Counter-Terrorism Bill

The Bill is called a counter-terrorism Bill, but many of us have fundamental concerns that some of its provisions could be counter-productive. We do not dispute that a real terrorist threat exists or underestimate that threat. We do not pretend that Parliament or the police or other security agencies do not have to be alert to how that threat might develop in the future. However, coming from the experience in Northern Ireland, I do not accept that the answer to the challenges we face is simply to extend the period of pre-charge detention. We have been told by Ministers and others that the period of pre-charge detention is not simply being extended and that various safeguards and protections will be in place first. Frankly, however, some of those measures are somewhere between fig leaves and figments of procedure, rather than credible and realistic protections. We are told that having extensions signed by the Home Secretary is a safeguard. The experience in Northern Ireland, where we were told that the safeguard was the Secretary of State's powers and the need for the Secretary of State's signature, was that each Secretary of State signed anything that was put in front of them. Indeed, Secretaries of State said that they were in no position to refuse or to do anything other than sign what was put in front of them, if it came from a Chief Constable. Mo Mowlam, as Secretary of State for Northern Ireland, was in exactly that position when the then Chief Constable Ronnie Flanagan came to her about the parades in July 1997. She had to breach all the promises that she had made and agree, under pressure from the Chief Constable, to allow the parade down Garvaghy road under cover of darkness. Mo Mowlam said afterwards, to us and others, that she would ensure that she was not put in that position again. The only way that she could do that was to ensure that neither she nor any future Secretary of State had the power to sign things at the behest of a Chief Constable, which is why we ended up with the Parades Commission, under different legislation. Mo Mowlam saw that as the only way a Secretary of State could be protected from that pressure, because as she said, no Secretary of State could do other than to sign what was put in front of them in such circumstances. The Home Secretary's power in the Bill is therefore a hollow protection. I look forward to hearing examples—perhaps hon. Members know of some—of where Home Secretaries have refused or would be likely to refuse to sign what might be put in front of them under the Bill. We have also heard the bizarre references to the parliamentary procedure that might be involved. If the Home Secretary comes to tell Parliament that the extension has been triggered, what is Parliament to do? Can we seriously question that? We face the scenario of the judicial process potentially being corrupted, with the cross-linking of the judicial process and the parliamentary process in a way that is dangerous. Although hon. Members might be able to control what they say on those occasions—no doubt the Government will control what is asked, too—who will control what the media say?