Prevention and Suppression of Terrorism

I thank my right hon. Friend for that good suggestion. Last year, the Government undertook to conduct a risk assessment on the effect of the 28-day extension on communities. Asked when the community impact review would be complete, Lord West told the other place:""We hope to have the initial findings out by the end of the year"—[Official Report, House of Lords, 1 July 2008; Vol. 703, c. 203.]—" namely 2008. A year later, neither type of impact assessment—individual or community—has been made available to Parliament. The Government acknowledge in their reply to our queries their commitment to undertake a review of the impact of all counter-terrorism legislation on our communities, but they now envisage publishing a research report by late November 2009. However, the psychological impact of extended pre-charge detention on individuals will not be included within that review. Such an assessment could already have taken place in the case of those held for more than 14 days and then released without charge. We recommend again that the Government obtain and make available to Parliament such an impact assessment. The other main new point is about the presumption of innocence. Last year, the Minister conceded that a special paper on the impact of press speculation on the right to a fair trial had not been prepared, but it "might be worth considering". Strasbourg case law is very clear that the presumption of innocence requires Ministers to refrain from pronouncing on a suspect's guilt before they have been convicted. The approach of the Attorney-General, whereby a specific newspaper or broadcaster may have their attention drawn to risks of publication and prejudging a particular case, is very ad hoc and does not address the problem of possible prejudice to fair trials caused by Ministers commenting on cases when suspects have been arrested—even before they have been charged. In our view, the Director of Public Prosecutions should draw up and consult on draft guidance on how to avoid prejudicial comment—by the press or Ministers—following the arrest of terrorism suspects, particularly after they have been charged. In common with the official Opposition, I do not oppose the order, and I say that simply because we have insufficient evidence to form a view either way. If renewal is sought next year, the Government must produce an evidence-based case with the analysis that my Committee has recommended for several years, especially if the power is not used over the next 12 months, bearing in mind that it has not been used over the last two years. Either way, further safeguards are needed in the light of recent judicial pronouncements—and, indeed, in the light of common law and common sense—so we look forward to hearing the Minister's response to these points.