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Terror detention plans unveiled Terror detention plans unveiled
(39 minutes later)
The government has published its plans to allow the police to hold terrorism suspects for up to 42 days before they are charged. The government has unveiled plans to let police hold terror suspects for up to 42 days without them being charged.
The Counter Terrorism Bill proposes extending the limit beyond the current 28 days. The Counter Terrorism Bill also proposes "full use of DNA" in investigations and greater the use of post-charge questioning.
Some senior police officers support the move but it could be beaten by Lib Dem, Tory and rebel Labour MPs. It also proposes greater monitoring of convicted terrorists.
Attempts to extend the limit to 90 days in 2005 ended in then prime minister Tony Blair's first Commons defeat. Some senior police officers support extending terror detentions beyond the current 28 days, but it is opposed by Libs Dems, Tories and rebel Labour MPs.
The Counter-Terrorism Bill says suspects should be held for more than 28 days "if exceptional circumstances require it". The bill says such powers should be used only "if exceptional circumstances require it".
MonitoringMonitoring
It also calls for "full use of DNA in terrorism investigations" and for post-charge questioning of terror suspects. It also demands stiffer sentences for other crimes where terrorism is a factor.
The bill adds that monitoring of convicted terrorists should be strengthened and bigger sentences for general offences which are "terrorism-motivated". A survey by the Independent newspaper last month suggested 38 Labour MPs were against the 42-day detention plan - more than the 34 needed to defeat it.
A survey by the Independent newspaper last month suggested 38 Labour MPs were against the 42-day detention plan, more than the 34 needed to defeat it.
Home Secretary Jacqui Smith, mindful of a potential rebellion, has been meeting backbenchers to press her case.Home Secretary Jacqui Smith, mindful of a potential rebellion, has been meeting backbenchers to press her case.
In a statement she said: "We all need to work together to tackle the terrorist challenge and we have consulted widely on the proposed measures.In a statement she said: "We all need to work together to tackle the terrorist challenge and we have consulted widely on the proposed measures.
"We have listened to the concerns of community groups and others and the proposals brought forward today aim to strike the right balance between the need to protect human rights and ensuring police have the powers they need, when they need them, to tackle terrorism.""We have listened to the concerns of community groups and others and the proposals brought forward today aim to strike the right balance between the need to protect human rights and ensuring police have the powers they need, when they need them, to tackle terrorism."
Ms Smith added that the bill would work in combination with government efforts at "challenging extremist ideology".Ms Smith added that the bill would work in combination with government efforts at "challenging extremist ideology".
You could have someone locked up for that longer period of time and Parliament would only be able to decide on whether that was justified or not after that longer period of detention has already expired Nick CleggLib Dems Q&A: Anti-terror legislationYou could have someone locked up for that longer period of time and Parliament would only be able to decide on whether that was justified or not after that longer period of detention has already expired Nick CleggLib Dems Q&A: Anti-terror legislation
Asked earlier on BBC Radio 4's Today programme whether she was proposing legislation to deal with a hypothetical situation, the home secretary replied: "We are putting in a provision for if it becomes unhypothetical."Asked earlier on BBC Radio 4's Today programme whether she was proposing legislation to deal with a hypothetical situation, the home secretary replied: "We are putting in a provision for if it becomes unhypothetical."
Prime Minister Gordon Brown has said he believes all parties accept there could be circumstances under which it is necessary to hold someone beyond 28 days - such as the complexities of investigating a multiple terrorist plot. Attempts to extend the limit to 90 days in 2005 ended in then prime minister Tony Blair's first Commons defeat.
His successor, Gordon Brown, has said he believes all parties accept there could be circumstances under which it is necessary to hold someone beyond 28 days - such as the complexities of investigating a multiple terrorist plot.
The government says it is better to act now in a considered way rather than find itself forced to respond to a future emergencyThe government says it is better to act now in a considered way rather than find itself forced to respond to a future emergency
But the Conservatives and civil rights group Liberty have argued that current powers to call a national emergency are sufficient when faced with a case that requires going beyond 28 days. But the Conservatives and civil rights group Liberty argue that current powers to call a national emergency are sufficient when faced with a case that requires going beyond 28 days.
And Lib Dem leader Nick Clegg has said his party will join forces with the Tories to defeat the move in the Lords, if they do not manage to overcome Labour's majority in the Commons. Lib Dem leader Nick Clegg has said his party will join forces with the Tories to defeat the move in the Lords, if they do not manage to overcome Labour's majority in the Commons.
The Commons Home Affairs committee, and the Joint Committee on Human Rights (JCHR) comprising MPs and peers, have both come out against extending the terror limit. The Commons home affairs committee and the Joint Committee on Human Rights (JCHR) comprising MPs and peers have both come out against extending the terror limit.
Parliament notifiedParliament notified
The JCHR said a pledge to allow the Commons and the Lords to approve any extension within 30 days would be "virtually useless as a safeguard".The JCHR said a pledge to allow the Commons and the Lords to approve any extension within 30 days would be "virtually useless as a safeguard".
The delay would mean a suspect could end up being held for 42 days anyway, even if Parliament eventually voted against it.The delay would mean a suspect could end up being held for 42 days anyway, even if Parliament eventually voted against it.
Mr Clegg added: "When you look at the detail...it leads to the absurd position that you could have someone locked up for that longer period of time and Parliament would only be able to decide on whether that was justified or not after that longer period of detention has already expired."Mr Clegg added: "When you look at the detail...it leads to the absurd position that you could have someone locked up for that longer period of time and Parliament would only be able to decide on whether that was justified or not after that longer period of detention has already expired."
An extension to 42 days would first have to be requested by a chief constable and a senior prosecutor - and would then be authorised by the home secretary.An extension to 42 days would first have to be requested by a chief constable and a senior prosecutor - and would then be authorised by the home secretary.
Parliament would be formally notified, but in practical terms any individual could be held for 42 days subject to approval of a senior judge.Parliament would be formally notified, but in practical terms any individual could be held for 42 days subject to approval of a senior judge.
The Association of Chief Police Officers has pushed for an extension - saying more flexibility is needed. The Association of Chief Police Officers has pushed for an extension, saying more flexibility is needed.
But others including England's top prosecutor Sir Ken MacDonald and former attorney general Lord Goldsmith have raised doubts about the need for an extension. But others, including England's top prosecutor Sir Ken MacDonald and former attorney general Lord Goldsmith, have raised doubts.
Liberty director Shami Chakrabarti has also been meeting MPs - she says the government wants "an on-off button to intern suspects". Liberty director Shami Chakrabarti says the government wants "an on-off button to intern suspects".
Other measures likely to be in the bill include stiffer sentences for other crimes where terrorism is a factor and the creation of a new terrorist offenders' register - similar to the sex offenders' register - for those released from jail.