Bob Piper
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Time to ditch the 42-day detention measures   » Permalink  |  TrackBack (0)

Gordon Brown has demonstrated how flexible he can be in order to try to win a fourth term in office by recalling his (former) sworn enemy Peter Mandelson in to the Cabinet. He should now be equally bold and do another u-turn... and ditch the 42-day detention measure in the Counter-Terrorism Bill.

When the House of Lords is almost certain to reject the legislation, and even those who support the extension of the power of detention beyond 28 days are opposed to it, let alone those of us who are opposed to it as illiberal and draconian, surely it makes sense to heed the words from the former Assistant Commissioner for Special Operations at Scotland Yard, Andy Hayman:

"...the Government's current proposals are not fit for purpose: they are bureaucratic, convoluted and unworkable. The draftsman's pen has introduced so many hoops to be jumped through that a police case for detaining a terror suspect will become part of the political game.

The day will come when the current threshold of 28 days will prove insufficient. But this Bill is not the answer. It replaces a legal process that has passed the test of time. The original police case for stronger powers of detention is unrecognisable. It is completely detached from the operational needs of the police. The Bill is about politics and it won't work."

Let's face it, the Bill has already served its purpose by ridding us of David Davis, and that should be its obituary.

Posted by bobpiper on October 6, 2008, 9:09 AM  |  view comments (18) or add another



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Letters From A Tory said:
October 6, 2008 9:55 AM | permalink

The House of Lords will reignite the debate but I can't help feeling this is still going to happen.




Gary Elsby said:
October 6, 2008 10:22 AM | permalink

I'm trying to think of one other issue within the Labour Party that I am ashamed of other than this idea.

I sort of understood the unilateral/multilateral change of stance during the 1980's and I live with lie each day.

42 days is a disgrace that attempts to fool me regarding terrorists and terrorism.

Internment was a stupid act and 42 days is a political sham, not worthy of socialist support.
Unless of course, if your conscience is a figment of someone elses imagination via a drink in the tea rooms.

Bob, have a guess how many in the People's Republic support this idea. (clue: we have about six of your Sandwell club membership living here in Stoke).

Pathetic.




mike said:
October 6, 2008 10:27 AM | permalink

That would make little sense, you may not agree with 42 days detention but the voters do.




Hughes Views said:
October 6, 2008 10:32 AM | permalink

Perhaps we should adopt the system used in Italy and many other countries. As the case involving the alleged murder of Meredith Kercher from England demonstrates, in those countries people can apparently be held on remand for months whilst evidence against them continues to be gathered. No one seems to bat a proverbial eyelid.




Bob Piper said:
October 6, 2008 1:47 PM | permalink

Mike, the evidence of that is inconclusive.

Brian, that would involve changing the law to allowing post-charge questioning, which makes far more sense because you at least have to make a judicial case for charging someone first, rather than detaining people until you can make a case. Gary is right (and I don't say that often). Internment was a recruiting officer for terrorism in Ireland, and this change, intended primarily against Muslims, has similar dangers.

The other problem with this legisation, beyond the civil liberties argument, is as Hayman says, it is bureaucratic, convoluted and unworkable.




newmania said:
October 6, 2008 2:08 PM | permalink

45 days is very unpopular with the people Labour need to attract and popular with those who vote Labour anyway or not at all.I `m not all that well informed but I have read material claiming that the point Hughes Views makes is based on a misunderstanding of the system in total.
Dominic Grieve has suggested lowering the no days still more and I think a Conswervative administration will be under great pressure to do just that.

I see the new man at immigration has admitted the Conservative Policy is correct Bob ..? Is that more flexibility ?




mike said:
October 6, 2008 2:23 PM | permalink

Gary Elsby said: I'm trying to think of one other issue within the Labour Party that I am ashamed of other than this idea.

You've been watching James Stewart winning the day in those Frank Capra films Gary,real people worry about these things, and real people despite what is said here really don't want to take the risk that someone will blow them up. Real people are also the ones who vote, and you will never get elected if you charge around talking about how offended you are that your government is trying to keep you safe.




Hughes Views said:
October 6, 2008 2:45 PM | permalink

Given that under the 42 detention bill the police would have to make a "judicial case" for holding a suspect (and would have to go back once a week to make the case again) it seems to me to be about as broad as it's long.

But then I'm not a lawyer or a terrorist so what do I know...




Gary Elsby said:
October 6, 2008 2:51 PM | permalink

Would Mike like to name both of those voters who agree with 42 days?

Bob, it may have acted as a recruiting sargeant for terrorists, but the priciple of a democracy operating detention without trial supercedes the terrorist potential.

We can't and shouldn't live in a British Democracy whereby one side scares me into my freedom and my values are worth the equivalent of a determined terrorist.




John Lilburne said:
October 6, 2008 3:14 PM | permalink

It's worth comparing the proposed changes with the detention periods in other western nations. The UK is way out of line with the others already:

http://en.wikipedia.org/wiki/Detention_of_suspects#Detention_before_charge

I suppose the increase to 42 days is inevitable now that policy is driven by the "something must be done!" mentality.




Peter Kenyon said:
October 6, 2008 3:24 PM | permalink

Dear Bob

Noooooooooooo. This is not about U-turns. There is no reason why the government can't maintain its position on the theoretical possibility of there being a need to legislate for 42-day detention. GB can state the government's intention to bring forward emergency legislation if needs must. And then he can drop the provision in the Counter Terrorism Bill in the interests of focussing on the real economy.




Bob said:
October 6, 2008 3:49 PM | permalink

Peter, that's so good it might even be seen as cynical.

newmainia - Conswervative - that is brilliant! Put a patent on it, quick.




newmania said:
October 6, 2008 8:05 PM | permalink

But then I'm not a lawyer or a terrorist so what do I know...

How to line your own pocket and thats about it in my experience




newmania said:
October 6, 2008 8:08 PM | permalink

"judicial case" ...?
What can that possibly mean when the motive is that they require more information to make a case that will stick. In effect you will have to take their word for it.




Dirty Euro said:
October 6, 2008 10:19 PM | permalink

My problem is history shows it is either tough laws or death squads.
Look at Mrs Thacther she did not bring in tough laws she just sent out the SAS to shoot dead suspected IRA people wihtout trial. Some innocent teenagers got shot dead as a result. I prefer tough laws. A misscariiage of justice with tough laws is better than a misscarriage of justice with death squads. :




bill jones said:
October 7, 2008 10:14 AM | permalink

Absolutely right the bill should be abandoned without delay once the Lords chucks it out.




Gary Elsby said:
October 7, 2008 12:50 PM | permalink

Peter Kenyon: Oh yes there is a theoretical reason why the Government can't maintain its position.

There is not one single shred of evidence that persuades thinking socialists of its value.

Perhaps, Peter, you can explain 42 days?

We don't need a lecture on terrorists, the IRA, ETA, Fundamentalists or any other group of lunatics.We are neither thick or stupid.

We just need 42 days explaining to us, day by day by day, with an individual explanation starting from 28 days.

Gary




Parasite said:
October 14, 2008 11:10 PM | permalink

Luke Akehurst will have your bollocks. Forty-two days shmorty-two days, the most important thing is stitching the Tories up like kippers and sod owt else.





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