I accept the hon. Gentleman's point and I know that there is no disagreement among any of us about the need to tackle people who threaten our way of life. I accept that absolutely, but I also accept that there is disagreement among and between us as to the correct balance between protecting our civil liberties and doing so in a proper way that is consistent with human rights.
The Government's view—and it is my view—is that control orders actually plug a gap. In that sense, nobody is in favour of control orders if we could possibly do without them, but they plug a gap in circumstances where we cannot prosecute and we cannot deport. That is the gap we are trying to fill. The hon. Member for Stone made a point about human rights legislation. All along the line we have tried to ensure that what we do is consistent with such legislation. Various court judgments have been issued, and I shall say more about that in a moment, but I am well aware that we have only an hour and a half for debate and many Members wish to contribute.
We take our cue from what the courts say. No doubt more will be said about the European Court of Human Rights later, but the House of Lords said in October 2007 that the control order regime was not unlawful; and in October 2008 the Court of Appeal reconsidered that and once again concluded that what we were doing was right. As the hon. Gentleman knows, that is subject to an appeal in the House of Lords, which is ongoing. The European Court of Human Rights judgment, to which he alludes, will inform that debate, but with the use of special advocates—and our ability to provide various other safeguards—we believe that a reasonable compromise is being made between protecting the public and ensuring that human rights are respected.
Prevention and Suppression of Terrorism
Proceeding contribution from
Lord Coaker
(Labour)
in the House of Commons on Tuesday, 3 March 2009.
It occurred during Debate on Prevention and Suppression of Terrorism.
Type
Proceeding contribution
Reference
488 c734-5 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
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