Counter-Terrorism Bill

My Lords, I will focus only on the proposed extension of the maximum period of detention by a further 14 days. I naturally do not question the seriousness of the threat of terrorism or the view that, consistent with their duty to protect their citizens, the Government must take all necessary powers to protect people from death or injury by terrorism. However, in so doing, the Government also have the duty to protect the human rights of their citizens and the rule of law, which are the cornerstones of our democracy. When the proposal is to allow the police to deprive citizens of their right to liberty, that is so serious a breach of the principles of habeas corpus that a compelling evidence-based case must be made by the Government in respect of each of the following four issues: first, that the existing powers of the police and intelligence agencies are effectively used at present; secondly, that there is an increased threat, for which the existing powers are inadequate; thirdly, that the additional powers will be likely to meet the increased threat; and, fourthly, that no other powers would meet the threat without further eroding human rights. I will deal briefly with those issues. I understand that, in the last year, the police have not found it necessary to detain any suspect for more than 14 days before charging them. We also know from the speech of my noble friend Lord West in the debate last week on the renewal of 28 days’ detention under the Terrorism Act 2006 that he was of the opinion that, although the threat level is still severe, we are safer now than we were 12 months ago. He also told us: "““We have a great quiver full of arrows that we use””," and that, "““In 2007, 36 individuals were convicted in 14 significant terrorist cases, of whom 21 pleaded guilty. That is really quite an achievement””.—[Official Report, 1/7/08; cols. 203-04.]" I agree: the police should be congratulated on that achievement—achieved, as it happened, with the quiver full of arrows that they already have. The fine record of the police and our improved safety are strong evidence that they have all the arrows that they need to protect the public, unless the threat has significantly increased. When we are considering the request for 42 days’ detention, it is also important to remember that we moved in 2000 to detention for seven days, in 2002 for 14 days and in 2006 for 28 days. That is a worrying trend line for a democracy once regarded as the bastion of freedom. If we carry on regularly increasing detention limits by 50 per cent at a time, as is now proposed, it will not be too long before we reach 90 days and more. Against that background, I have attempted to find evidence justifying an increase in the maximum period of detention. There is evidence of ever increasing complication, but that cannot be sufficient justification for depriving suspects of their liberty without charge for another 14 days. Many other powers, including control orders, post-charge questioning, the threshold test, surveillance and additional resources, together should have the potential to solve the problems of complexity at least as well as an extra 14 days’ detention, without in the process further eroding our rights to freedom. Even if there were evidence of an increased threat, the Government would have to produce further evidence that those extra 14 days would be essential to meet it. The Government have not even attempted to do this, and I think that it is almost impossible to produce that evidence. Having carefully studied the reports of the Joint Committee on Human Rights, I agree with its conclusion that the Government have failed to make a case for further extending the maximum period of detention. I am fortified in arriving at that conclusion by having had the benefit of listening to the eloquent speeches of so many illustrious Peers in this House. It is clear that the Home Secretary has done her best, with the raft of provisions occupying five pages of this Bill, to meet many of the concerns expressed about the proposed extension of 14 days. However, the provisions are not a substitute for the lack of evidence in support of the proposed extension. They would only need to be considered if there was such evidence, which I do not believe there is. It is important, when considering proportionality, to remember the plight of innocent detainees. Detention for long periods, plus ongoing interrogation, is akin to torture for some individuals. It is particularly agonising and dangerous for those who are innocent. The evidence from psychiatrists in South Africa is that some detainees eventually become receptive to continued suggestions by their interrogators that they had participated in terrorist activities, to the extent that they believed that they were guilty and confessed to crimes that they had not committed. I admire and greatly respect the Prime Minister, who has done more than any other politician in the world to attack poverty and injustice in the developing world, but I very much regret that I cannot support him in increasing detention and will oppose this Bill.