No, I cannot give way as I have no more time.
There may be a need to go beyond 28 days. If so, the sensible thing would be to work out how to do so coolly and calmly in proper debate rather than waiting until we need to do it and have to pass knee-jerk legislation to deal with the situation. I cannot understand the logic of waiting until we have passed the trap before we do anything. My right hon. Friend the Member for Knowsley, North and Sefton, East (Mr. Howarth) mentioned hard hats. I would put it much more simply: would anybody wait until after the fire to discuss what insurance policy to take out? No, they want the insurance policy first.
What annoys me about some of the debate is that Parliament is being dismissed—as a sham, one hon. Member said. Some of the briefings say that the reserve power would be exactly the same as a power without reserve judgment because we could not have the legislation in place all the time. What would that mean in practical terms? To make sure that the power was on the statute book and could be used at all times, the Home Secretary would need to make eight or nine statements every year telling us that the Government were proposing to invoke the power. There would have to be eight or nine debates about the power every year to ensure that the Home Secretary could keep it in place. There would have to be eight or nine votes on the power every year. Come on—that will not happen. No Home Secretary from my party or any other party will risk that many hostile debates—because they would always be hostile.
Some people go further and say that use of the power could stop before the 30 days were up and then start again a bit later. I am not sure whether that would be possible technically, but what would happen in the House? Members on the Opposition Benches would be on their feet screaming and shouting. Members on the Labour Benches would be on their feet screaming and shouting. The media and the whole country would be screaming and shouting. In those circumstances, does the House believe that such an abuse could hold? The Government would not be defending 42 days; they would have to defend even 28 days, because we would still have to vote on that every year. If everybody saw that there was abuse of the system, they would vote against the 28 days and the whole pack of cards would fall.
I do not know the Civil Contingencies Act well but I cannot believe that its provisions can be so easily adapted. If that were possible, I should be looking forward to lobbying from Liberty about why we were taking such draconian measures—that is how the provisions of the Counter-Terrorism Bill are being described. In that case, why are the same provisions in the Civil Contingencies Act not considered draconian? There have been more red herrings in this debate than even Agatha Christie could stand.
The proposal is balanced; it says, ““We recognise that there is a problem. We are not asking for powers. We are asking for a reserve capacity to invoke powers in exceptional circumstances.”” The Director of Public Prosecutions and the chief police officer would have to go to the Home Secretary. A statement would have to be made to the House within two days. A debate, with a vote, would have to be held in the House within 30 days. That is a measured approach.
I would rather make sure that we protect not just people's human rights, but their lives too. We are talking about life and death matters and we cannot take them lightly. We carry their weight on our shoulders. My right hon. Friend the Member for Birkenhead (Mr. Field) talked about one of his constituents who had been seriously injured. That could be any of our constituents—we need to guard against it.
Counter-Terrorism Bill
Proceeding contribution from
John Heppell
(Labour)
in the House of Commons on Tuesday, 1 April 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
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