Prevention and Suppression of Terrorism

Jim Shannon Excerpts

Wednesday 14th July 2010 Commons Chamber

[Dr Huppert]

I find it disappointing that the hon. Gentleman takes that line. We are not alone in facing the threat of terrorism. Other countries have faced it and had issues to deal with, and they have done that in much better ways.

We have alternatives, and other countries clearly manage. We have the threshold test, to which my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) referred. It states that, when there is not enough information, it is possible to proceed with a charge if there are reasonable grounds to think that we will get more evidence, the case is serious and there are grounds to object to bail.

[Jim Shannon (Strangford) (DUP)]

Will the hon. Gentleman give way?

[Dr Huppert]

I ought to save time.

If that is not the case, then we should not be holding people for 28 days anyway. How can we defend a month?

We also have the Civil Contingencies Act 2004, which gives powers in extremis, and I know that the Home Secretary and other hon. Members are aware of that.

We do face a serious situation, and we do need to have the right tools to combat terrorism, but 28-day detention without trial is not the right one. It causes too much collateral damage in its effect on our civil liberties and the message that we send to others who might be considering such issues and those who look up to us from other countries. I urge hon. Members to reject 28 days.

[Keith Vaz (Leicester East) (Lab)]

It is a pleasure to follow the hon. Member for Cambridge (Dr Huppert), who is the newest member of the Home Affairs Committee. I can recall that of the Committee’s 38 reports, 37 were unanimous; the discussion and inquiry that we held on pre-charge detention was the only one on which the Committee divided.

We have had some very odd couplings, if I may put it like that, today. We had the Front Benchers—the Home Secretary and the shadow Home Secretary—agreeing, and then we had the right hon. Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Walsall North (Mr Winnick) agreeing. I thought for a moment that the hon. Member for Esher and Walton (Mr Raab) was going to vote against the order until the last few seconds, when he gave the Home Secretary the benefit of the doubt.

This is a very important debate. Of course, the mood is different from that of the last debate, although there is a huge amount of passion. I came into this Chamber with a determination to vote for the order, but I am going to vote against it because I do not think the case has been made. I have been swayed—I know that this is very unusual for a Member of this House—by the speeches that I have heard. I am impressed by the integrity of my hon. Friend the Member for Walsall North, who has campaigned long and hard on this issue, and by the fact that the right hon. Member for Haltemprice and Howden resigned and fought a by-election on it. I also remember the speech made by the hon. Member for Foyle (Mark Durkan) during the last debate, which was pretty passionate. That is not to dismiss anything that we have heard from others who obviously make very important points.

[Jim Shannon]

Does the hon. Gentleman agree that we need 28 days for two reasons: for the ongoing verbal investigations and for the forensic part of the evidence? It is not like the “CSI” programmes on TV. A person is not convicted in 60 minutes—28 days are needed to do that. It helps to remove the more volatile members of the community and to ensure that innocent people are protected.

[Keith Vaz]

I understand that; it is exactly the point that Ian Blair, now Lord Blair, made to the Select Committee. However, as we have heard today from the Home Secretary, this power has not been used very often. I am sure that she was in the Chamber when the Attorney-General spoke on the issue—it was one of the best speeches that I have ever heard here—and opposed what the last Government were going to do. To be perfectly frank, if one has a power that one does not use, why have it?

It is important to consider who supported the longer detention period. Only the police came before the Committee and said that they supported it. Ken Macdonald—now Lord Macdonald—who is conducting the review had no reservations when he was Director of Public Prosecutions, but had reservations after he ceased to be DPP. He brought those reservations—