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to read the full text of Lord Carlile's report on the Terrorism Bill TONY BLAIR’S controversial detention plans for terror suspects may breach human rights laws, the Government’s own anti-terror watchdog said yesterday.
In a second blow to the Government, a Foreign Office dossier on how other countries deal with terrorist suspects undermined ministerial suggestions that Britain was currently out of line with key EU allies.
The warning from Lord Carlile of Berriew, QC, that the powers may be vulnerable to a challenge under human rights laws reflects concerns understood to be felt by Lord Goldsmith, QC, the Attorney General.
Lord Carlile made his view clear as the Government published a Terrorism Bill and measures to make it easier to order the deportation of people with dual British citizenship.
Ministers will be able to strip individuals with dual nationality of their British citizenship if it is necessary “for the public good” rather than having to prove they have done something seriously prejudicial to Britain’s vital interests.
Lord Carlile also expressed “real concern” about the detention of nine international terrorist suspects, held in top security prisons, after being told that they are to be deported on the grounds of national security.
The nine, formerly known as the Belmarsh detainees, were placed under a form of house arrest earlier this year after the Law Lords ruled their detention illegal.
Lord Carlile said that in effect they had had their detention without charge reinstated by Charles Clarke’s decision to detain them pending deportation in August.
But his biggest warning to the Government came in remarks on the plans to allow terror suspects to be held without charge for up to three months.
“I question whether what is proposed in the Bill would be proof to challenge under the Human Rights Act given the length of extended detention envisaged,” he said.
He outlined a number of measures for much greater judicial oversight and involvement in detention to make the 90-day plan compatible with human rights laws.
Hazel Blears, the police minister, insisted that Home Office officials had looked at the proposal and believed that it was compatible with human rights laws. She told a press conference for the Terrorism Bill: “It is right that people question and probe these issues, but the three-month period is what the police and security service say is necessary.”
Lord Carlile also said that the proposed offence of undergoing or providing terrorist training may be “more extensive than required”, and that plans announced last week to give police powers to close places of worship including mosques needed careful examination.
Earlier Jack Straw, the Foreign Secretary, published a dossier of how other countries deal with terror suspects, which had been expected to back up the Government’s case.But Mark Oaten, the Liberal Democrat home affairs spokesman, said that it undermined the ministers’ arguments.
The round-up of terror laws in ten Western countries focused on how long suspects can be detained pending criminal charges and how other countries deport them.
Asked if she agreed that the document showed British police would be given more powers than in any other country, Ms Blears said: “No, I think it would be unfair to make direct comparisons between our legal system and other legal systems.
“The document is useful in showing us an illustration of how different countries approach these difficult issues but it’s then not fair to say that our police are going to have Draconian powers.”
Officials acknowledged that none of the other countries surveyed had powers to detain suspects for up to three months.
The dossier showed, for example, that in France the maximum detention period pre-charge is four days and in Spain 13 days, but in both countries suspects can then be held for up to four years before trial.
However, officials said that Britain could not be directly compared with other countries because in Britain, unlike other countries, the police could not question a suspect after they had been charged.
A Foreign Office official said: “Once the 14-day period is exceeded the barrier comes down and the police can no longer question somebody once they have been charged.”
David Davis, the Shadow Home Secretary, said: “This dossier shows that the case for detention without trial for 90 days still has not been made.”
HOW THEY COMPARE
Anti-Terrorist detention laws in the West
AUSTRALIA
Terrorist suspects can be held for up to 168 hours under special security warrant
CANADA
Non-citizens can be detained with case reviewed every six months
FRANCE
Suspects can be held for up to two years for offences punishable by 10 years or less, and up to four years for crimes punishable by more than 10 years
GERMANY
Suspects must be brought to court the day after their arrest
GREECE
Suspects must be brought before a public prosecutor within 24 hours of arrest. Arrested suspects have five days to appeal detention. Can be held up 18 months
ITALY
Foreign terror suspects can be expelled “immediately” if they pose a security risk
NORWAY
Terror suspect can be held for 48 hours, but remain in custody indefinitely with court approval
SPAIN
Terror suspects can be held incommunicado for 72 hours before being released or prosecuted. Suspect can be held for up to two years after being charged
SWEDEN
Information not included in report
THE US
Foreign terror suspects detained in America must be charged or face deportation within seven days of arrest. Can be held for up to six months if they threaten national security
Source: Foreign and Commonwealth Office
