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Counter-Terrorism Bill

I did not intend to go into that in detail. I simply say that I see nothing at all in what we are doing here that goes against the ECHR. There would have to be a challenge through the courts to show that but I do not believe that it does; I think that we have all the right safeguards in place. The noble Lord, Lord Imbert, made very clear during Second Reading that using spurious minor charges and then post-charge questioning was not the correct way to do business in this country, and I agree entirely with that. The DPP is totally against holding charges of the type that the noble Lord, Lord Dear, talked about. They are contrary to our legal system. As a throwaway comment, I have to add that it is ridiculous to say that you are entitled to legal representation post-charge but to suggest that there is no legal representation or access to a lawyer pre-charge. There is. I am convinced that there will be a complex case in the future where the police will need more than 28 days to bring the appropriate charges, and there is no way of avoiding that stark fact. That is why we are proposing contingency, or what I sometimes call—perhaps somewhat inelegantly—back-pocket legislation, to enable the 28-day limit to be increased in exceptional circumstances, and then only for a very limited period. What is the balance of risk? As a Minister, I have to ask that. If I am wrong—and my goodness, I hope that I am—there will be no such complex plot and the limit will never be extended above 28 days under the powers in this Bill. But if the proposed legislation is rejected and the Government and the experts are right about needing more than 28 days, it could mean that dangerous terrorists are released to commit atrocities or destroy other potential prosecutions. They will not be brought to justice for the terrorist crimes that they have committed. The noble Lord, Lord Thomas of Gresford, referred to the Overt trial. I have to be careful. I cannot really talk abut this because there are considerable things going on. All I would say is thank goodness that two men were found guilty of conspiracy to murder.