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Terrorism Bill

That is a disgraceful slur on the police. It is absolutely clear that they argued the case for 90 days effectively—I am falling into my own trap, for up to 90 days. But each time, that senior judge must be convinced. When we were discussing the amendment of the noble and learned Lord, Lord Lloyd, earlier, we were talking about barristers appearing before the judge and putting the case on both sides of the argument. It is clear that the judge would consider all the evidence. I want briefly to concentrate on why we should ask the House of Commons to think again. In my short time in this House, I have said on two or three occasions—especially as a former Member of the other place for a long time—that I recognise the supremacy of that House. Ultimately, when a decision is made by that House, I think that we should accept it. However, I think that we need to ask it to think again. I shall give just two reasons. First, the expert on this is the independent reviewer, the noble Lord, Lord Carlile. After the publication of his report and after the decision in the House of Commons, the noble Lord, Lord Carlile, added to what he had said and said that he expected only one or two people to require up to the full 90 days. That is a significant development that had not been made clear when the House of Commons made that decision. My second point is very important. No one has made it; no one has even alluded to it in our debate today. The Conservative Party now has a new leader. The attitude of that leader is very different from his predecessor, Michael Howard. He wants to go by consensus. He does not want to oppose for the sake of opposition; he does not want to be opportunist. There was nothing more opportunistic than the vote that took place in the House of Commons. If you look at the line-up, the Tories, on a Whip, going against something that their normal instinct would be to support, went into the Lobby with people—