The U-turn was triggered by the departure of John Reid from the Home Office and pressure on his successor from a High Court judge.

The courts had given Jacqui Smith until tomorrow to declare whether or not she was prepared to accept the return to Britain of Jamil el-Banna, who had been cleared for release. The Government, despite the stated policy of wanting Guantanamo closed, had refused to allow his return.

That stance was dictated by Mr Reid whose view was that Britain could hardly welcome terror suspects from America at the same time that he was trying to deport alleged terrorists to Algeria and elsewhere. “I believe most people in the Government have wanted to do the right thing for ages, but John Reid has been the obstacle,” Clive Stafford-Smith, lawyer for dozens of Guantanamo inmates, said.

That view was echoed by Lord Goldsmith, the former Attorney-General, who told Channel 4 News: “I have always argued that Guantanamo was wrong in principle and wrong in practice and indeed for our long-term security we need to win hearts and minds, and to do that we need to demonstrate that we are for justice. Guantanamo had become a symbol of injustice.”

The warm glow of “doing the right thing” will be shortlived. Ms Smith let it be known that she would “review the immigration status” of all five. If their right to reside in Britain were revoked, the detainees could even be deported and possibly held in immigration detention. However, that option is unlikely to be used. It would be a public relations disaster to obtain the men’s freedom and then lock them up in Campsfield House. Others freed from Guantanamo have been questioned by antiterrorist officers before being released without charge. Bisher al-Rawi, released in March, was questioned for just two hours at Luton airport.

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