Jonathan Oliver Political Editor
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ONE of Tony Blair’s closest political allies, Lord Falconer, has pledged to lead the Lords revolt against Gordon Brown’s flagship antiterror measures, if MPs back the prime minister this week.
On the eve of the knife-edge Commons vote on plans to extend detention without trial to 42 days, the former lord chancellor warned that the bill was “unacceptable”.
Falconer, who was once Blair’s flatmate, said that ministers’ concessions adding new legal safeguards had not gone far enough. “It doesn’t look like the amendments quite do the job,” he said last night.
Brown was this weekend planning further concessions to appease Labour rebels who fear that innocent people could be detained.
Ministers are set to agree to rebel demands of financial compensation for terrorist suspects detained under the 42-day provision but later released without charge.
Innocent detainees would be entitled to claim up to £3,000 for each day spent in jail, under the proposal being considered by No 10 this weekend.
MPs representing Muslim communities warn that anyone detained under the antiterror measures would see their reputations and careers destroyed because of the inevitable publicity that would surround their case.
Mohammad Sarwar, Labour MP for Glasgow Central, said: “I am concerned that some people are held for 42 days and let out without charge. There has to be a compensation package.” Khalid Mahmood, MP for Birmingham Perry Barr, said: “If a mistake is made it is important that compensation is available. This would provide an added safeguard.”
Falconer’s opposition to the legislation will stiffen the resolve of critics in the Lords. The former cabinet minister was one of the architects of Blair’s earlier, more draconian plan to hold terrorism suspects without charge for up to 90 days, which was rejected by MPs.
However he believes that an “artificial” limit is no longer needed because the threshold for when charges can be brought has been lowered.
“If we win narrowly in the Commons we have to accept that our chances of pushing it through the Lords are now close to zero,” said a senior Labour figure in the Lords. “There is heavyweight opposition on all sides.”
If Brown fails to win over the rebels and suffers a Commons defeat, the future his own leadership will inevitably come under the spotlight.

Sam Coates's blog about Westminster, politics and spin
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So our democracy has come to this? We rely on the Lords, not our elected representatives in the Commons, to safeguard our freedoms and rights?
I still hope the rebels will win in the Commons, and that it'll be a first step in turning the tide back and restoring our rights and freedoms.
Simon, Brentwood, UK
How to compensate those locked up without charge then released due to innocence? How about an additional levy on speeding fines to pay for it. £60 fine for speeding and then a top up levy towards anti-terrorism measures?
Oops, they do this already for victims of domestic violence!!!
Nigel Wroe, Doncaster, Yorkshire
Let's hope Falconer does more than just destroy 42 days, let's hope he somehow manages to cut the period to less than the current 28 days. Holding people for a month wihtout charge is Orwellian and undemocratic.
Rowan, Oxford,
The defeat of this oppressive bill bodes well not only for the home of the Magna Carta, but also for the terror-panic stricken Canada and the US - both of whom I hope to see the beginning of the restoration to common sense and sanity to our countries' laws.
Gishere joan, phoenix, United States
The defeat of this oppressive bill bodes well not only for the home of the Magna Carta, but also for the terror-panic stricken Canada and the US - both of whom I hope to see the beginning of the restoration to common sense and sanity to our countries' laws.
Gishere joan, phoenix, United States
So what does my Lord Falconer require by way of appeasement to his public spirited New Labour conscience?
Something substantial, no doubt.
Is it not terrible to be so cynical of New Labour's convoluted contortions? Not really, it's to be expected. How is it possible to be otherwise?
Tom McAlister, sent to Coventry,
"Innocent detainees would be entitled to claim up to £3,000 for each day spent in jail" - is this the going rate for 30 piece of silver? I had thought the debate was about civil liberties, not money...
Peter K, London,
Stop bringing them into the country by vetting all immigrants more throughly - that might be a start Mr Brown !!!!!
ian payne, walsall,
We once saw the Police use anti-terrorist legislation to detain an elderly heckler at a Labour Party Conference. The man was a danger to nobody, and the subsequent "apology" by Blair only came after the Press exposed the disgraceful way this man had been treated. That's how legislation is abused.
Neil, Gloucestershire, England
The best way out of the mess Gordon and Jackie Smith have created is to scrap it or vote it down. Labour rebels and other MPs should put our historic liberties before Gordon's posturing. Interesting that Falconer will lead the revolt in the Lords .... where was he when Bliar was proposing 90 days?
Donna Walker, Effingham, England
The point Mrs. Hyde-Hartley makes demonstrates that she's capable of lateral thinking, and awareness of the unforeseen consequences of this disgraceful bill. Our government seems incapable of doing so, and demonstrates that with every law they make, they think only of headlines. They have to go.
Andy, Hamilton, South Lanarkshire
The proposal being considered by No 10 this weekend might encourage all kinds of nutters to pretend to be terrorists, creating fake networks and wasting public resources just to get at the "compensation cow".
42 day detention must be practically perfect, it must be used correctly or not at all..
Mrs.Josephine Hyde-Hartley, Bacup, UK
Isn't Falconer wonderful: when he sat as an unelelected cabinet member under Blair, the government could never do anything wrong. But now he's out; behold Charly Falconer - the Cnoscience of Paliament & Defender of Freedom.
What a humbug!
Robert, Hull, East Yorkshire