Counter-Terrorism Bill

My Lords, there is no doubt in my mind that we have to defend our country and its citizens against those who may have evil and malicious intentions that lead to havoc and chaos and instil fear in civilians. Over the past few weeks, I have been consulting various groups from my community, and my fear is that the proposal in the Counter-Terrorism Bill for 42 days’ pre-charge detention will play into the hands of extremist groups and individuals and increase anti-Muslim feelings. It will be counterproductive as it will lead to damaged community relations and will further alienate the people we are aiming to integrate into our society. It is unjust and violates people’s rights. It will inevitably undermine the UK’s moral authority around the world. We have a proud history of respecting civil liberties from the early days of Magna Carta and the principle of habeas corpus. It is for these reasons that I will be opposing the Government’s proposed extension of pre-charge detention to 42 days. I should like to draw noble Lords’ attention to some points that have gone some way in helping me make my decision. For many decades we have been a target for terrorism, whether by the IRA or others. However, I am proud that we have kept our traditions of freedom, justice and respect for individual rights, except for a short period when the counterproductive measure of internment was used in Northern Ireland, as mentioned by the noble and learned Lord, Lord Mayhew, and my noble friend Lord Dubs. Your Lordships will be aware that until 1974 crimes related to terrorism were generally dealt with through ordinary criminal law procedures. However, from 1974 to 2000 successive Governments sought to build upon the new statutory regime that had been implemented. The Prevention of Terrorism (Temporary Provisions) Acts that were introduced after 1974 were reactionary measures passed in response to various terror attacks. The first such Act was passed in 1974 in response to the IRA attacks in Birmingham. One feature of the Act was that it allowed police officers to hold terror suspects for a maximum of seven days before they were charged. Although it was initially envisioned as a temporary measure, at intervals, the Act was renewed, reflecting the built-in sunset clauses, until 1989, with significant amendments in 1976, 1984, and 1989. These arrangements came to an end with the Terrorism Act 2000, which consolidated and amended earlier provisions, and introduced new measures. The 2000 Act was the beginning of a new chapter that took UK terror laws into a new era. Since 2000, this Government have introduced six pieces of legislation relating to terrorism. Before us today is yet another anti-terror Bill for our consideration. I am disturbed by the fact that it proposes to extend the pre-charge detention limit to the magic figure of 42 days. In 2006, the Government advocated 90 days, 60 days or any figure that they could pluck out of thin air. The 42 days seems to be another bingo or lottery number that they have dreamt up. I pay tribute to those Members of Parliament who stood firm on their principles and voted against this proposal. In particular, I applaud the courage of the 36 Labour MPs who refused to accept the extension of pre-charge detention, which illustrates the true essence of British democracy. If only MPs who aim to integrate young Muslims into British society had voted against this draconian measure, it would never have come to this House. Many distinguished and influential members of our society have voiced their opposition to various features of the anti-terror legislation. They include the former Prime Minister, Sir John Major, and Sir Ken MacDonald. We have already heard the noble and learned Lords, Lord Falconer and Lord Goldsmith, the noble Lord, Lord Condon, and the noble Baroness, Lady Mallingham-Buller, in her eloquent maiden speech, oppose the 42 days. The former Lord Chief Justice, the noble and learned Lord, Lord Woolf, and the former Home Secretary, Charles Clarke, as well as organisations such as Amnesty International, Liberty and Human Rights Watch, have all expressed their concerns. Where is the real evidence that we need 42 days? In November 2007, even my noble friend Lord West was not convinced. Is it not amazing how a cup of tea at No. 10 Downing Street two hours later can change someone’s priorities as well as the strength of their beliefs? It is unfortunate to hear so many stories about knighthoods, peerages, financial incentives and political sweeteners being offered in order to garner support for this outrageous proposal. I am aware of only one so-called Muslim leader who supports the Government on this issue. I was shocked to learn that the same individual who supported the Government in the Sun, the Daily Telegraph, and the English section of the Daily Jang, in the Urdu side of the Daily Jang stated: "““Even seven days without charge is unacceptable to the British Muslim Forum””." How can the Government be proud to be in bed with such an individual? I suppose that when you are desperate, want to sound tough and are doing it at the expense of that community, you need someone who epitomises Judas. Is it not funny how history repeats itself and we have the Mir Jaffars and Mir Sadiqs among our communities today? I understand that the Foreign and Commonwealth Office has granted a substantial amount of money to a project called ““I am the West””, which has been described as a deradicalisation programme, headed by the chairman of the British Muslim Forum. I should be obliged if my noble friend could confirm whether the £4.6 million granted for this project was given to an organisation headed by this man and on what basis this fund was allocated to this organisation. Would he be kind enough to tell the House whether the CBE granted to this man was a gesture of thanks for his unconditional support for these proposals? This has been a sad experience at the expense of our liberties and human rights, and at the expense of the habeas corpus principle which is embedded in the Magna Carta and our basic British principles that we so rightly defend. The noble Lord, Lord Foulkes, who is not in his place, and others have reminded the House how popular this measure is with the public and that the job of this Parliament is to respect public opinion. I wonder why he and others did not ask the Government to respect the more than 70 per cent of the Irish community who was against the Sexual Offences (Northern Ireland) Order 2008, or to respect the more than 70 per cent of the British public who demanded the right to a referendum on the Lisbon treaty, or to respect the millions of people who marched on the streets of London to stop the war in Iraq. With all due respect, even today, if we asked the public whether those paedophiles who ruin the lives of children should be hanged in Parliament Square, I am convinced that the overwhelming majority would vote for it. So why are we selective in pointing out public opinion when it suits our arguments, but remain deadly silent when our public demands that we should withdraw our troops from Iraq? Why do we remain silent on issues of morality, human rights and wars which are launched on fabricated evidence? Last week, I asked a young man about the Government's proposal and he said, ““Sir, I believe that our anti-terror laws are now on a par with McCarthyism and the experience of the Jewish community within Europe during the last century””. I cannot support the 42 days on the one hand, yet talk about the experience of the Muslim youth on the other, as the junior Minister did last week. If that is how young people feel, I am afraid that the Government’s rhetoric about winning hearts and minds will be doomed to failure. You cannot demonise peoples’ faith and marginalise young individuals, then expect to win any support from those you have alienated. Finally, I love this country, its people and its diversity. Already, the spying culture, the stop-and-search and control orders, and demonisation is creating a wedge between the mainstream society and young Muslims. The ACPO report, entitled Hearts and Minds and Eyes and Ears stated that, "““increasing numbers of young Muslims have become alienated from mainstream society that they could even lend their support to ... terrorism””." The Government’s measure in this Bill will only further alienation and segregation, and create radicalisation. I will wait for this Bill to return to your Lordships’ House to ensure that we bury this part of it before it becomes law.