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Counter-Terrorism Bill

The hon. Lady makes her point, and I shall not demur from it. We are told that the reserve power is needed for a ““grave, exceptional terrorist threat””. On 23 January, in the Daily Mirror, my right hon. Friend the Minister for Security, Counter-Terrorism, Crime and Policing asked us to imagine two or three 9/11s. On the ““Today”” programme on 2 June he said that there was a"““substantial threat against the nation””" and that we have a"““backstop for truly exceptional situations””" He also mentioned the ““nightmare”” and the ““doomsday scenario””. If that is so, the powers are already in place. I am talking about the power to derogate from article 5—the right to liberty—and to disapply a fundamental right that goes back to the Magna Carta of 1215. My amendment (a) provides a system to enable that derogation to take place. If there is a public emergency threatening the life of the nation, article 15 permits derogation from—that is, disapplication of—the right to liberty. A co-ordinated, large-scale attack on the nation's political, military and financial institutions, such as 9/11 in the US, would meet that test, never mind two or three 9/11s at the same time. Under derogation, the Government are entitled to take the measures that are strictly required for the exigencies of the situation. Derogation is not a new solution. The Belmarsh detainees were held under a derogation power, and the case failed on discrimination grounds. The control order powers in the Prevention of Terrorism Act 2005 provided for derogating control orders, but they have not been used. My amendment sets out a process to enable the Secretary of State to make a designated derogation order in anticipation of any future need of such a terrorist attack. It incorporates safeguards such as judicial review and parliamentary approval, and this proposal would give the Government everything that they profess to need—an emergency reserve power for the truly exceptional cases, with appropriate safeguards. Why will not the Government accept my amendment? As has begun to emerge, the Government want the reserve power not for the extreme cases, but for far less than their public statements suggest. They want that power not for two 9/11s or for a substantial threat against the nation. The letter from the Minister to the Human Rights Committee on 6 June states:"““The definition of grave exceptional terrorist threat which we now propose would cover events or situations similar to the bombings in July 2005, or a plot to blow up a shopping centre or a plot to commit terrorist atrocities overseas involving serious loss of life. We do not think any of these are covered by the Civil Contingencies Act definition of an emergency.””" The July 2005 bombings were dealt with under the 14-day regime. The shopping centre example would not be a multiple plot. Atrocities overseas may be nothing to do with us. Today we had another letter from the Home Secretary that said that the attempted airline plot would have been a case in point, but that was dealt with under the 28-day procedure. The implication from the briefing sent to the parliamentary Labour party is that all the cases listed, which were dealt with under 14 or 28 days, would in future be subject to the 42-day maximum. The power is not meant for exceptional cases but for the sort of cases that have been dealt with adequately so far under existing powers.