Terrorism Act 2006
Encyclopedia
The Terrorism Act 2006 is an Act
of the Parliament of the United Kingdom
that received Royal Assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism
, and amends existing ones. The Act was drafted in the aftermath of the 7 July 2005 London bombings
, and some of its terms have proven to be highly controversial. The government considers the Act a necessary response to an unparalleled terrorist threat; it has encountered opposition from those who feel that it is an undue imposition on civil liberties, and could increase the terrorism risk: "What more fertile recruitment ground for extremism could there be than innocent young men released without charge after 90 days internment?."
The Act has drawn considerable media attention, not least because one of the key votes resulted in the first defeat of the government of Tony Blair
on the floor of the House of Commons
, and the worst such defeat for any government since 1978.
wrote to the spokesmen for the Conservatives
and Liberal Democrats, David Davis
and Mark Oaten
respectively, to ask their views on proposed terrorism legislation, in an attempt to seek consensus. His letter made it clear that the proposals were already under consideration before the bombings. It first proposed new criminal offences to allow police and intelligence agencies to intervene before the precise details of a planned terrorist act are known.
The second proposal was to criminalise indirect incitement to commit terrorist acts, and would enable the United Kingdom to ratify the Council of Europe Convention on the Prevention of Terrorism
(Article 5). The third proposal was to criminalise the providing or receiving of terrorism training, again in line with the Council of Europe Convention (Article 7). Clarke followed up this letter with a statement in the House of Commons
on 20 July.
The statement "the sort of remarks made in recent days" was generally taken as a reference to Omar Bakri Muhammad
who had received a great deal of publicity for his reaction to the London bombing. There had been other statements, made by a number of controversial figures, about the 11 September 2001 attacks and attacks on US and UK forces during the Iraqi insurgency
. These figures also include Muslim clerics such as Abu Qutada and Abu Hamza al-Masri
.
The draft clause 2 would make it illegal to publish a statement which "glorifies, exalts or celebrates the commission, preparation or instigation (whether in the past, in the future or generally) of acts of terrorism". This wording was criticised for being vague, and for potentially stifling legitimate debate about government policy and the causes of terrorism. The clause only covered terrorist events which occurred more than 20 years ago if they directly relate to current events; a list of events occurring more than 20 years ago which would be covered was to be prepared by the Home Office. This provision was criticised as entirely subjective, and giving the Home Office the right to decide who was a terrorist and who was a freedom fighter.
The encouragement, training, and preparation offences are extraterritorial offences. So persons who enagage in any of these activities outside the United Kingdom, commit an offence which is triable before the United Kingdom courts. The Act also extends the maximum length of imprisonment for 'possession for terrorist purposes' from 10 years to 15 years, and for threatening to damage a nuclear power station to life imprisonment. The proposal that only those who intended to incite terror could be prosecuted was defeated by two votes in the House of Commons (300-298) - this was reported at the time as 300-299, but the clerks of the house confirmed the list of Aye names (of which there are 298) to be accurate. It has been pointed out that the Government's resistance to the inclusion of the requirement of intention is somewhat two-faced, given that the reason offered for creating the offence was the need to comply with Article 5 of the Council of Europe Convention on the Prevention of Terrorism
which expressly requires specific intent.
Other provisions in Part 2 give greater flexibility to search warrants by allowing them to cover other premises under the control of the same suspect, and by allowing searches where the possession of terrorist publications is suspected. The powers of the Intelligence services are extended and warrants to intercept communications are given more wide-ranging effect.
The following orders have been made under this section:
. He concluded by saying that the Conservatives would support the second reading, but could not promise to support the third reading if changes were not made.
Mark Oaten said that the Liberal Democrats could not support the bill in principle because it went further than the measures agreed between the three parties. He looked forward to re-establishing consensus in the committee stage. Labour MPs Paul Murphy (a former Secretary of State for Northern Ireland
), Tony Lloyd
, and Richard Burden
offered general support. John Denham, a former Home Office minister who resigned over Iraq, argued that the bill was too widely drawn and would be of marginal use in fighting terrorism. Conservatives Douglas Hogg
and Richard Shepherd
dissented from their party's line to oppose on civil liberties grounds. Labour MPs Michael Meacher
and Robert Wareing also opposed.
In the event, the bill was given a second reading by 471 to 94. In support were 298 Labour MPs, 164 Conservatives, 8 members of the Democratic Unionist Party
, and Mike Hancock of the Liberal Democrats. Opposed were 59 Liberal Democrats, 16 Labour MPs breaking the whip, 8 Conservative MPs breaking the whip, 4 Scottish National Party
members, 3 Plaid Cymru
members, the sole Ulster Unionist Party
MP and Independent MPs Peter Law
and Dr Richard Taylor
. The Conservative MP Boris Johnson
voted in both lobbies.
