Clause 23 — Extension of period of detention by judicial Authority

Part of Orders of the Day — Terrorism Bill – in the House of Commons at 3:45 pm on 9 November 2005.

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Photo of Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Home Affairs) 3:45, 9 November 2005

The hon. Lady makes a fine point and I commend her for it. The judiciary does occasionally get things wrong. Any system run by people for people will occasionally make mistakes.

My own experience of time limits that operate in Scots law does not reassure me that the Government's proposals for judicial oversight every seven days provide any meaningful protection. I have seen several applications brought before the High Court of Justiciary in Scotland for extensions to the 110-day limit on custody that have been nodded through. We must not forget that judges watch the television and read the newspapers like the rest of us. They are as susceptible to pressure from the media and the prevailing circumstances as anybody else, and we know that that has happened in the past.

If we move to 28 days, it is important that locks and safeguards be put in place. A simple change to 28 days is not a deal that we should accept. As outlined in amendment No.29, the least that we want is that

"the specified period may only be extended . . . pending the result of an examination or analysis which is to be or is being carried out with a view to obtaining relevant evidence, or . . . for the purpose of obtaining relevant evidence from outside the United Kingdom or from records within the United Kingdom which cannot reasonably be obtained without such an extension of the specified period".

That would make it clear that any extension to 28 days would be allowed only in very narrowly circumscribed situations. The decision should be taken by a judge and he should be satisfied that no other terrorist offence can be charged. The judge must also approve the nature of any further questioning. I suggest that those would provide meaningful safeguards, whatever length of time the House opts for today.

We live in an ever changing world. That is the justification given for the Bill, but it is why we need a proper sunset clause—not the one that the Government are trying to sell us.

I am now in my second Parliament. For much of my time as a Member, I have heard comments about the strength of the House. Its standing has often been traduced and demeaned. Our debate today offers us an opportunity to put that right, to tell the Government that they have got it wrong and for the House to stand up against the Executive. I hope that we shall not pass up that opportunity.