Is the “war on terror” depriving us of our liberties?
The extension to 42 days of the limit on detention without charge for terror suspects got through the House of Commons this week.
LONDON, England - June 16, 2008 - Prime Minister Gordon Brown avoided an embarrassing defeat in the Commons on Wednesday when MPs voted on the issue of extending the time limit on detaining terror suspects from 28 to 42 days without charge. The fierce debate over the legislation itself has been matched by the furor surrounding the voting process and the aftermath.
David Davis, former Shadow Home Secretary, resigned from the Commons in order to force a by-election in his constituency of Haltemprice and Howden.
The York-born Tory politician plans to fight over the seat on the issue of "British liberties".
Despite a rebellion of some 36 Labor MPs, victory was secured for Mr. Brown by the nine Democratic Unionist Party (DUP) ayes'. The DUP votes ensured a victory of 315 to 306; Tory and Lib Dem MPs claiming they were bought' with a string of concessions including extra financial support for Northern Ireland. We spoke to two opposed local Labor MPs about their views on the divisive legislation.
In Favor
Hugh Bayley, Labor MP for York, voted in favor of the
extension, justifying his decision by citing the 7/7 London bombings, the car
bomb in Glasgow Airport and the attempted nightclub bombings last year as
evidence of the need to take the terrorist threat seriously.
"There is a serious risk of terrorist attacks," he said. "When the government believes (it is) identifying people planning a terrorist attack, (it) needs to be able to question them and have access to their computers, mobile phones and so on." Mr. Bayley recognized that civil liberties, as well as security, were a central issue in the vote.
"Parliament has to balance the government's need to protect the public against terrorist attacks against the civil liberties of the people under investigation," he said.
"But people need to be as concerned about the liberty of people to walk the streets of York, or London, or Glasgow, without being blown up."
Mr. Bayley said he consulted a schedule of those suspects held under the controversial 28-day limit, brought in under the 2006 Terrorism Act.
He said: "Seventeen people were detained; 14 of the 17 were charged with a serious terrorist offence. Three of those held for the full 28 days are currently on trial for managing and planning the London bombings."
Three of those held were released without charge.
"The justice system is not foolproof," Mr. Bayley remarked.
"Because the Home Secretary has brought in sufficient safeguards I believe the government has struck the right balance," he said.
David Davis's shock resignation is not a concern for Mr. Bayley.
"I don't know what he will prove with a by-election," he said.
"There is a serious risk of terrorist attacks," he said. "When the government believes (it is) identifying people planning a terrorist attack, (it) needs to be able to question them and have access to their computers, mobile phones and so on." Mr. Bayley recognized that civil liberties, as well as security, were a central issue in the vote.
"Parliament has to balance the government's need to protect the public against terrorist attacks against the civil liberties of the people under investigation," he said.
"But people need to be as concerned about the liberty of people to walk the streets of York, or London, or Glasgow, without being blown up."
Mr. Bayley said he consulted a schedule of those suspects held under the controversial 28-day limit, brought in under the 2006 Terrorism Act.
He said: "Seventeen people were detained; 14 of the 17 were charged with a serious terrorist offence. Three of those held for the full 28 days are currently on trial for managing and planning the London bombings."
Three of those held were released without charge.
"The justice system is not foolproof," Mr. Bayley remarked.
"Because the Home Secretary has brought in sufficient safeguards I believe the government has struck the right balance," he said.
David Davis's shock resignation is not a concern for Mr. Bayley.
"I don't know what he will prove with a by-election," he said.
"You don't defend liberty by compromising it."
Opposed
John Grogan, Labor MP for Selby, was a prominent figure in the Labor rebellion. He said, "I was surprised that we got 36 rebels. I thought it would be fewer."
The actual value of extending the limit to 42 days was a major concern for Mr. Grogan.
"If I'd have thought it would stop a terrorist or save one life I would've voted in favor," he said. "But I listened to people like the Director of Public Prosecutions, former Labor ministers such as Lord Goldsmith and Lord Faulkner. They occupied higher positions than I am ever likely to achieve and they weren't convinced."
Mr. Grogan felt that the 2006 Terrorism Act was relatively draconian.
"Another factor was international comparisons. The 28-day limit, which was recently imposed, was on the high side itself. You don't defend liberty by compromising it."
Although there is nothing in the law that currently prohibits post-charge questioning of a suspect, Mr. Grogan points out the new Bill would explicitly allow further questioning for the first time.
Mr. Grogan also does not believe David Davis's actions will be of any great consequence. "He's in the next constituency to me so I was rather surprised," he said. "As Shadow Home Secretary he had a platform to really push on."
Mr. Grogan believes it could work in the government's favor. "Kelvin MacKenzie has been backed by Murdoch to run against Davis and it could end up being a side show," he said. "I don't think it will have a long-term effect in politics. But it has provided a welcome distraction for the government benches."
