Prevention and Suppression of Terrorism

Jesse Norman Excerpts

Wednesday 14th July 2010 Commons Chamber

[Jesse Norman (Hereford and South Herefordshire) (Con)]

I am a rather rare bird in politics—a Conservative defender of the Human Rights Act 1998, which I regard as the codification of 800 years of British common law.

Let me briefly draw attention to the previous Government’s appalling record, which is perpetuated in the suggestion that there is an intrinsic tension between liberty and security. Security often relies on a clear understanding of the commitment of a Government and a nation to liberty. I massively welcome the emphasis of the new Government and the new Home Secretary on freedom, and the suggestion that the order is a temporary measure is most welcome. My right hon. Friend’s personal commitment to 14 days is noted, and the freedom Bill, the crackdown on CCTV and the collection of DNA, and the extension of the Freedom of Information Act are all welcome.

Today is Bastille day. We should never forget that Edmund Burke rightly predicted that it would be followed by disorder, chaos and terror. It made him deeply unpopular at the time. However, on reflection, we now celebrate the day for recorded rights—not abstract, but recorded rights. They were developed in British common law, and the greatest of them is now in section 5 of the Human Rights Act. It is habeas corpus, as prefigured in article 39 of Magna Carta.

We must never forget that we are considering suspects—they have not been convicted of any crime. The Home Office has tools at its disposal that it did not have in 2006. It has the ability to question people post-charge, and to draw on new offences, especially training, preparation and dissemination in the context of terrorism.

I conclude with two questions. First, has thought been given to 21 days as an intermediate period between 14 and 28 days? Are there merits in that? Secondly, has adequate consideration been given to the use of the Civil Contingencies Act 2004 as an alternative to 28 days’ detention? If we answer those questions, I am sure that we can make progress overall.