Protection of Freedoms Bill

I will speak briefly because I have already gone through this issue on a number of occasions. I believe very strongly that if there is a case for extending the period from 14 to 28 days, the Government, by referring to the period in question as merely 14 days and describing it as a permanent reduction in clause 57, and then talking about certain circumstances of an emergency nature that extend it to 28 days, effectively sell the argument down the river. I am trying to look at the principle. In my opinion, 28 days is justified. We have been through the arguments, as the hon. Member for Walsall North (Mr Winnick) said, about whether it should be 42 days or 90 days. Fourteen days can be a very short period, so if there is a case for it being 28 days in certain circumstances, for heaven's sake let us just accept that 28 days will be used very rarely and only in special circumstances. Furthermore, to go back to a point that the Minister made, there is the distinct, continuing right of habeas corpus. If a judge thought that somebody was being ill-treated during a period of detention, which is really what this is all about, and he was satisfied by evidence from other sources and an application for habeas corpus, he would go straight down—in Belmarsh, for example, there is a tunnel—and ask to have the person who was being detained produced for him. He would rapidly work out whether that person was being subjected to unfair or unreasonable treatment—we are talking here about the realities of life—and whether he should be given the full benefit of habeas corpus. Habeas corpus means, ““You shall have the body,”” or, ““You shall produce the person.”” That, in my judgment, is ultimately what this is all about. I introduced a Bill on this matter right back when the former Member for Folkestone and Hythe was the leader of the Conservative party and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) was the shadow Home Secretary. I had a bit of a disagreement with them because they wanted to do a deal with the Liberal Democrats and I disagreed with that. That was not an unusual circumstance, but I try to stick to my principle. I produced the Prevention of Terrorism (No. 2) Bill for the reason—I have done it again more recently, as the Minister agreed—that I believe that we should justify our actions by reference to legislation that we produce here. I just throw into the bargain that I think that the Human Rights Act 1998 has a lot to do with this. I am very glad that the Home Secretary has made her speech on the repeal of that Act, never mind what the Deputy Prime Minister says. I was responsible for that policy when I was shadow Attorney-General. I got it through the shadow Cabinet at that time and it stayed right through to the manifesto. The point is that if one disentangles the unnecessary complications of the Human Rights Act from the essence of the question, what we must have is a fair trial, as the right hon. and learned Member for North East Fife (Sir Menzies Campbell) said—I suspect that that is the only point on which we are likely to agree. That was in my Bill. We must also reaffirm the principles of habeas corpus and due process. The combination of those things can be achieved by legislating on our own terms; not through being caught up in all the unnecessary complication of having these matters adjudicated in Strasbourg or wherever. If there is a vote on the new clause, I shall abstain on a simple issue of principle. I think that the hon. Member for Rhondda (Chris Bryant) is right when he says that the Government are creating a problem for themselves. There is a confusion of principle here. What is sauce for the goose is sauce for the gander. If there is a case for extending the period to 28 days when there is a Dissolution or before the Queen's Speech, frankly that is a matter of principle and it should be clear in the Bill that 28 days is an appropriate period. Why is it appropriate? Because the security of the nation requires it. That is the first priority. We have our civil liberties only if the security of the nation is guaranteed. I therefore will not support the Government on the proposal, and I believe that my argument is based on reason, principle and practicality.