Philip Webster, Political Editor
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If David Davis's aim was to take the shine off the restrained Labour celebrations over the 42-day terror vote, then he has probably succeeded. But as news of his shock resignation spread around Westminster this lunchtime it was Labour MPs, and not their Tory counterparts, who had a spring in their step. One told me: "Here we are on the ropes and he goes and does this. Gordon must be in seventh heaven."
Nothing is predictable in politics and the Shadow Home Secretary's decision was one of the most unpredictable ever. His friends called it brave. Other Conservative MPs called it mad. "Has he flipped?" was a question doing the rounds in all the corridors. It's quite obvious that his decision did not please David Cameron, who was told about it on the telephone some time after last night's vote. He tried to talk Mr Davis out of it, but his mind was made up. To him the loss of ancient freedoms has become such an issue that it transcends all others and he is going to fight a by-election on it.
Who – if anyone – will fight against him is not yet clear. He secured a promise from Nick Clegg, the Liberal Democrat leader, that they would not put up a candidate against him because they take the same line on 42-day detention. Labour seems highly unlikely to fight, but will keep the Tories guessing until Mr Davis has formally resigned.
Mr Cameron meanwhile has appointed a new Shadow Home Secretary in Dominic Grieve and made plain that he is not a stopgap. Mr Davis will not walk back into the Shadow Cabinet after his certain re-election next month.
Mr Davis's friends say that he is doing what he is doing to give fresh justification to the Lords if they decide to block the 42 day plan. Peers are widely expected to defeat the measure, but will they provoke a constitutional confrontation by refusing repeatedly to allow the Bill through after it has ping-ponged between both Houses? That would mean the Government had to force the Bill through using the Parliament Act next year. "If David comes back with a big majority having stood solely against 42 days they (the Lords) can feel they have complete democratic legitimacy," a friend of Mr Davis said.
The Tory conspiracy theorists see a more sinister motive, wondering whether Mr Davis, who has twice been thwarted in bids for the leadership, is positioning himself for a third try if anything goes wrong for Mr Cameron. Is he doing a Heseltine, some MPs are asking, referring to another age when Michael Heseltine left the Cabinet over Westland to leave himself ready for a challenge for the leadership.
But Tory MPs are doubtful over what the impact may be of a by-election where there is only one candidate from the main parties. Mr Davis will get some publicity in the early days of the campaign, and is dominating the airwaves today. But the campaign may rather quickly become boring. Perhaps an independent candidate will spring up from somewhere to back the 42 day power. But even though the polls suggest the public favours 42 days, Mr Davis, as the sitting MP, would be expected to get back with a massive majority.
Today is one of Mr Brown's best days for some time and one of the least comfortable of Mr Cameron's leadership . "Davis has shot us in the foot," one senior Tory told me.

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Well done Mr Davis. The Labour party seems to distrust and fear the general public - not so surprising as we kept them out of power for 16 years. Give us our country back. I'm voting Tory next time (former Labour/Lib Dem voter)
Susanna, Neston, UK
isn't this what terrorism tries to do? erode the civil liberties long associated with western civilization? shouldn't this be considered a battle that they have one? this is a foolish misguided decision and I support David Davis' actions.
Alex, London, England
What we need now is for the rest of the Conservative Party to follow suit and force by-elections in every constituency in the country that they currently hold.
Brown and Labour would be forced out of office by the over-whelming support for the Tories (apart from Derek Conway and a few others)
MarkS, Leeds,
Detention without charge:-
GERMANY- 48 hours, then a warrant for investigative custody - can take many months to bring charges
FRANCE- 4 days questioning, then transfer to investigating judge. Detention for years, but can appeal
SPAIN- 5 days of preventative arrest. Custody possibly for years
ian, Chester,
David Davis is doing the right thing. If anyone knows how to contact him or his election team directly please let me know. I want to help in any way I can.
Maureen O'Brien, Ilford,
Pathetic! To say DD "shot us" in the foot shows how totally out of touch some are. We're sick of Labour taxing us to death, ordering us not to smoke, not to drink, not to buy cars, park them, giving the State huge extra powers to snoop and investigate us. These powers WILL be abused.
Robert Reynolds, Halifax, UK
The majority also support capital punishment, perhaps if Gordon Brown is looking to the majority he should bring back hanging, even better throat cutting!
I would be very happy to vote Tory - for the first time - if I lived in Mr Davis' constituency. Why are the Liberals not opposing him?
