Extended detention
- 15 Nov 07, 10:04 AM
What are the government up to on the great 28 days or more debate?
They believe that their opponents - in the Tories, the Liberal Democrats and the pressure group Liberty - have conceded that there might be circumstances in which it is necessary to detain terror suspects without charge for more than 28 days. That unlikely coalition has pointed to existing emergency powers that allow detention for an additional 30 days.
Ministers believe that to declare a state of emergency would be a huge victory for the terrorists. They are trying to re-shape and sell their proposals as having the same effect, coming with the same safeguards but without the need to declare an emergency.
Thus, they plan to propose that:
• detention beyond 28 days could only be triggered in certain prescribed circumstances
• it would require the specific prior authorisation of the home secretary
• in addition it would require judicial approval every 7 days beyond the original 28
• the home secretary would have to notify Parliament and then report back to them after the end of the extended detention
• the power would be time limited - lasting not years but perhaps just weeks or months
This is in line with - but goes further than - the principles laid out by the prime minister in July when he declared that he wanted to reach a consensus on the issue. Then he spoke of extending up to double the current maximum - i.e. 56 days.
The only significance of the 58 day figure is that ministers claim that their opponents have accepted in principle that there are circumstances in which it could be acceptable to detain for this extended period.
I do not believe that 58 will be the final figure that the government will propose. Indeed I suspect that no figure will be given until ministers are confident that they can secure a parliamentary majority for it.
They hope to move the debate away from the number of days and onto the trigger, the mechanism and the criteria for what they insist will be a reserve power used in rare and special circumstances.
UPDATE 10:45AM: As good an explanation as you will get of why the government feels so outraged by the Tory charge that it is playing politics with terror comes in Steve Richards鈥檚 this morning. It's worth a read.
