Ben Gamblin Online - Blog: 42 days detention without trial - No, no, no... |
42 days detention without trial - No, no, no!11 Jun '08, 23:12I was quite disappointed (but not surprised) to learn that Labour succeeded in a vote for a maximum of 42 days detention without charge.Fortunately, 36 Labour MP's saw reason and decided to rebel against the Government in an attempt to block the legislation that allows a terror suspect to be held for 6 weeks in exceptional circumstances. Unfortunately it wasn't quite enough. The bill passed with 315 votes to 306 - a difference of only 9. I'm hoping this legislation is shot down in the House of Lords. I don't see any logic behind it. So far, there has been no incident where a suspect has had to be released due to a lack of evidence being obtained within the current limit of 28 days. They say it's a step that needs to be taken for the future, but then why 42 days? If this legislation does become law, what would happen if the authorities suddenly decided they need 43 days? Will another bill be put before Parliament for 90 days (again)? Then what if 91 days is needed? Where does it stop? One of the so-called concessions that has been made with this bill, is that Parliament will be able to vote on whether the conditions are right (i.e. there is a significant threat) in order to allow the extended detention period. Critics are arguing (and this is a point made in The Daily Politics today) that any debate in Parliament could prejudice a trial. Even if an individuals case is not explicitly discussed (which it can't be), discussion around whether there is exceptional circumstances and a significant threat could be linked to reports in the press around a specific suspect. Any future trial could then be prejudiced. I try not to be much of a cynic (although it's hard sometimes); but more than anything else they say this bill is to do with, this looks to me like an attempt by Gordon Brown to get through the detention period that Tony Blair couldn't. When the former Prime Minister was in power, a bill was put forward to allow detention without trial for 90 days. That didn't go through and instead we ended up with the 28 day maximum period which we have now. Here we see Mr Brown attempt to up that limit to 42 days. If that goes through, will he make a second attempt at 90 days - the limit that was originally voted out?
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