In the broadest sense there is, but only within the context of everything else that is going on, rather than as an absolute. Given that we are talking about an unsatisfactory provision in the first place and that we are utilising such an unsatisfactory provision to deal with those who sit between the twilight zone of being fully prosecuted or otherwise, I do not see how, even with all the safeguards I have mentioned—monitoring and constantly reviewing prosecutions—there is anything magical about putting a limit of two years in statute regardless of wider public protection and public safety concerns that are part of the reason for the control order architecture in the first place.
I would rather get to the position implied by Lord Carlile of effectively having an operational norm and then going beyond it in respect of the number of years by exception, while concentrating more readily on the monitoring and evaluation of prosecution. We also need, as I mentioned at the annual review, a proper exit strategy for those who have had their order revoked, which has now happened, albeit only in a few instances. If we can get all the assorted paraphernalia of safeguards, monitoring and evaluation right, we could, as Lord Carlile suggested, think about having some nominal length of time for the order, but it is hard to equate putting such a provision in the Bill with wider public safety and protection considerations.
As with new clauses 5, 6 and 7, I am with my hon. Friend the Member for Hendon and his Committee in spirit, but not in respect of holding down the Government and the control order regime to an architecture of elaborate statutory provisions and responsibilities. In the end, that would only unpick the efficacy, such as it is, of the control order process in all its finest glory.
Although it has been a useful discussion, I must disappoint my hon. Friend and urge the House to resist new clause 5 and the other amendments in this group. However, let us keep discussing how we can collectively improve what I accept is an unsatisfactory process.
It being half-past Six o'clock, Madam Deputy Speaker put forthwith the Question already proposed from the Chair, pursuant to Order [this day].
Question put, That the clause be read a Second time:—
The House proceeded to a Division.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Tony McNulty
(Labour)
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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2007-08Chamber / Committee
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