Chakrabarti asks Labour rebels to ‘stand firm’ on terrorism Bill

Shami Chakrabarti, director of the pressure group Liberty, has written to Labour MPs urging them not to fall for the Downing Street spin-doctors who have been leaking to the media that there will be a 'retreat' by Gordon Brown on the contentious issue of 42 days detention without trial for suspected terrorists.

Patrick Wintour of the Guardian reported last Friday that Geoff 'Buff' Hoon, Labour’s chief whip, had been told to broker a deal. Wintour said a "version being talked about in the senior echelons of the cabinet" included a rule that the government would have to declare that there was an "exceptional need" to use the power. Although 'exceptional' has not been defined, the circumstances could include the discovery of multiple terrorist plots. Further clauses to be introduced to pacify Labour rebels included parliamentary authorisation and judicial review.

In her letter, leaked to the Mole, Chakrabarti has told Labour MPs to hold firm to ensure that any such 'retreat' on the proposal to extend detention without charge from 28 to 42 days is "real and meaningful".

The letter says: "The clearest option would be for the proposal for 42-day detention to be dropped altogether, acknowledging that the case for any extension beyond 28 days has not been made out.

"We are delighted that a number of your Labour colleagues have already tabled amendments to remove these clauses from the Bill (John Austin, Ann Clwyd, Andrew Dismore, Frank Dobson, Virendra Sharma and David Winnick).

"Alternatively, the Bill could be amended to create a truly exceptional 42-day detention power to deal with the kind of 'nightmare scenario' the Government has described – e.g. three 9/11s on a single day."

Echoing the Tory high command, who are also against 42 days detention, Chakrabarti says that the Civil Contingencies Act (CCA) already contains "chillingly broad powers" to deal with this kind of situation but the new Bill could adopt and improve on the vital safeguards contained in that Act - the need for a real emergency, parliamentary oversight and judicial review. The CCA could then be amended so that it could no longer be used in this context, she adds.

"This option would be a far cry from the current proposals which would allow 42 days to become routine, triggered for operational convenience in individual cases," says Chakrabarti. "This issue is too important for us to stumble at the last hurdle and to settle for anything less than a real and meaningful retreat. This unnecessary policy would not only do great damage to British traditions of liberty, it would further alienate those communities we most need to engage if we are to combat terrorism."

Meanwhile, Gordon Brown is battening down the hatches for an expected defeat in the Crewe and Nantwich by-election on Thursday. A list of reasons for Labour's defeat is being drawn up in Downing Street: the international financial crisis; the shock of oil rising to $125 a barrel; the 10p tax blunder - repaired by the £2.7bn tax hand-out. Nowhere will the Supreme Team Leader himself be blamed.

THE MOLE: 42 DAYS DETENTION

FIRST POSTED MAY 20, 2008