Andrew Graham, London, UK
I applaud what david Davis has done. How many politicians today are prepared to stand up for their beliefs ? How many are prepared to put their careers in jeopardy in defence of our liberties ? What is the point of ruinous wars in Basra and Afghanistan in order to bring democracy, only to lose ours
Marilyn Lawrence, Cockermouth, Cumbia
I fully support David Davis in his stand a gainst the shameful erosion of our civil liberties. If some Tory MP's really do regard his actions as regrettable, they are by definition, unprincipled and unfit ever to be elected to office.
Jon Anderson, Farnham, UK
The enablement of senior, politically manipulative person or persons to imprison people for 6 weeks for alleged offences is intolerable in a free society.
And this contest between our two oppositions (press and Torys) manifests the house of commons' irrelevance.
We are going the wrong way.
Nick Korbey, Lymington, England
"Shot in the foot" - NO- a "kick up the backside" for the Torys and a "shot across the bows" for Labour - YES.................. Brilliant!!
winstonian, Darlington, UK
I wish I was in David Davis's constituency so I could vote for him! A Politician with principles at last! It is shameful to call it a 'gimick' It seems that for him, the vote last night was the last straw in the erosion of our civil liberties. Why are so many blind to what is happening? Wake up!
Hilary Murray, Bala, Wales
"67% of the population who support 42 days"
That just shows the lack of understanding most people have of the foundations that built the society they live in. Is it elitist to say that? Sure. But true? You bet it is. Davis' challange is to increase understanding; I believe that is a noble cause.
Dave Williams, Beijing, China
I don't recall a more foolish politician.
Pretended integrity! Not really standing up for something he genuinely believes in!
If it was principle on 42 days why not resign over 28?
What a joke.
I just hope the Times and other sections of the media see this sideshow as the patomime it is.
Melanie King, Birmingham, England
Following on from my previous comment..........I may sound sceptical but frankly the Country could have been better served if David had put his own principles to one side until they have won the Election. His actions might thwart their chances in which case what has anyone gained?
Just a thought
Anne Kent, Dorset,
It was not David Davis that shot the Conservatives in the foot it was a gutless David Cameron. Today we saw the emergence of a future Prime minister. We are the nation of the free and object to being spied on and threatened with arrest without charge.True Brits must stand up behind DD and be counted
J Nowland, Leeds, United Kingdom
cant help but notice i've never seen phil webster and alistair darlilng in the same room.
two men - one pair of stick-on comedy eyebrows.
stever, london,
Lets hope someone stands against him who represents the views of the 67% of the population who support 42 days.
The rank and file Conservatives I know ,fully support 42 days.
He is playing gesture politics
John , Preston,
He's very ambitious. He thinks Cameron will be PM next but will fail due to the ongoing problems with the global economy/ Credit Crunch/ Peak Oil price rises etc etc. The he'll launch his leadership challenge, say 2 years into Cameron's stint as PM. Plausible?
P. Williams, London, England
It is sad that some people consider the cost of an election when such great matters are at stake.If one reads the rise of national socialism in pre World War 2 Germany, uncanny parallels can be drawn with modern Britain.
If a law is abusable it will be abused. Common sense and sanity must prevail.
J Nowland, Leeds, United Kingdom
I don't think I've ever been so impressed by a politician.
Actual integrity! Actually standing up for something he believes in!
I just hope the Times and other sections of the media actually engage with these vital issues instead of treating this as a pantomime.
Bill Withers, Bristol,
In a few days I wonder if David will reflect on the enormity and futility of his actions? If his motives are what he proclaims he was in the best position where he was to change things!
It is as though he has self destructiveness within. Last time he unnecessarily flunked his speech.
Anne Kent, Dorset,
Odd how much more interesting are the comments on the various sites than the entirely predictable idiot games playin of politicians and pundits.
Jeremy James, St Maurice, France
God bless David Davis. This is an Englishman to be proud of. At long last.
Shame on those Labour MPs who sold us out for the career of an unelected Scotsman, who has no business to be meddling in English laws.
Magna Carta is almost 1,000 years old. Gordon Brown destroyed it in less than 1 year.
Helen Wright, Yorkshire, England
Yes he's flipped. I just wish a few more would. The public did a while ago, but I suppose it takes time for the real world to penetrate the bubble inhabited by MPs and political commentators.
Good on you Double D.
Frank Gordon, Northampton, UK
I can't see what will be gained for the Tories, the defeat of the bill or Davis' chances of future party leadership. Fair play if this is what he truly believes is the right thing to do but what will he do when the next Labour outrage on democracy occurs, and one will occur, they have 2 years left!
Stewart, London,
He's just got integrity - thats all !!! Something most MP's don't understand or recognise in todays world !!!!
ian payne, walsall,
I find it really ssad that so many contributors on here (and elsewhere in The Times) are more concerned about the cost of a by-election than they are about the assault on our civil liberties. Yeah, that's right they have nothing to hide! Well done Mr Davis - had my vote Conservative leader.