, rape
and complex fraud
.
Under the new scheme, detentions would be reviewed every seven days by a judge sitting in-camera, who would rule as to whether the ongoing detention was justified. The Government argued that, given the suicidal nature of the threat posed by Al-Qaeda
and related groups, it was no longer prudent for investigators to wait while a conspiracy developed. Instead, they reasoned, it was necessary for police to arrest terrorist suspects immediately, while police enquiries were at a relatively immature stage. The proposed 90 day detention period was necessary, the Government argued, as forensic testing and questioning of the suspect could not be completed within the allotted fortnight.
At the Report stage the Commons rejected 90 days and voted through an amendment for 28 days detention, thereby doubling the period allowed under the Terrorism Act 2000. The amendment was proposed by David Winnick MP
; Summary of voting on amendment on Public Whip. This power to detain for 28 days was formally brought into force on 25 July 2006. The 90 day limit was publicly advocated by Gordon Brown
on 10 October 2006.
Andy Hayman, Assistant Commissioner
of the Metropolitan Police
wrote to the Home Secretary
on 6 October 2005 to express his view that 90 days was required. An image of the letter can be found at the Home Office website. The letter makes the following arguments:
Clarke repeated many of these points in his speech during the second reading of the bill http://www.theyworkforyou.com/debate/?id=2005-10-26a.340.4.
Michael Todd
, Chief constable
of Greater Manchester Police
also publicly supported increased duration of detention: Tony Blair quoted him as saying: "The reality of the terrorism threat that we currently face is so horrendous in terms of the implications that we are having to intervene far earlier in the investigation than we ever would have during IRA campaigns . . . because with mass casualty terrorism we cannot afford to take any chances."
Todd also wrote to the press;
The Devon and Cornwall Constabulary
wrote to MPs to express support for the measure.
In addition Blair cited Sir Hugh Orde
(Chief Constable
of Police Service of Northern Ireland
), who expressed his disappointment at Parliament's eventual decision.
Some Members of Parliament and the press criticised this public advocacy for policy from the police (the Liberal Democrat
Adrian Sanders
to name one); there were comments in the House concerned about "the politicisation of the police force" (Today programme
, 11 November 2005). Indeed, the newspapers of Friday 12 November covered this question extensively when it emerged that the police had been encouraged to make representations to MPs - about the bill within their jurisdictions. Clarke sought to clarify the nature of these approaches made to Chief constable
s in a letter to The Telegraph
on 12 November:
with a crime. Detention for 90 days without charge is seen as a retreat from habeas corpus
. Many argue that the denial of such a fundamental right can never be justified, regardless of the threat posed by terrorism.
Critics, including former Conservative Party
leader Michael Howard
, argued that no suspected terrorists who were released under the 14 regime were later incriminated by new evidence, meaning that the police had never practically needed longer than 14 days.
Archbishop Desmond Tutu
has likened the British government's detention of terrorist suspects without charge to South Africa under apartheid. Tutu told the BBC: "Ninety days for a South African is an awful deja-vu
because we had in South Africa in the bad old days a 90-day detention law."
The bill's opponents, who included the Conservatives, the Liberal Democrats, and members of Blair's ruling Labour Party
, compared the lengthy period of detention to the policy of internment
which had been used in Northern Ireland
during the 1970s, and which many observers held to have served to antagonise Northern Ireland's Republican community and thus helped Provisional Irish Republican Army
recruitment.
The 90-day detention measure was also seen by many as an unfair and unjust extension of the police's powers, and extending the perceived scope of a "police state
". Critics argued that Blair's government was pandering to public opinion, and freely doing the bidding of the police. Another argument against the 90-day measure was that the police and government were working closely together as senior Chief Constables wished to keep their jobs after the plans to cut the number of Constabularies in the United Kingdom from 39 down to around 12.
poll was commissioned prior to the vote by Sky News
to determine the public's view on an increased period of detention. The poll purported to show a 72% support for 90 days with just 22% opposed; however, some of those who viewed the full survey find this broad analysis controversial.
With the defeat of the '90 day' amendment Tony Blair referred to a "worrying gap" between the opinion of MPs and the public.
Many of the 25 2006 transatlantic aircraft plot suspects
were held for weeks after their arrest before being formally charged, but this period lasted for more than 14 days for only some of them, such as Shamin Mohammed Uddin
.
