I am not opposed to control orders, but I see them very much as a last resort. I return to the continuous concern that whatever we do must be seen in the context of accepting last resort measures only when they are necessary. It is for that reason that I support the request that the Minister should agree to new clause 5. We need to remove from the penumbra of control orders any aspects that can be reasonably seen, as the hon. Member for Foyle (Mark Durkan) said, to be redolent of circumstances in which powers were used in a manner about which we feel sorry in retrospect; one aspect is a constant understanding that there is no alternative, albeit the alternative of a trial and prosecution. That is one of the things we have to do to earn the right to have control orders in a free society.
The Minister can help the Government to recover their necessary reputation on such issues, which perhaps has been lost because of their determination to push in what many of us feel to be an illiberal direction on a number of other issues, some of which we shall come to later tomorrow. My hon. and learned Friend the Member for Beaconsfield (Mr. Grieve) is right to suggest that it would be much more elegant for the Government to accept the changes than to allow them to be put to a vote. I use the word ““elegant””, but I mean that it would be useful for the Government if they were seen to understand what some of us have felt it necessary to harry them about—their attitude in the matters that we feel unhappy about. They could show themselves able to reinforce the consensus, even among those of us who accept the need for control orders, that such orders should be subject to regular review. That could begin with the suggestion that it is necessary to ensure that there was no alternative. That is, after all, not much to ask in a free society.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Lord Deben
(Conservative)
in the House of Commons on Tuesday, 10 June 2008.
It occurred during Debate on bills on Counter-Terrorism Bill (Programme) (No. 2).
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