Counter-Terrorism Bill 2008

Government Department: Home Office

Liberal Democrat Spokesperson in the Commons: Chris Huhne
Liberal Democrat Spokesperson in the Lords: Lord Thomas of Gresford

Government proposals
· Extension of maximum period of pre-charge detention for terrorist suspects to 42 days
· Changes to enable post charge questioning of terrorist suspects and the drawing of adverse inferences from a refusal to say something that is later relied on in court
· A requirement for convicted terrorists to provide the police with personal information on their release from prison and to notify any changes to this information
· Introduction of a foreign travel order that will enable convicted terrorists to be banned from travelling overseas
· Enhanced sentences for those convicted of terrorist related offences
· Putting the police counter-terrorist DNA database on a sound statutory footing and making other changes to enable the full use of DNA in terrorist cases
· Changes to funding arrangements for protecting ‘key sites’

Liberal Democrat response
The Liberal Democrats recognise the serious threat posed to the British people by terrorism. We have worked, and continue to work, with the Government to try to build a cross-party consensus on measures to counter this threat. A number of the proposals we have pressed for – such as post-charge questioning – have been adopted by the Government.

However we are clear that counter-terrorism measures must be based on clear and compelling evidence, and achieve the right balance between security and liberty.

Our main cause for concern in the current Bill is the Government’s proposed extension of the period of pre-charge detention. The Liberal Democrats strongly oppose increasing the period of detention without charge because:

· The Government have presented no remotely convincing evidence it is needed
· It would be counter-productive, alienating the people whose help we most need to fight terrorism
· Detaining someone for up to 42 days without even presenting them or their lawyer with any evidence against them is fundamentally illiberal
· 28 days detention without trial is already longer than any other democratic country in the world

Click here to read more about the campaign against 42 days detention

The period of time that people need to be detained before a charge is brought could be reduced if the Government bring in post-charge questioning. The Liberal Democrats have supported introducing this measure and welcome its inclusion in the Bill.

We also support the use of intercept evidence in court. The Government are currently engaged in a consultation on this. If introduced, we believe this could also enable the decreasing of the period of pre-charge detention. Most other countries allow the use of this material as evidence. We have also suggested that lesser charges could be made and upgraded if and when evidence of more serious crimes becomes available to the police.

We strongly oppose the clauses on inquests. Coroners’ courts are a fundamental bulwark against the abuse by the state of its monopoly of the legal use of force. The Government’s proposals could allow an inquest to be held without a jury just because the result might affect our relationship with another country, and would give the Secretary of State extraordinary power to appoint special coroners.

Throughout all stages we have sought to improve the Bill, and have gained important concessions on many of the less controversial areas. Remaining concerns that we will be pressing the Government on include the implication for media reporting on the armed forces and a regular review for those subject to indefinite notification requirements. 

The Liberal Democrats have consistently worked with the Government and others to agree effective laws to tackle terrorism. But we are not willing to go along with measures which are ineffective, illiberal and designed simply to look tough.

Applicability (e.g. England)
UK-wide

Further Information
First day of the Report Stage in the Commons
Second day of the Report Stage in the Commons
Nick Clegg attacks Government’s counter-terror proposals during Prime Minister’s Questions
Second Reading in the Lords
Progress of the Bill

(NB. Information on the stages a bill goes through to become an act of Parliament is available by following this link.)