Also, from 23 August to 21 September, Habib Ahmed of Manchester was held as part of the 2006 Cheetham Hill terrorism arrests
for the full 28 days before being accused of making computer records of possible terror targets and undergoing a course of weapons training at a Pakistani terror camp between April and June 2006.
Following the Government's defeat on the 90 day matter, and the adoption of an amendment setting the maximum at 28 days, Blair criticised parliament and particularly the Labour MPs who had rebelled, saying there was a "worrying gap between parts of Parliament and the reality of the terrorist threat and public opinion". The defeat of the Government in this matter rekindled debate over whether Blair (who had already announced he would not seek a further term as PM) was a lame duck
, no longer able to muster his party's support over contested issues.
The British media has expressed broad doubts that the Government's intended programme of legislation will now get through Parliament. Specifically; welfare reform (green paper
), including cuts in incapacity benefit; a health white paper
, to increase involvement of private companies in health provision; and an education bill, also designed to increase private sector involvement in provision.
, became the first person to be convicted under the Act, for "possessing records likely to be useful in terrorism". She was sentenced on 6 December 2007 to a nine months suspended jail sentence
. She was previously cleared of contravening section 57 of the Terrorism Act 2000
, an offense which could have led to a 15 year prison sentence. The jury heard how she posted poems on internet supporting Bin Laden and martyrdom, under the name "Lyrical Terrorist" . The prosecution also claimed she joined an extremist organisation named "Jihad
Way". Investigators had found a variety of terrorist literature when they searched her house, including poems she had written, terrorism manuals, and other written terrorist material. Malik denied the charges and claimed she was not a terrorist, her pseudonym having been chosen only because "it sounded cool".
Her conviction was later overturned on 18 June 2008 by the Court of Appeal
as unsafe.
where a police officer was killed when trying to arrest suspects.
For an appreciation of the parliamentary process see Act of Parliament - procedure - UK or, externally, Parliamentary Stages of a Government Bill (pdf) from the Commons Information Office.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that received Royal Assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism
Anti-terrorism legislation
Anti-terrorism legislation designs various types of laws passed in the aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations...
, and amends existing ones. The Act was drafted in the aftermath of the 7 July 2005 London bombings
7 July 2005 London bombings
The 7 July 2005 London bombings were a series of co-ordinated suicide attacks in the United Kingdom, targeting civilians using London's public transport system during the morning rush hour....
, and some of its terms have proven to be highly controversial. The government considers the Act a necessary response to an unparalleled terrorist threat; it has encountered opposition from those who feel that it is an undue imposition on civil liberties, and could increase the terrorism risk: "What more fertile recruitment ground for extremism could there be than innocent young men released without charge after 90 days internment?."
The Act has drawn considerable media attention, not least because one of the key votes resulted in the first defeat of the government of Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
on the floor of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, and the worst such defeat for any government since 1978.
Home Secretary's letter
On 15 July, shortly after the London bombings, the Home Secretary Charles ClarkeCharles Clarke
Charles Rodway Clarke is a British Labour Party politician, who was the Member of Parliament for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006.-Early life:...
wrote to the spokesmen for the Conservatives
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
and Liberal Democrats, David Davis
David Davis (British politician)
David Michael Davis is a British Conservative Party politician who is the Member of Parliament for the constituency of Haltemprice and Howden...
and Mark Oaten
Mark Oaten
Mark Oaten is a former British Liberal Democrat politician. He served as the Member of Parliament for Winchester from 1997 to 2010, and was his party's Home Affairs spokesperson from 2003 to 2006...
respectively, to ask their views on proposed terrorism legislation, in an attempt to seek consensus. His letter made it clear that the proposals were already under consideration before the bombings. It first proposed new criminal offences to allow police and intelligence agencies to intervene before the precise details of a planned terrorist act are known.
The second proposal was to criminalise indirect incitement to commit terrorist acts, and would enable the United Kingdom to ratify the Council of Europe Convention on the Prevention of Terrorism
Council of Europe Convention on the Prevention of Terrorism
The Council of Europe Convention on the Prevention of Terrorism 2006 [CECPT] is a regional multilateral treaty negotiated under the auspices of the Council of Europe...
(Article 5). The third proposal was to criminalise the providing or receiving of terrorism training, again in line with the Council of Europe Convention (Article 7). Clarke followed up this letter with a statement in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
on 20 July.
