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Prevention and Suppression of Terrorism

I, too, thank Lord Carlile of Berriew for publishing his report in good time for this year's renewal debate. I also thank the Joint Committee on Human Rights for making its views known in a timely fashion. My argument is that control orders are not an appropriate instrument for a free society under the rule of law. They are unfair; they breach key rights to a fair hearing; and they get perilously close to reversing a fundamental principle of our criminal justice system, which is that we are innocent until we are proven guilty. Moreover, they are ineffective. We have heard that seven of the 38 people who have been made subject to control orders have absconded. The guilty are more likely to abscond, so the innocent are more likely to be detained. Criminal trials and custodial sentences would be a far more effective way of proceeding and protecting the public. Let me start with the issue of fairness. These orders involve house arrest and curfew. According to Lord Carlile's report, the average curfew was 13 hours, up from 10 hours in 2007, and the longest was 16 hours. The right hon. Member for Airdrie and Shotts (John Reid), who is no longer in his place, asked whether other means could be used. The Government could have used control orders in going before a judge to derogate from the European convention on human rights—they have not done so. Effectively, we have a system of indefinite house arrest.