Govt woos rebel MPs with 42-day amendments
Jacqui Smith makes progress on 42-day detention
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Tuesday, 03, Jun 2008 05:11
Further concessions on pre-charge detention have been announced by the government.
In addition to opposition from the Conservative and Liberal Democrat parties, around 50 Labour backbenchers have voiced doubts about proposals to extend the maximum limit for pre-charge detention from 28 to 42 days.
The Home Office is doing all it can to prevent a defeat for the government. Yesterday, at a meeting of the parliamentary Labour party, home secretary Jacqui Smith reportedly won over many backbenchers by telling them the proposals reflected "what it means to govern".
Now the government has unveiled its concessions, which seek to strengthen the parliamentary safeguards designed to protect civil liberties.
It had said parliament would be given a vote of approval within 30 days. This has now been cut to just a week, with parliament to be recalled if it has been prolonged.
The new amendment says the 42-day limit can only be made available if a "grave exceptional terrorist threat" exists. This is clearly defined in the bill.
It also halves the time the higher limit is available, from 60 to 30 days. Other amendments force the home secretary to take "independent legal advice" on the issue", inform select committee chairmen and change the Civil Contingencies Act 2004.
Ministers hope the concessions - together with Ms Smith's speech yesterday - will win over enough rebels to push the proposals through parliament.
"There is still a lot of work to do but after Jacqui's performance at PLP I am very hopeful," Home Office minister Tony McNulty said on BBC2's Newsnight programme yesterday evening.
Ms Smith told the Today programme the power to hold a suspect for 42 days was preferable to "rushing to parliament to pass emergency legislation, or having to let a terror suspect walk free at 28 days because the investigation can't continue".
"It will mean that the police and the crown prosecution service can apply to a judge to make a decision about whether or not in an individual's case it is right they are held for longer than 28 days, for a period of up to seven days at a time, in order that that investigation can continue.
"That seems to me to be a proportionate way to deal with a serious threat which also puts in place important safeguards."
Not all are convinced the government's sole motive is the security of the country. Liberal Democrat leader Nick Clegg accused Gordon Brown of "chest-beating" on the issue.
"It seems that ministers are prepared to say anything to sweeten the pill for rebel Labour MPs to swallow," he said.
"But these supposed concessions do not address the fundamental problem – there is not a shred of evidence in favour of extending the period of pre-charge detention."