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Counter-Terrorism Bill

My Lords, it is a privilege to follow two noble Lords with such experience in this area. I am taken back to the days of the voir dire, which led to a cottage industry in my profession. Particularly in Hong Kong, as I recall, six or seven weeks would be spent on the voir dire in determining whether a confession had been properly obtained. The illustration of the point made by the noble and learned Lord, Lord Lloyd of Berwick, is as follows. When we discussed the 42-days issue, it emerged that no judge had ever refused an application by the police to extend the time allowed under the terrorism legislation. I think that there was one instance when a few days less than that asked for had been ordered by the judge but, by and large, the judge has nothing before him except the application from the police or security services saying that it is essential to continue the line of questioning. There is nothing to check at all. A person such as the commissioner, as the noble and learned Lord, Lord Lloyd, advocates, would be in a proper position not only to monitor the way in which the prisoner was being held, particularly in a police station, but to ensure that any interrogation was necessary, giving a second, independent voice to the judge, who has to make the decision on whether the period of time is to be extended. That is the value of the amendment and it is why we on these Benches support it.