Prime Minister's statement
On 5 August, Tony Blair made a statement at his regular monthly news conference which included a mention of the proposed legislation. He said:- "... there will be new anti-terrorism legislation in the Autumn. This will include an offence of condoning or glorifying terrorism. The sort of remarks made in recent days should be covered by such laws. But this will also be applied to justifying or glorifying terrorism anywhere, not just in the United Kingdom."
The statement "the sort of remarks made in recent days" was generally taken as a reference to Omar Bakri Muhammad
Omar Bakri Muhammad
Omar Bakri Muhammad is an Islamist militant leader who was instrumental in developing Hizb ut-Tahrir into a major organization in the United Kingdom before leaving the group and heading another Islamist organisation, Al-Muhajiroun, until its disbandment in 2004.For several years Bakri was one of...
who had received a great deal of publicity for his reaction to the London bombing. There had been other statements, made by a number of controversial figures, about the 11 September 2001 attacks and attacks on US and UK forces during the Iraqi insurgency
Iraqi insurgency
The Iraqi Resistance is composed of a diverse mix of militias, foreign fighters, all-Iraqi units or mixtures opposing the United States-led multinational force in Iraq and the post-2003 Iraqi government...
. These figures also include Muslim clerics such as Abu Qutada and Abu Hamza al-Masri
Abu Hamza al-Masri
Abu Hamza al-Masri is an Egyptian Sunni activist known for his preaching of a violent and politicised interpretation of Islam, also known as militant Islamism or jihadism...
.
Home Secretary's second letter
On 15 September, Clarke published draft clauses of the intended bill in a further letter to David Davis and Mark Oaten, writing that he would like their comments on them. He also announced further proposals for the bill, including a power to proscribe groups that glorify terrorism, and one to tackle dissemination of "radical written material by extremist bookshops".The draft clause 2 would make it illegal to publish a statement which "glorifies, exalts or celebrates the commission, preparation or instigation (whether in the past, in the future or generally) of acts of terrorism". This wording was criticised for being vague, and for potentially stifling legitimate debate about government policy and the causes of terrorism. The clause only covered terrorist events which occurred more than 20 years ago if they directly relate to current events; a list of events occurring more than 20 years ago which would be covered was to be prepared by the Home Office. This provision was criticised as entirely subjective, and giving the Home Office the right to decide who was a terrorist and who was a freedom fighter.
Part 1 - Offences
This Part creates a series of new criminal offences intended to assist the police in tackling terrorism. They are:- Encouragement of terrorism (section 1): Prohibits the publishing of "a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences." Indirect encouragement statements include every statement which glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; and is a statement from which those members of the public could reasonably be expected to infer that what is being glorified as conduct that should be emulated by them in existing circumstances.". In England and Wales, a person guilty of this offence is liable, on conviction on indictmentIndictmentAn indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, to imprisonment for a term not exceeding seven years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the statutory maximum, or to both. In Scotland and Northern Ireland, a person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both. - Disseminating terrorist publications (Section 2): Prohibits the dissemination of a publication which is either (a) likely to be understood as directly or indirectly encouraging terrorism, or (b) includes information which is likely to be understood as being useful in the commission or preparation of an act of terrorism. The maximum penalty is seven years' imprisonment.
- Preparation of terrorist acts (Section 5): Prohibits anyone from engaging in any conduct in preparation for an intended act of terrorism. The maximum penalty is life imprisonment.
- Training for terrorism (Section 6): Prohibits anyone from training others in terrorist activities, or from receiving training. The maximum penalty is 10 years' imprisonment.
- Attendance at a place used for terrorist training (Section 8): Prohibits anyone from being at a place where training is going on (whether in the United Kingdom or abroad), provided the person knew or reasonably believed that it was happening. The maximum penalty is 10 years' imprisonment.
- Making and possession of devices or materials (Section 9): Prohibits the making or possession of any radioactive device (i.e. a dirty bombDirty bombA dirty bomb is a speculative radiological weapon that combines radioactive material with conventional explosives. The purpose of the weapon is to contaminate the area around the explosion with radioactive material, hence the attribute "dirty"....
). The maximum penalty is life imprisonment. - Misuse of devices or material and misuse and damage of facilities (Section 10): Prohibits using radioactive materials or a radioactive device in a terrorist attack, and the sabotage of nuclear facilities which causes a radioactive leak. The maximum penalty is life imprisonment.
- Terrorist threats relating to devices, materials or facilities (Section 11): Prohibits anyone from making threats to demand that they be given radioactive materials. The maximum penalty is life imprisonment.
- Trespassing etc. on nuclear sites (Section 12): Extends a previous ban on trespassing, imposed by the Serious Organised Crime and Police Act 2005Serious Organised Crime and Police Act 2005The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
, to cover any nuclear site.