Dr Ian Burgess, Bristol,
Benjamin Franklin said, 'When an nation prefers security to liberty, it deserves neither'. Good on you, David Davis!
Chris, Portsmouth, UK
Well done David Davis. The London media have no idea of the anger people feel about the erosion of their civil liberties.
This is about more than petty Westminster politics.
As a Scottish nationalist I am delighted that a true English patriot has stood up for all our freedoms.
Alasdair MacGregor, Skye, Alba
I fully support David Davis. The news media are so out of touch with everyday British people and the utter frustration we feel. I've written to Mr. Davis and pledged him money and moral support.
A few hundred thousand quid to support our 800 year old liberties is cheap at the price.
Greg, London, UK
Is this a sign of over-confidence following the London Mayoral election win?
Jagadish, Bromley, UK
If the bi-election is to be a ballot on the 42 day issue, then its got long way to go before Mr Davies can make that claim. Eitherway, what one constituency thinks is not a reflection on the national belief; and a bi-election can never be non partizan. If nobody stands against him people will laugh.
Calum Higgins, Carmarthen,
Wow! A politician of principle who wishes to use a by-election to openly debate extensively the inept yet dangerous surveillance/authoritian society that NuLab is building around us. Those who keep mutteting about the cost to taxpayers need reminding about the billions Labour is wasting.
David , London, UK
Well done David Davis and shame on all the media hacks, so wrapped up in the weird world of Westminster that they've forgotten how desperate normal people are for politicians who actually believe in something.
Will Sheward, Camberley, UK
"The power of the Executive to cast a man into prison
without formulating any charge known to the law, and
particularly to deny him the judgment of his peers,
is in the highest degree odious and is the foundation
of all totalitarian government whether Nazi or Communist."
Churchill.
Chaz, London, England
"Yes very brave and noble; but how much will this stunt cost taxpayers?" Fortunately having left these shores a few years ago I cannot fail to be bemused by people who are obviously accountants and who seem to know the cost of everything but yet know the value of apparently nothing. Get real!
Francis, Geneva,
I back David Davis 100%. The British have fought and died in countless wars to protect the liberties that so many other countries around the world admire. Now, under Labour, those liberties are being given away quietly. It's time that this was highlighted, and it's time that people woke up.
E Davis, Staines, UK
I always wanted David Davies as leader of the conservative Party. He is an honest man as politicians go, and the speech which he was hoping to make in parliament was the speech of a man who is a true Englishman, and a man of honour.
What he said in his TV presentation exactly mirrored my feelings
phil de Buquet, Newport,
I take my hat off the the man who stands up to an increasingly authoritarian governement that seems determined to undermine our civil liberties, this is a blatent violation of the Magna Carte a corner stone to our constitution . What will come next? the loss of our right to trial by jury?
Matt Bennett, Worcestershire, UK
Gosh, a Member of Parliament acting with an independent streak; the politics industry and the commentators are horrified!
B James, Clifton, UK
Labour should not put a candidate up as this whole issue is a fiasco and another stunt.Why should Labour waste the money on fighting an election.Cameron is the problem as he never ever clearly defines his policies.Another example of this is European Treaty Policy.
Bill Rees, Truro, Cornwall
Can anyone out there prove that Gordon Brown offered bribes to MPs? If speculation is presented as fact then what hope do we have in civil liberties we hold so dear.?Gordon Brown has been accused of all crimes and blamed for nearly everything bad, with no proof. Does GB have any rights?
Tonye, Dalgety Bay, Fife, United Kingdom
No he hasen't flipped, the Labour Party are now becoming
dangerous, taking away our freedom, forming an East-German
surveillance state, forcing us ever deeper into a new nation
called Europe. They are Godless-Atheists and like there
Soviet brothers are now attacking our freedom.
Roger, Weymouth, England
The entire argument over 42 days' detention is a distraction from what the government is really up to. Today (June 12), the BBC reported on its web site that, "In July 2008 Osman and three other men were jailed for life for the failed attacks [on 21/7]."
Now, that's scary.
Nigel Searle, Venice, USA
I like David Davis.Lets hope the BNP are the only party that stands against him- and the public resoundingly vote them in.They are the only party who truly represent the British people.
peter mac, leeds, uk
Davis has shown that he has some political principles. This is a matter of crucial importance so he has done the right thing.
The fact our unprincipled hacks don't understand it shows how unusual it is for someone to take a political stand, on anything.
Joe Middleton, Edinburgh, Scotland
"Labour seems highly unlikely to fight"
But if Labour don't field a candidate, surely they are by default accepting that 42 days is wrong, by allowing a candidate who is standing on this issue to stand unopposed. Which presumably is David Davis's objective.
