy. The provisions of the Bill contravene these principles. There are better ways of protecting our society and its values than by undermining its freedom and liberty. For that reason, I object to the relevant provisions of the Bill.
Counter-Terrorism Bill
Proceeding contribution from
Lord Sheikh
(Conservative)
in the House of Lords on Tuesday, 8 July 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
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2007-08
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