Stuart Weir (Cambridge, Democratic Audit): It has long been obvious that the government would make another push to extend pre-charge detention beyond the current 28 days under Gordon Brown's premiership in such a way as it becomes a test of loyalty for Labour backbenchers and a test of resolve for a Conservative opposition which has so far maintained a practical and principled position on an issue which is critical for civil liberty in this country,
But the government's determination to press ahead with a proposal to extend the period of pre-charge detention to 42 days (a figure plucked from the air) ought also to be put to the test so that Labour MPs who satisfy themselves that the ‘safeguards' that the Home Secretary has cooked up will somehow protect the abused and now obsolete doctrine of habeas corpus; and David Davies, the Tory spokesperson, can actually place the threadbare quality of the government's case squarely before colleagues who may want to cut and run. So I propose to write a series of posts on 42 days in OurKingdom, to set out the facts as precisely as I can.
But first, let's look at the consensual approach that Gordon Brown and Jacqui Smith promised us. The majority of people who responded to the government's consultation paper were against an extension beyond 28 days. The Home Affairs Committee, under John Denham, as well as significant informed insiders have said that it is not necessary as of now to press for an extension - though they wouldn't rule it out if the available evidence changed. As the Joint Parliamentary Committee on Human Rights has said, a truly consensual approach should lead the government to accept that it has failed to build the necessary national consensus for this very significant interference with the right to liberty in this country. The government's position is further weakened by the fact that it has not seriously considered alternatives to its gung-ho approach.
Curiously, at the same time, the government is engaged in talks with human rights organisations about a British Bill of Rights. "How would the Bill's provisions be entrenched?", one lawyer asked Jack Straw. Not to worry, he replied, basic liberties would remain safe just as habeas corpus has. He is now complicit in a government drive to reduce the value of habeas corpus still further.
OurKingdom is supporting Liberal Conspiracy's campaign against 42 days detention, and will be publishing a series of posts about it over the next few weeks.