The encouragement, training, and preparation offences are extraterritorial offences. So persons who enagage in any of these activities outside the United Kingdom, commit an offence which is triable before the United Kingdom courts. The Act also extends the maximum length of imprisonment for 'possession for terrorist purposes' from 10 years to 15 years, and for threatening to damage a nuclear power station to life imprisonment. The proposal that only those who intended to incite terror could be prosecuted was defeated by two votes in the House of Commons (300-298) - this was reported at the time as 300-299, but the clerks of the house confirmed the list of Aye names (of which there are 298) to be accurate. It has been pointed out that the Government's resistance to the inclusion of the requirement of intention is somewhat two-faced, given that the reason offered for creating the offence was the need to comply with Article 5 of the Council of Europe Convention on the Prevention of Terrorism
Council of Europe Convention on the Prevention of Terrorism
The Council of Europe Convention on the Prevention of Terrorism 2006 [CECPT] is a regional multilateral treaty negotiated under the auspices of the Council of Europe...
which expressly requires specific intent.
Part 2 - Miscellaneous provisions
This Part deals with miscellaneous provisions. It gives wider power to the Home Secretary to proscribe terrorist groups and amends the law to allow the proscription to continue when the group changes its name. The most controversial portion in the Act, relating to detention of terrorist suspects for questioning, was in sections 23 and 24. However, as originally introduced, the clauses made little change beyond allowing Police officers of the rank of Superintendent to authorise longer detention for terrorist suspects.Other provisions in Part 2 give greater flexibility to search warrants by allowing them to cover other premises under the control of the same suspect, and by allowing searches where the possession of terrorist publications is suspected. The powers of the Intelligence services are extended and warrants to intercept communications are given more wide-ranging effect.
Section 25 - Expiry or renewal of extended maximum detention period
The following orders have been made under section 25(2):- The Terrorism Act 2006 (Disapplication of Section 25) Order 2007 (S.I. 2007/2181)
- The Terrorism Act 2006 (Disapplication of Section 25) Order 2008 (S.I. 2008/1745)
- The Terrorism Act 2006 (Disapplication of Section 25) Order 2009 (S.I. 2009/1883)
- The Terrorism Act 2006 (Disapplication of Section 25) Order 2010 (S.I. 2010/1909)
Part 3 - Supplementary provisions
This Part, apart from routine matters, creates a review of the operation of the Terrorism Act 2000.Section 39 - Short title, commencement and extent
This section allows for the commencement of the Act.The following orders have been made under this section:
- The Terrorism Act 2006 (Commencement No. 1) Order 2006 (S.I. 2006/1013 (C.32))
- The Terrorism Act 2006 (Commencement No. 2) Order 2006 (S.I. 2006/1936 (C.64))
Second reading debate
The principle of the bill was debated in the House of Commons on 26 October. In an opening speech which (with many interruptions) lasted 74 minutes, Charles Clarke asserted that there was no change in government policy which would remove the United Kingdom from Al Qaeda's firing line: "Its nihilism means that our societies would cease to be a target only if we were to renounce all the values of freedom and liberty that we have fought to extend over so many years. Our only answer to this threat must be to contest and then to defeat it, and that is why we need this legislation." David Davis said that there were many aspects of the bill which he could support unequivocally, but went on to criticise some of the uses of recent anti-terrorism legislation on trivial matters such as Walter WolfgangWalter Wolfgang
Walter Jakob Wolfgang is a German-born British socialist and peace activist.He is currently Vice President and Vice Chair of Labourof the Campaign for Nuclear Disarmament and a supporter of the Stop the War Coalition...
. He concluded by saying that the Conservatives would support the second reading, but could not promise to support the third reading if changes were not made.
Mark Oaten said that the Liberal Democrats could not support the bill in principle because it went further than the measures agreed between the three parties. He looked forward to re-establishing consensus in the committee stage. Labour MPs Paul Murphy (a former Secretary of State for Northern Ireland
Secretary of State for Northern Ireland
The Secretary of State for Northern Ireland, informally the Northern Ireland Secretary, is the principal secretary of state in the government of the United Kingdom with responsibilities for Northern Ireland. The Secretary of State is a Minister of the Crown who is accountable to the Parliament of...
), Tony Lloyd
Tony Lloyd
Anthony Joseph 'Tony' Lloyd is a British Labour Party politician who has been the Member of Parliament for Manchester Central since 1997.-Early life:...
