Independent watchdog questions terrorism bill
13 Oct 05
Report says 90-day detention could be challenged under human rights laws
An independent watchdog appointed by the government has suggested the new counter-terrorism strategy, which proposes that terrorist suspects can be held for up to 90 days without charge, could be challenged in court under human rights legislation.
Lord Carlile's report claimed that the proposal that terrorism suspects can be held was probably sensible, but that it had the potential to be challenged.
Published yesterday, the Terrorism Bill has created new offences such as the encouragement of terrorism, the dissemination of terrorist publications, giving or receiving terrorism training, and indirectly encouraging terrorism through the glorification of acts of terrorism.
Lord Carlile has questioned the safeguards ensuring the rights of suspects, saying that judges will only have the word of the police about the need for detention. He also feels that many sections of the bill are loosely phrased and open to interpretation, which could lead to many more people being liable for prosecution than was originally intended.
His report says that the 90-day detention would only apply in a small number of cases and that those subjected to it should also be represented by a lawyer given access to police intelligence, which could then be used to argue the case before a judge.
Speaking in the Commons yesterday, Prime Minister Tony Blair said: "I have to protect people in this country and make sure their safety and civil liberty to life come first." A spokeswoman for the Prime Minister insisted that the bill had been "human rights proofed" during its preparation.