Jenny Booth
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Jacqui Smith today defended the concessions she has made in an attempt to head off a backbench rebellion in a crucial Commons vote on the detention of terror suspects.
After speaking at a tense backbench meeting last night, the Home Secretary this morning made the rounds of the television and radio news studios in a determined campaign to promote her vision of terror law reform.
She is later due to table amendments to the Bill, and has promised to list in the legislation all the criteria which will now have to be met before it is possible to detain a terror suspect for 42 days.
The concerted Home Office drive to win over Labour waverers comes at a tense time for the Government, which will be further weakened if it loses next week's vote.
Gordon Brown has ruled out resigning if he loses, insisting yesterday that the vote would not be an issue of confidence. He said that the proposal would be put to Parliament “in the normal way”, meaning that it would not be a confidence vote - which would have been perilous, as the vote this morning still appeared on a knife-edge.
The Prime Minister has nonetheless put his authority on the line by refusing any concessions over the core of the 42-day detention plan.
Ministers and whips are agreed that Mr Brown is so weakened after recent setbacks that a Commons defeat would further erode his battered authority and throw the Government into turmoil. Referring to yesterday’s article by Mr Brown in The Times, in which he refused to water down the 42-day idea, a whip said: “He has decided to stand by his principles. That is all very well but we now have to save him from himself.”
As Ms Smith took her 42 days offensive to the airwaves this morning, she insisted that ministers were only proposing a “reserve power” to save having to rush legislation through Parliament at a later date.
If anti-terror officers actually wanted to use the power to hold a suspect for longer than the current 28-day limit, this would then have to be approved by a judge in individual cases.
The Home Secretary would have to go before Parliament and justify each use of the new powers, guaranteeing that all the criteria had been met, that the decision was urgent and compliant with human rights legislation.
MPs would have the power to vote to overturn their use within 30 days, or possibly even earlier.
“At the moment we are proposing it should be after 30 days, but certainly one of the things I was discussing with one of my colleagues last night was whether or not that should be brought forward," said Ms Smith, in an interview on the BBC Radio 4 Today programme.

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How comforting to see from these comments that nobody is naive enough to believe the bull we are constantly fed, the hypocritical irony of the government's suggestion would provoke laughter if were not so worryingly serious. Any hope for a universal morality in Britain is NOT held by Brown's party!
Antonio , Wolverhampton,
"we start ourselves to destroy these values and the very basis of the free society which our ancestors fought hard to create if we readily give away critical liberties, such as the right we all have not to be arbitrarily held without charge." Lord Goldsmith
David, Brighton,
Detention without charge is an affront to liberty, full stop! What is to stop the police re-detaining you at the end of the period by simply re-arresting you as soon as you walk out of the door over and over again? We have truly entered a police state in all but name with this proposal.
Adrian Ryan, Donegal, Ireland
What would have been much more useful was to spend all this time and energy bringing in much more draconian measures- to deal not with terrorists, but with knife crime- this is the final symptom of a decay of our society from lack of respect for both adults and authority. Terrorists kill less people
phil, Headley, UK
It is happening more quickly now. All our freedoms are being eroded in the name of anti-terrorism measures. When do we all get microchips implanted in our brains so that we can all be controlled by this fascist government, after all, it will keep us safe? Question is, what keeps us safe from Labour?
Babis, London, UK
This highlights the problems with those spineless back benchers for me. how hard can it be to vote with your conscience? if you have this peice of work running around subverting the democratic process then we may as well give it all up.
simon lomax, warrington, uk
If the Labour party support this measure against every good advice they are, as the public suspects, completely spineless.
judy, Liverpool, England
It's the prerogatve of all media to attack the Government officer
But it will be wrong, to distort the facts of this case? What
home secretary Jacqui Smith is asking is, what the police is
asked for, if you want police to do the job, then give them what
asked for ?