, and Richard Burden
Richard Burden
Richard Burden is a British Labour Party politician who has been the Member of Parliament for Birmingham Northfield since 1992. Together with close friend and fellow ex-Young Liberal Peter Hain M.P., he was an enthusiastic supporter of the ill-fated Alternative Vote system in the May 2011...
offered general support. John Denham, a former Home Office minister who resigned over Iraq, argued that the bill was too widely drawn and would be of marginal use in fighting terrorism. Conservatives Douglas Hogg
Douglas Hogg, 3rd Viscount Hailsham
Douglas Martin Hogg, 3rd Viscount Hailsham PC, QC is a British politician and barrister. A member of the Conservative Party, he served in the Cabinet as Minister of Agriculture, Fisheries and Food from 1995-97, and was a Member of Parliament from 1979 to 2010.Hogg's claim for cleaning of the...
and Richard Shepherd
Richard Shepherd
Richard Charles Scrimgeour Shepherd is a Conservative politician in the United Kingdom. He is currently a Member of Parliament, having represented the constituency of Aldridge-Brownhills since 1979....
dissented from their party's line to oppose on civil liberties grounds. Labour MPs Michael Meacher
Michael Meacher
Michael Hugh Meacher is a British Labour politician, who has been the Member of Parliament for Oldham West and Royton since 1997. Previously he had been the MP for Oldham West, first elected in 1970. On 22 February 2007 he declared that he would be standing for the Labour Leadership, challenging...
and Robert Wareing also opposed.
In the event, the bill was given a second reading by 471 to 94. In support were 298 Labour MPs, 164 Conservatives, 8 members of the Democratic Unionist Party
Democratic Unionist Party
The Democratic Unionist Party is the larger of the two main unionist political parties in Northern Ireland. Founded by Ian Paisley and currently led by Peter Robinson, it is currently the largest party in the Northern Ireland Assembly and the fourth-largest party in the House of Commons of the...
, and Mike Hancock of the Liberal Democrats. Opposed were 59 Liberal Democrats, 16 Labour MPs breaking the whip, 8 Conservative MPs breaking the whip, 4 Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
members, 3 Plaid Cymru
Plaid Cymru
' is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union. was formed in 1925 and won its first seat in 1966...
members, the sole Ulster Unionist Party
Ulster Unionist Party
The Ulster Unionist Party – sometimes referred to as the Official Unionist Party or, in a historic sense, simply the Unionist Party – is the more moderate of the two main unionist political parties in Northern Ireland...
MP and Independent MPs Peter Law
Peter Law
Peter John Law was a Welsh politician.- Labour Co-operative AM and Independent MP :For most of his career Law sat as a Labour Councillor and subsequently Labour Co-operative Assembly Member for Blaenau Gwent...
and Dr Richard Taylor
Richard Taylor (UK politician)
Richard Thomas Taylor FRCP is an English doctor and former politician. He served as an Independent Member of Parliament for Wyre Forest between 2001 and 2010...
. The Conservative MP Boris Johnson
Boris Johnson
Alexander Boris de Pfeffel Johnson is a British journalist and Conservative Party politician, who has been the elected Mayor of London since 2008...
voted in both lobbies.
Extending the period of detention without charge
A government amendment to the bill, proposed on 9 November but rejected by the Commons, would have meant that suspects arrested under suspicion of having conducted, or being engaged in planning, terrorist crimes could be held for a period of 90 days before being charged with a crime. This was a considerable increase over the existing term permitted by the Criminal Justice Act 2003, which allowed for a maximum 14 days detention before charges were laid; contrast also to the maximum of four days detention without charge allowed in cases of murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and complex fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
.
Under the new scheme, detentions would be reviewed every seven days by a judge sitting in-camera, who would rule as to whether the ongoing detention was justified. The Government argued that, given the suicidal nature of the threat posed by Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
and related groups, it was no longer prudent for investigators to wait while a conspiracy developed. Instead, they reasoned, it was necessary for police to arrest terrorist suspects immediately, while police enquiries were at a relatively immature stage. The proposed 90 day detention period was necessary, the Government argued, as forensic testing and questioning of the suspect could not be completed within the allotted fortnight.
At the Report stage the Commons rejected 90 days and voted through an amendment for 28 days detention, thereby doubling the period allowed under the Terrorism Act 2000. The amendment was proposed by David Winnick MP
David Winnick
David Julian Winnick is a British Labour Party politician who has been the Member of Parliament for Walsall North since 1979....
