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Counter-Terrorism Bill

Although I have heard much genuine concern about the human rights of suspects, as is right, commendable and essential, I have not heard enough concern about the human rights of victims and, just as important, potential victims—those who are yet to lose their lives or their legs, arms, sight or hearing. I have been in contact with three of the senior officers who, following the 7 July 2005 terrorist attacks, were responsible for supervising the rescue operations and collection of evidence, which included the ghastly task of retrieval of body parts from trees, railway tracks and gutters. One of these officers has forwarded to me 17 foolscap sheets giving particulars of those who have no human rights at all, as they are all dead. He sent more pages giving details of the dreadful injuries to others, one of whom is a young woman who, some might argue, theoretically retains her human rights. The pity is, however, that she has no legs and, as for others who lost eyes, limbs and internal organs, that is how she will spend the rest of her life. Nothing became any better after 28 or 42 days; the pain and suffering get worse. These are the people about whose human rights I also care. I do not accept the argument that I have heard noble Lords making that asking for an extension of maybe just hours beyond the present 28-day limit of detention would be a recruiting sergeant for al-Qaeda. The recruiting sergeant for al-Qaeda was the invasion of an Islamic country by the USA and Britain and the fact that our troops are still in occupation. However, I concede that, if we continue to talk about 42 days’ detention before charge as though it were the norm and not an exception, that will both confuse and help to radicalise some impressionable young Muslims. It is a pity in many ways that this is a government Bill, as that certainly seems to have united the opposition to it. It is also unhelpful that the ““42 days”” epithet has, I believe, confused many people. Even some police officers who have not studied the Bill have been persuaded that, if a person suspected of a terrorist offence were arrested, that person could be detained for up to 42 days. That, of course, is totally incorrect. The police did not ask for any magic figure of 42 days to be included in the Bill. The extension in the most exceptional of circumstances could be for just 24 hours or perhaps for two days. However, it seems that in an effort to make any extension more acceptable the Government chose to limit that to an absolute maximum of 42 days. Therein came the opportunity to confuse; it has been a classic ““shooting oneself in the foot”” job. The senior police officers to whom I have spoken have assured me that the proposal for 42 days was not made at their request. They are as aware of the civil rights of suspects as they are of those of past and possibly future victims and they will work to the best of their abilities within whatever parameters Parliament sets. None the less, Assistant Commissioner Bob Quick, the senior officer responsible for the counterterrorism command at New Scotland Yard, his predecessor, Assistant Commissioner Hayman, and the latter’s operational deputy assistant commissioner, Peter Clarke, are firmly of the view that the time is coming when, because of the most horrific possibilities of a terrorist attack aimed at achieving maximum deaths and casualties, an extension to the present 28-day limit of detention before charge is most likely to be necessary. However, I concede that Andy Hayman was concerned, as my noble friend Lord Dear said, about the bureaucratic system that would have to be employed before such an extension were allowed. I am not a politician and admit that I often fail to understand politicians’ motives or agendas, so, to prevent my falling into the same trap as one of my successors as Commissioner of the Metropolitan Police seems to have done, perhaps I should declare that my support for much of this Bill is not political, and I believe that public protection should rank much higher than political opportunism. I was a working policeman for 40 years, and I believe that I was invited to become a Member of Your Lordships’ House to use my years of operational experience to highlight the practical difficulties that some legislation might pose to those whom we expect to keep us safe from the criminal and the terrorist. I believe that it was known that I could bring a wealth of practical, feet-on-the-ground experience to Your Lordships’ discussions and that, having left the field of play, I would not indulge myself by standing on the touchline and chucking intellectual toilet rolls into the goalmouth. I urge noble Lords to consider most carefully before supporting the amendment. Will noble Lords unequivocally support the amendment while not knowing at this stage what the exceptional circumstances might be—perchance a plot to assassinate the Queen, or to blow up fuel dumps or a fully loaded gasometer situated within yards of a block of council flats? Will they regardless, as in the amendment, say that there can never be an extension? I make it clear that I am not advocating 42 days, but there must be provision for a properly supervised extension when the most exceptional circumstances prevail. To agree to the amendment could be dangerous and might in time lead to the further loss of lives.