Cllr Ken Tiwari (Independent), Oxford , United Kingdom
Mr Brown, In the public interest please allow us a vote of no confidence in your government.
Ian Jones, Reading, UK
Jacqui Smith is out of her depth. What a waste of tax payers money!
steve tea, manchester, chester
BANG! BANG! BANG!
What's that noise?
Ah... it's the sound of hundreds of New Labour MPs feverishly hammering nails into the coffins of their political careers.
Keep going guys Gordon's got lots more nails for you and you've only got 2 more years to bang them all in.
Brian Drury, London Colney, England
Things are complex and you never know how to place it. She would feel shame on wooing Labour rebel.
cristiano, Wuhan, China
How long i wonder will it be before the government ups the 42 days to 3 years as it was under the inquisition?
Asrar, Birmingham, United Kingdom
This would have to be approved by Judges? Who appoints Judges? Isn't it the Government in own of it's many guises, namely the Lord Chancellor (who is appointed by Government).
If this is passed will Cameron Repeal it? You bet he won't! Or the other legislation such as council spies on rubbish etc.
Howard, Basildon, England
Another attempt to keep Brown & Labour in power with no thoughts of civil liberties or really focusing on what the voters concerns are. If only they put this much effort into allowing the police to do their jobs for all criminal acts without more red tape & spin. This Government is an embarassment.
David, London,
Nope,still not convinced. As ever they are lost in process not outcomes. The outcome of these proposals is that an individual can be jailed for 42 days without trial - this is wrong and an abuse of civil liberties. That is a principle worth fighting for - not GB's supposed toughness on terrorism.
Tony, Cardiff,
How does Jacqui Smith define a terrorist? What is to stop an innocent person being hauled in for 42 days, released then rearrested a few days later? How long before she extends these draconian measures against 'terrorists' to cover the rest of us, as the law on internet and phone records was.
mnairb, Hove, U.K.
Are the same MPs who are currently so concerned about the threat to civil liberties also concerned about the same legislation that enables some local authorities to behave, as recently revealed in The Times, like the Stasi. Or are there two types of civil liberty?
Roy, Oxon,
Why do people drive into cul-de-sacs even when they are clearly signposted?
Viktorovich, Moscow, RF
Maybe Tony should be arrested and put in jail for 42 days while they investigate his alleged terrorism.
Tim, Toronto,
"Defeat would further damage Mr. Brown.........."?
I think he is irreparably damaged and should submit to a vote of confidence.
A.Williams, Cradley Heath,
So the premise is, we have to sacrifice our civil liberties in order that Brown can stay prime minister and Labour backbenchers in office ? and we have the cheek to lecture China on democracy and human rights ! NO TO 42 DAYS.
Andrew Wakeling, London, Uk
I wish Jacqui Smith would put as much effort into her proper job of Home Secretary as she does running around trying to win votes for this bill.
mark, Birmingham, uk
Is this Jacqui Smith's finest hour?
Having persuaded a reluctant parliament to allow people to be held for 6 weeks without charge or knowledge of their error, will she look back with pride upon this event?
I don't believe that anybody could.
Mike Buckland, Kenninghall, UK
The government already has SIS, GCHQ, suspended habeas corpus, the (abused) RIPAct, ubiquitous CCTV, a rarely-used 28day rule, at its disposal. Is this Mr Brown's no confidence vote in the security services? Or something more sinister? He is sticking his neck out a VERY long way for an extra 14days.
Mike L, Chippenham, Wilts
With local councils using powers designed to counter terrorism to spy on schoolchildren and families, the government has amply demonstrated that it does not have the maturity or responsibility to be given even more powers to turn our democracy into a surveillance dictatorship. Long live liberty.
Peter, London,
How can they say "dont cause a fuss, we dont want it to seem we are arguing, so just do what we want".... Point being, they shouldn't have done it under Tony's goverment and will be rejected again under Gordons.
They shot them selves in the foot, they cannot present any evidance for this needed.
Andy T, North East, England,