; Summary of voting on amendment on Public Whip. This power to detain for 28 days was formally brought into force on 25 July 2006. The 90 day limit was publicly advocated by Gordon Brown
Gordon Brown
James Gordon Brown is a British Labour Party politician who was the Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 until 2010. He previously served as Chancellor of the Exchequer in the Labour Government from 1997 to 2007...
on 10 October 2006.
Police advocacy of 90 day detention
The Government repeatedly made the point that they had been advised by the police that 90 days was a necessary term of detention to prevent terrorism:Andy Hayman, Assistant Commissioner
Assistant Commissioner
Assistant commissioner is a rank used in many police forces across the globe. It is also a rank used in revenue administrations in many countries.-Australia:...
of the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
wrote to the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
on 6 October 2005 to express his view that 90 days was required. An image of the letter can be found at the Home Office website. The letter makes the following arguments:
- In contrast to terrorist acts perpetrated by the Irish Republican ArmyIrish Republican ArmyThe Irish Republican Army was an Irish republican revolutionary military organisation. It was descended from the Irish Volunteers, an organisation established on 25 November 1913 that staged the Easter Rising in April 1916...
- who made efforts to restrict the number of casualties for political reasons - "modern terrorists" (the letter does not directly reference Muslim extremists) seek to maximise casualties. Therefore a policy of attempting to catch terrorists "red-handed" (in possession of evidence, e.g. explosives) proves unacceptably risky. Hence suspects should be arrested earlier in the intelligence gathering stage, resulting in police having less evidence at the time of arrest. - "The networks are invariably international, indeed global in their origin and span of operation. Enquiries have to be undertaken in many different jurisdictions, many of which are not able to operate to tight timescales."
- "Establishing the identity of suspects often takes a considerable amount of time. The use of forged or stolen identity documents compounds this problem."
- "There is often a need to employ interpreters to assist with the interview process. The global origins of the current terrorist threat has given rise to a requirement in some cases to secure the services of interpreters who can work in dialects from remote parts of the world. Such interpreters are difficult to find. This slows down proceedings, restricting the time available for interview."
- "Terrorists are now highly capable in their use of technology. In recent cases large numbers (hundreds) of computers and hard drives were seized. Much of the data was encrypted. The examination and decryption of such vast amounts of data takes time, and needs to be analysed before being incorporated into an interview strategy. This is not primarily a resourcing issue, but one of a necessarily sequential activity of data capture, analysis and disclosure prior to interview."
- "The forensic requirements in modern terrorist cases are far more complex and time consuming than in the past, particularly where there is the possibility of chemical, biological, radiological or nuclear hazards."
- "The use of mobile telephony by terrorists as a means of secure communication is a relatively new phenomenon. Obtaining data from service providers and subsequent analysis of the data to show linkage between suspects and their location at key times all takes time."
- "There is now a need to allow time for regular religious observance by detainees that was not a feature in the past. This too causes delay in the investigative processes during pre-charge detention."
- "A feature of major counter-terrorist investigations has been that one firm of solicitors will frequently represent many of the suspects. This leads to delay in the process because of the requirement for consultations with multiple clients."
- The letter goes on to posit a theoretical case based on previous investigations.
Clarke repeated many of these points in his speech during the second reading of the bill http://www.theyworkforyou.com/debate/?id=2005-10-26a.340.4.
Michael Todd
Michael Todd
Mike or Michael Todd may refer to:*Mike Todd , American film producer*Mike Todd, Jr. , son of American film producer Mike Todd and stepson to Elizabeth Taylor...
, Chief constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
of Greater Manchester Police
Greater Manchester Police
Greater Manchester Police is the police force responsible for law enforcement within the metropolitan county of Greater Manchester in North West England...
also publicly supported increased duration of detention: Tony Blair quoted him as saying: "The reality of the terrorism threat that we currently face is so horrendous in terms of the implications that we are having to intervene far earlier in the investigation than we ever would have during IRA campaigns . . . because with mass casualty terrorism we cannot afford to take any chances."
Todd also wrote to the press;
- to The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
"We have given that professional advice on one basis and one basis only, that these were the changes that professionals directly involved in the fight against terrorism felt were necessary to protect the people of this country from attack [...] That is the view not only of the Metropolitan police, but of chief constables across the country and the terrorism committee that represents them". - And to The Daily TelegraphThe Daily TelegraphThe Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
"the Government sought the views of the leaders of the police service on what legislative change was needed to combat the new reality of the terrorist threat. We have given that professional advice on one basis only, that these were the changes that professionals directly involved in the fight against terrorism felt were necessary to protect the people of this country from attack. The investigative difficulties of dealing with this threat, the operational need to take executive action to counter risk earlier and the frightening implications of getting it wrong mean that changes are needed. That is the view not only of the Metropolitan Police, but of chief constables across the country and the terrorism committee that represents them. Unfortunately, the proposal to increase the maximum period of pre-charge detention to three months has attracted unhelpful and unfair comparisons with internment, which it is not."