Alan, Northampton,
Mr Brown doesn't really support 42 days' detention and Mr Cameron doesn't really oppose it. Mr Davis' tactic seems to be to force Mr Cameron into a more extreme position than he actually holds, in the hope of ultimately weakening him.
However the pro-detention vote might be larger than he expects.
Malcolm McLean, Bradford, UK
How sad that no Labour MP has resigned over this travesty. The House of Lords must delay and keep delaying this bill, because it is just plain wrong. Thousands of British and American lives have been sacrificed in the cause of freedom, not tyranny.
Jay Peterson, Philadelphia, USA
A principled MP - of course they think he's flipped
David, Bromley,
Forget the politics about it. Anyone who thinks he's 'flipped' clearly isn't paying attention. David Davies is doing what all politicians should do - standing up for his principles. In my view that makes him something of a political hero.
Jonathan Potter, Leicester, England
Outside of the Westminster bubble and I think you'll find a sense of relief amongst many that there are MP's with backbone out there. Surverys always show the public wants conviction politicians. Well here we have one. Good show.
Andy Jones, Cheltenham, UK
Wow, quite a step, but great to see this outrageous legislation being challenged. This 42-day law has been pushed through purely to boister Gordon Brown's ego - the failure of Labour MPs to oppose this huge infringement of our personal freedoms is a disgrace. Well done Davis, brave move.
Simon, High Wycombe, UK
I applaud David Davies, when one thinks the sacrifice people have made in the history of Britain. This is the least some people should do. The Tory party MP's should have applied for re-election on the further integration into Europe with a mendacious, promise vote by this discredited Government .
A Walton, Leicester, England
Churchill and Chamberlain.
Noel Falconer, COUIZA, France
A coronation by-election in a safe Tory seat is not a selfless risk, a protest to highlight a matter of principle; it's a pantomime stunt. Nick Clegg should undoubtedly put up a candidate; the Lib Dems are the natural party of liberty and it would be a travesty to let Davis steal our clothes.
AT, Wakefield,
David Davis is an oprtunist. He would not have resigned for the same if the tories were to be trailling behind labour in the opinion polls.
I cannot take such opportunistic politicians seriously.
Q Barnor, Epsom, UK
Why do the lefties see this as evidence Davies has gone mad. Perhaps they have become so used to New Labour and the pork barrel anything decent is insanity.
RICHARD, Haddenham,
David Davis should be lauded as a national hero for doing this. I'm very impressed and fully supportive of his stance.
Wesley Williams, Milton Keynes, England
Don't most dyed in the wool Tories think extended periods of detention is what is needed? Perhaps a real Tory candidate could be put up against attention seeking politician.
Charles, Cleator Moor,
Is this the David Davis who supported Clause 28 and who would repeal the Human Rights Act? Curiouser and curiouser....
Simon Fielding, Glos, UK
A brave man, and one of great integrity. A true rarity in the days of sheepish MP's blindly following the party line. Bravo.
Ross Liversidge, Ripon, UK
At last an MP who is prepared to stand up for his beliefs.
J. Wilkes, Gloucester,
Whay a glorious moment. A politician actually championing public, not Party - even though many voters want the 42 days. But then they'd have capital punishment back, too. The right to peaceful protest - all of it - will now c into the public arena and be discussed. The man has given us a voice.
Gillian Booth, Glastonbury, England
Yes very brave and noble; but how much will this stunt cost taxpayers?
Gareth Kitching, Swanage, UK
Millions have been fined without the right to trial by jury.
People are imprisoned by the government without a good reason being supplied to a judge. Are they so illiterate that they can't give their reason .How would you feel if you were locked up for 42 days for no good reason?
He is right.
Brian Gilbert, HAMPTON, Middx
David Davis is absoolutely right but he doesn't go far enough.
He should question the promised referendum on the Lisbon Treaty.
It will be interesting to note those tories who attack Mr Davis.
Deselect the lot! With no understanding of our ancient liberties they are not conservative at all.
Elizabeth, Herts, England
David Davis acts with conviction & integrity on a matter of principle for which he cares passionately. Great!
Brown claims to act on principle whilst sexing up the threat, offering concessions & (taxpayer!) bribes for political gain whilst sacrificing our basic human rights & freedoms! Shameful!
Tony, London, UK
David Davis is receiving widespread support among the general public for his brave and lone stance against the government and for civil liberties. This resignation will ensure that the 42 days fiasco will stay in the public mind for weeks, along with ID cards, DNA database, and CCTV. Excellent!
Mike Mitchell, Spalding, England