IN June, the Government will try to get legislation through the House of Commons which will lengthen, from 28 days to a maximum of 42 days, the time the police can keep a terrorist suspect in custody before charging the individual concerned.
They term this a "reserve power", which they say will only be used sparingly but which they, nevertheless, insist is essential to combat the current terrorist threat. Along with the Liberal Democrats, the Conservative Party strongly oppose this furth
er erosion of the liberty of the person, and we shall vote against.
Our disagreement with the Government is not based on any difference of view over the seriousness of the terrorist threat to this country. We support the Government's measures to strengthen the ability of the intelligence services and the police to protect us.
As Shadow Security Minister, I take the delivery of security to the British people very seriously. I want to see stronger protection at our borders than we are currently getting and a consistent policy of refusing entry to individuals who proselytise violence or extremism.
But we need to be very chary of seeking to protect ourselves by stamping on the very things we want to defend: the fundamental freedoms which make our society worth living in and which we hold up to others as a model to follow. This would be to fall into the very trap being set by the terrorists.
This is not the first time this Government has attempted to
curtail one of the most fundamental of our liberties. Readers will recall that when Tony Blair was Prime Minister, Labour tried to extend the period of pre-charge detention to 90 days. He could not even convince his own backbenchers and the proposal was voted down – his first big Parliamentary defeat. Labour backbenches are in turmoil once again – with good reason since government spokesmen are unable to present hard evidence to support their position.
Instead, they resort to citing hypothetical scenarios. They imagine complex cases with many suspects, multiple locations, foreign languages and dependence on foreign intelligence sources where early arrests are vital to disrupt a plot. But we have had one of these in real life which was successfully prevented through the good work done by our intelligence agencies and police.
The investigation into the alleged plot of 2006 to attack 10 airlines at Heathrow was the single biggest in British history and yet the police were able to charge everyone within 28 days. The most serious charges were laid within 21 days. Five people were held until the 28th day. Two were charged with lesser offences on evidence that was, we understand, obtained well before 28 days. Three other innocent men were held for 28 days.
It has been argued that there could be circumstances in which the police were convinced someone was guilty but did
not have all the evidence assembled. There are powers available for this situation, including control orders. But in any case, the criterion for charge is not absolute certainly but reasonable suspicion and the Director of Public Prosecutions, whose job it is to bring such cases to court, has said that in terrorist cases it is not necessary before charging to apply the normal guideline of a 51 per cent probability of conviction.
Faced with widespread scepticism about the justification for their proposed "reserve power", the Government has dreamt up Doomsday scenes of not one, but five simultaneous Heathrow plots aimed
at bringing down 50 aircraft. "We could be overwhelmed," a Minister
has said.
In such an extreme event, which would certainly constitute a national emergency, the Government already has the necessary powers in the
Civil Contingencies Act which allows for a maximum detention period of 58 days.
So the Government has not made a case that stands up to scrutiny. Other comparable countries which also face a terrorist threat are not going down this road. Australia allows a maximum of 12 days detention
without charge and the United States only two. It was not so long ago that the UK had seven days maximum. Neither the Director of Public Prosecutions, nor the Head of Counter Terrorism at the Crown Prosecution Service, nor the former Attorney General, Lord Goldsmith, support this proposed extension. Many senior police officers are also against.
And they are right to see real drawbacks – on grounds of security
as well as liberty. The Government's own impact assessment which
they are obliged to publish with proposed legislation says
"Muslim groups said that pre-charge detention may risk information being forthcoming from members of the community in the future".
The danger exists of disproportionate measures acting as recruiting sergeants for terrorism and alienation of local communities whose confidence and cooperation is vital to the counter terrorist effort.
A former Commissioner of the Metropolitan Police, Lord Condon, has said in connection with extending the 28 day period: "I fear we will play into the hands of the propagandists, who will encourage young
men and women – to all other intents and purposes they
are good people – to be misguided, brainwashed and induced into acts of martyrdom."
The Government should heed such warnings concerning the potential of their legislation to aggravate the danger of radicalisation of young Muslims and should take seriously the risk of it reducing the willingness of Muslim communities to help the police with information.
So far, almost all prosecutions have stemmed from intelligence
originating overseas, within the intelligence agencies or through technical means.
This is despite the fact that the majority of those convicted of terrorist offences have been British-born. Winning the battle of hearts and minds at home is of supreme importance to the peace, security and freedom of our own society.
A future Conservative government will take every measure necessary to protect the public. But we will also replace the mistaken multi-
culturalism of the present government with policies designed to unite the country and to preserve our values, foremost of which is the liberty of the individual.
The Baroness Neville-Jones of Hutton Roof is the Shadow Security Minister and National Security Adviser to David Cameron. Educated at Leeds Girls' High School, she is a career diplomat and is a former chairman of the Joint Intelligence Committee.
The full article contains 1054 words and appears in n/a newspaper.