Sam Coates, Chief Political Correspondent
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Plans to give police up to 42 days to question terrorism suspects were crushed by the House of Lords last night, halting a three-year, high-wire political battle begun in the aftermath of the 7/7 bombings.
The Government conceded defeat after peers voted against the measure by 309 votes to 118 – the biggest loss since hereditary peers were forced to give up their seats in 1999 – and in a humiliating climbdown announced that the provision would be removed from the Counter-Terrorism Bill.
This came after opposition to the proposals from all quarters, with 24 Labour rebels including two former Lord Chancellors, Lord Irvine of Lairg and Lord Falconer of Thoroton, as well as Baroness Manningham-Buller, the former head of MI5, Lord Justice Woolf, the former Lord Chief Justice, and Lord Condon, the former Metropolitan Police Commissioner.
The Government moved swiftly to limit its embarrassment and in an emergency Commons statement last night, Jacqui Smith, the Home Secretary, announced that the 42-day proposal would be published in a separate draft Bill that could be voted on in the event of a national emergency.
But Home Office sources said last night that this one-page Bill would simply increase the time limit for detaining terrorist suspects and not include all of the “bells and whistles” – Parliamentary safeguards that became the subject of much controversy.
Dominic Grieve, the Shadow Home Secretary, called the proposed legislation “one of the most bizarre things I have ever read”, saying that spin-doctors had prevented Ms Smith from “saying in straightforward terms that she is abandoning 42 days”.
Last night’s defeat came five months after Gordon Brown put his authority on the line to get the vote through the Commons, winning by a majority of nine.
Ms Smith insisted that the Government was not conceding defeat on the measure, and accused critics of “being prepared to ignore the terrorist threat for fear of taking a tough but necessary decision”.
The Times revealed last week that the Government had decided against using the Parliament Act to force the Bill through the Lords last night. Government sources say that such a move would delay the whole Counter-Terrorism Bill by up to a year.
Apart from the provisions for 42 days, the Bill contained powers to enable postcharge questioning of terrorist suspects and allowed courts to draw adverse inferences from silence. It also imposed requirements on people convicted of terrorist offences to let authorities know where they were living.
The rest of the Bill is likely to be passed by the end of this year, having already completed all its stages in the Commons. Labour sources indicated that the 42-day provision was likely to appear in the next manifesto, insisting that “we need this power”.
Mr Brown was warned last night that he would not be able to push the special legislation through Parliament.
Shami Chakrabarti, the director of Liberty, said: “Liberty has been overwhelmed by public and parliamentary support for our campaign against this divisive measure. If this or any future government tries again, rest assured that we will be ready.”
Attempts to strike out the 42-day proposal were led by Lord Dear, the former Chief Constable of the West Midlands, and backed by a cross-party alliance of Baroness Neville-Jones, the Conservative peer, Baroness Mallalieu (Labour) and the Liberal Democrat Lord Thomas of Gresford. Lord Dear told peers that there was “no evidence to date” that the existing 28-day limit had been insufficient. Most suspects had been charged within 14 days.
“There is almost universal opposition to what the Government proposes,” Lord Dear argued. “It almost beggars belief that any administration could embark on such a course.”
Lady Neville-Jones, the Tory home affairs spokeswoman, condemned the Government’s plans as “unnecessary, undesirable and unworkable”.

Sam Coates's blog about Westminster, politics and spin
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42 is verging on a totalitarian border. If it had gone through there wouldve been little difference between the UK & any third world dictatorship where people are thrown in jail for weeks on mere suspicion.Such policies come from weak politicians who do not believe in freedom & seek to control more.
heath, surrey , England
28 day detention is not used, so why try to extend it to 42 days? It serves no useful purpose except to pander to the tabloid headlines. It serves no useful function except appearing to be busy whilst not doing anything about helping current investigations.
garryq, sunderland, uk
The House of Lords, the name itself is a misnomer in this day and age. Its time they abolished this asinine body of people who are not in touch with reality. They live in their own world . No wonder they rejected a very valuable piece of legislation as they are not in touch with reality.
Faqi , London, UK
Brown used terrorist laws against Iceland.
Who knows what he will use them for next.
Our country becomes more Stalinist by the day.
Dave Smith, Geneva, CH
The Upper House has again reminded the world what makes British democracy superior. With a government flush with power, the Lords stepped in wisely and rationally to deny the 42-day detention rule. They also reminded us that unfettered power residing in the government usually harms us all.
Samir Kaiser, Cambridge,, England
This vote is precisely why the House of Lords should be scrapped. A bunch of unelected
pensioners, some clearly senile, living in a bygone age and completely incapable of grasping new realities. Undemocratic, arrogant, and outdated. Bin the lot of them.
Simon , London, UK
NuLab was always more about (minority) rights than (majority) liberties. Maybe this is the first step on the long road back.
Dave, Slough,
The impingement of even one persons rights does ultimately have disastrous impact on the rights of all persons. The brighter path of equal justice for all of God's creation has the proof of time and experience, and concerns the building of civilization.
Justice not blind, is justice for none...
Byron Flattery, Breckonridge Quay, U.K.
Mr. Brown and his pack has been humiliating the British nation for far to long. I cross my fingers he will have it on his own skin soon.
S af Ugglas, NYHAMNSLÄGE, Sweden
Thank god for the Lords, bowdlerized or not. They are a vital check on the excesses of government, especially this bunch of bullying thugs.
Billy Barnett, HK,
A victory for common sense, decency and good law.
42 days detention without charge would have put us in the same cesspit as Mugabe, Saddam Hussein and those that think Guantanamo is acceptable in a civilised society.
I also think its a very good augument for the House of Lords, who have done a very good job of keeping government in its place.
Peter Lovatt, Birmingham, UK
Every time I wonder at the complexities of the English form of Government, your wise and civil ligislators exhibit the brilliance of mind and simple precision of purpose that now excape our legislatures. There is much to be envied and admired in the simple logic applied to your deliberations.
Peter Altmeyer, Palm Harbor, FL, USA
Nick: the police support means nothing to me, i was once stripped searched under terrorism powers, ok they didn't detain me for 42 days but that shows how the police like having the power at their finger tips even if they don't need it, like there was no need to stop and search me under that law
reki, london, uk
With modern technologies such as the internet and international criminal databases, if the police conducted investigations as thorough and quickly as they are capable of and expected to do so, rather than a sub-division of the 'Keystone Cops' , then the current 28 days should be more than adequate.
Jason, Huddersfield, United Kingdom
Indeed, John of Brum, should it ever come to popular dissent on the scale seen in eastern Europe, we should all be aware exactly the fate that awaits us should the government of the day wish to crush all opposition.
John Walter, bonn, germany
Look at what happened to poor Gary McKinnon? The rushed one-sided extradition law was not designed for someone like him - a vulnerable adult with a recognised disability - Asperger's syndrome! But it's the poor victims like him who get caught in those inhumane laws. The real terrorists slip by
Richard, Liverpool, UK
The 42 days extension would not have deprived people of thier civil liberties as it would have only come into use in exceptional circumstances and would have needed approval from numerous authorities, including parliament. The police also supported the bill, showing its relevance to investigations.
Nick, London,
people should look at what the law describes a "terrorist", for there own good, memories arise for the jews , when the german law changed people followed suit, in the end did the jews deserve their unjust treatment, one day we could be labelled terrorists for standing up to a corrupt government
john, birmingham,