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Gordon Brown appeared last night to be relying on opposition support to save himself from defeat in today’s cliffhanger vote on detaining terrorist suspects for 42 days.
Labour whips warned the Prime Minister that not enough Labour MPs were on board to guarantee him victory, as calculations by The Times suggested that at least 40 of them were determined to vote against the Government.
If all MPs from the opposition parties turned up to oppose the Government, only 34 Labour MPs would be needed to defeat it. That has left Mr Brown and the whips hoping that at least some of the minority party MPs would either not be at Westminster today for the 6pm vote or that, even at the eleventh hour, the nine Democratic Unionist MPs could be persuaded to change their stance.
In 2005 they voted against the plan to hold suspects for up to 90 days, and Downing Street admitted last night that it was not “working on the assumption” that they would help out the Government. Even so, the party appeared to be in the market for a deal. It is known that they have been spoken to by ministers and Conservative spokesmen, but no agreement appeared to be on the table last night.
In an obvious sign of the Government’s difficulties, its majority was cut to 23 last night in the first challenge to its counter-terrorism Bill. A cross-party bid to block plans for “secretive inquests” to be held without a jury in sensitive terror cases was defeated by 310 votes to 287.
Mr Brown continued to talk to Labour MPs. Some senior backbenchers believe that he deserves credit for not running away from the vote when assessments by the whips told him clearly that he was in danger of losing. Others believe that a defeat would weaken further Mr Brown’s authority.
Labour MPs admit that they are being told by whips and ministers that voting against the Government would be handing ammunition to the Tories and putting the party on the wrong side of public opinion. Polls suggest that voters support the 42-day plan. Labour MPs are also being told that they can afford to pull back from opposing the suggested detention power because it will be blocked in the House of Lords.
A few Tory MPs are known to have reservations about opposing the power but they are coming under pressure from their own whips not to throw away the chance of defeating the Government. The Conservative whips even appealed to one MP whom David Cameron recently ejected. Bob Spink, the MP for Castle Point who left the Tories after a row over his constituency, said that one of his former colleagues had asked him to help to “embarrass the Government”. Mr Spink indicated that he was considering voting for the measure, however.
The Labour whips have cancelled all leave for the vote. David Miliband, the Foreign Secretary, was brought back early from a trip to the Middle East and MPs who have been unwell have been urged to travel to Westminster.
If Mr Brown loses, he will try swiftly to turn attention to other issues. If he wins, he will be given an important breathing space in his fight to restore his reputation, but the battle over 42 days will go on in the Lords, where former Cabinet ministers are expected to carry on the opposition.

Sam Coates's blog about Westminster, politics and spin
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42 days detention without charge?! Beginning to look a lot like the American base,G'etmo / Cuba...
Kathryn, st johns, antigua
If passed this wil initially apply only to suspected terrorists. Then, in a few years it will be widened to include others. Terrorist/surveillance laws are already abused: remember the old man manhandled out of the Labour conference and charged under Terrorist Laws. 42 days should should not succeed
Donna Walker, Effingham, England
I just hope we are not DUPed into a stupid decision.
Mike L, Chippenham, Wilts
from Magna Carta in 1215 we have had 800 years of basic democracy and a law that says we cant be detained by the authorities without charge.this fascist law which Labour want to bring in means that we could be arrested and held for 6 weeks without being told why we are being detained.
ben, isle of wight, U.K
True civil liberties are upheld only if the police charge immediately upon arrest. After that the time a suspect is detained without charge is then a matter of practicalities 2 days to check figer prints? 7 days to check DNA? how many days to check hard drives and overseas connections you tell me?
Anthony J, Alton, UK
The people who support 42 days are those who are sick
of the rights of criminals being put above the rights of victims.
Those who oppose 42 days are chosing not to understand the
gravity of the threat. A few peoples inconvenience set against
1000s of dead. No contest, none at all.
Robert, Croydon, UK
Before the Iraq war popular support, as assessed by opinion polls, was very much in favour of action (70-80%). What is it now?
When reality strikes (mis-use of legislation, etc.,) what will "popular support" be then? After all the Govt was elected but in 2 yrs time?
M. Cawdery, ramone, Co. UK, EU.
What a load of tosh, for the vast majority of people you could make it 420 if necessary. Only Shami and her mates imagine that mis-parking a trolley a Tesco could lead to the detention of totally innocent muslims.
KG ( K Greenhalgh), Beauly,
If Robert Spink - UKIP's newly 'adopted' MP - votes in favour of the 42 days, then he would appear to be not endorsing his party's policy; "we regard detention without trial as an improper state of affairs". [UKIP Criminal Justice Policy 7.9].
Not having been elected as UKIP, is he bound by it?
David Moon, Seaford, Sussex
Such drastic measures for a country that had only 1 major incident. In Sri Lanka where the LTTE terrorists bomb on a daily basis & when the army rounds up people for questioning the entire world clams down & cries foul...why the hypcrisy...& double standards.
shenali waduge, colombo, sri lanka
The nation is largely oblivious to the fact that the Government's own reports state that we are not 'strategically' at risk from an imminent terrorist attack. It should be reacting to MI5's unprecendented reluctance to commit itself to the 42 day detention bill.
Mara MacSeoinin, Cambridge,
Andy We are at the top of the terorists hit list because we have
a section of the population that supports them. We are also reasonbly well off compared to a lot of the world. Nothing can fix that. We just have to look as though we have the spine to stand up to threat.
Zoe, Norwich, UK
Was not Britain the first country in the world to introduce the principle that nobody can be held without a charge and a just trial?
And 42 days without a charge is absurd: if you have reasons to arrest someone you can also charge them, if you have no charge against them why should you arrest them?
Harry, Oxford,
I despair at what's happening in this country, the powers the government is accreting are building the foundations for a future fascist state. I'm not a afraid of the so called terrorist threats, we lived through far worse in the IRA era, it's my government I'm afraid of.
Nicholas Appleton, Birmingham, England
We have had to put up with a continuous erosion of our civil liberties and have become more like the old style Soviet Union.OK so terrorism is a threat but who put us at the top of the terrorists hit list in the first place?Enough is enough-give in to this and more of the same will follow.
Andy, Bristol, UK
Of course a majority support it, Opinion polls ask a leading question, if it would keep the nation safe from terrorism, would you support the detention of terrorist suspects for 42 days? What if they asked, Do you support detaining innocent people for 6 weeks where there is no evidence to charge?
Ken Hall, Barrow in Furness, UK
I'd rather see it made possible to imprison and deport terrorist. This is where the law seems to sit most in favour of the criminal. All this naval gazing around 42 days is just a smoke screen for inactivity.
CA, Manchester, UK
How strongly do those in favour of 42 days support it? Would they change their vote at a general election if the government changed its position on the matter? With most comments being in opposition to 42 days, I wonder if the popular "support" for it really amounts to anything much at all.
Simon, Brentwood, UK
Who are those in favour of the 42 days detention without charge? Do they really understand the question./
If the poll result is correct and the government get their way then the UK deserves the fascist rule that will inevitably follow.
Bernard, Edinburgh, Scotland