Terrorists (Detention)

Oral Answers to Questions — Solicitor-General – in the House of Commons at 10:30 am on 7 February 2008.

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Photo of Andrew MacKinlay Andrew MacKinlay Labour, Thurrock 10:30, 7 February 2008

What representations the Attorney- General has received on the merits of detaining terrorist suspects for a limited period without charge.

Photo of Vera Baird Vera Baird Solicitor General, Law Officers' Department

The Attorney-General has discussed the issue with the Director of Public Prosecutions, and she has received representations from one pressure group.

Photo of Andrew MacKinlay Andrew MacKinlay Labour, Thurrock

I wonder whether the Solicitor-General could help a bewildered Back Bencher. Has she observed that the former Attorney-General has said that there is no case for keeping people in custody without charge for more than 28 days, and that that view has been echoed by her former ministerial friend Lord Falconer—the former Lord Chancellor—and, more important, by the existing Director of Public Prosecutions? Have all three of those learned gentlemen gone completely gaga, or are they telling us the naked truth?

Photo of Vera Baird Vera Baird Solicitor General, Law Officers' Department

I have never seen any of them either gaga or naked. It seems that all the assertions have been that we do not need that change now, but it equally seems that everyone has agreed that it is very possible that an extension beyond 28 days will be needed before very long. The proposal is to legislate to provide an opportunity to extend the period if necessary.

I want to make it very clear that there appears to be agreement across parties, as my right hon. Friend the Prime Minister said yesterday. The issue is how this is done. In my view, the important thing is to have it under judicial control. This proposal would do that: it would put detention not into the hands of the Crown Prosecution Service or the police, but under judicial control, which is where it properly should be.

Back Bencher

A Backbencher is a Member who holds no official position in government or in his or her party. Back benchers sit on the back benches in the Chamber.

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