The Devon and Cornwall Constabulary
Devon and Cornwall Constabulary
Devon and Cornwall Police, formerly Devon and Cornwall Constabulary, is the territorial police force responsible for policing the counties of Devon and Cornwall in England and the unitary authorities of Plymouth, Torbay and the Isles of Scilly....
wrote to MPs to express support for the measure.
In addition Blair cited Sir Hugh Orde
Hugh Orde
Sir Hugh Stephen Roden Orde, OBE, QPM is the current President of the Association of Chief Police Officers, representing the 44 police forces of England, Wales and Northern Ireland. Between 2002-2009 he was the Chief Constable of the Police Service of Northern Ireland .Sir Hugh joined London's...
(Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
of Police Service of Northern Ireland
Police Service of Northern Ireland
The Police Service of Northern Ireland is the police force that serves Northern Ireland. It is the successor to the Royal Ulster Constabulary which, in turn, was the successor to the Royal Irish Constabulary in Northern Ireland....
), who expressed his disappointment at Parliament's eventual decision.
Some Members of Parliament and the press criticised this public advocacy for policy from the police (the Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
Adrian Sanders
Adrian Sanders
Adrian Mark Sanders is a Liberal Democrat politician in the United Kingdom. He is the Member of Parliament for Torbay in Devon.-Personal life:...
to name one); there were comments in the House concerned about "the politicisation of the police force" (Today programme
Today programme
Today is BBC Radio 4's long-running early morning news and current affairs programme, now broadcast from 6.00 am to 9.00 am Monday to Friday, and 7.00 am to 9.00 am on Saturdays. It is also the most popular programme on Radio 4 and one of the BBC's most popular programmes across its radio networks...
, 11 November 2005). Indeed, the newspapers of Friday 12 November covered this question extensively when it emerged that the police had been encouraged to make representations to MPs - about the bill within their jurisdictions. Clarke sought to clarify the nature of these approaches made to Chief constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
s in a letter to The Telegraph
The Daily Telegraph
The Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
on 12 November:
"On 3 November, I suggested to the Association of Chief Police OfficersAssociation of Chief Police OfficersThe Association of Chief Police Officers , established in 1948, is a private limited company that leads the development of policing practice in England, Wales and Northern Ireland.ACPO provides a forum for chief police officers to share ideas and coordinates the strategic...
that chief constables write to MPs in their areas, making themselves or a relevant senior officer available to MPs, of all parties, who wanted to know their local police attitude to these issues. I made clear that this should not be on a party political basis."
Criticism of 90 day detention
Opponents of 90 day detention broadly argue that everyone has a right to liberty unless chargedIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
with a crime. Detention for 90 days without charge is seen as a retreat from habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Many argue that the denial of such a fundamental right can never be justified, regardless of the threat posed by terrorism.
Critics, including former Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
leader Michael Howard
Michael Howard
Michael Howard, Baron Howard of Lympne, CH, QC, PC is a British politician, who served as the Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005...
, argued that no suspected terrorists who were released under the 14 regime were later incriminated by new evidence, meaning that the police had never practically needed longer than 14 days.
Archbishop Desmond Tutu
Desmond Tutu
Desmond Mpilo Tutu is a South African activist and retired Anglican bishop who rose to worldwide fame during the 1980s as an opponent of apartheid...
has likened the British government's detention of terrorist suspects without charge to South Africa under apartheid. Tutu told the BBC: "Ninety days for a South African is an awful deja-vu
Déjà vu
Déjà vu is the experience of feeling sure that one has already witnessed or experienced a current situation, even though the exact circumstances of the prior encounter are uncertain and were perhaps imagined...
because we had in South Africa in the bad old days a 90-day detention law."
The bill's opponents, who included the Conservatives, the Liberal Democrats, and members of Blair's ruling Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
, compared the lengthy period of detention to the policy of internment
Operation Demetrius
Operation Demetrius began in Northern Ireland on the morning of Monday 9 August 1971. Operation Demetrius was launched by the British Army and Royal Ulster Constabulary and involved arresting and interning people accused of being paramilitary members...
which had been used in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
during the 1970s, and which many observers held to have served to antagonise Northern Ireland's Republican community and thus helped Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
recruitment.
The 90-day detention measure was also seen by many as an unfair and unjust extension of the police's powers, and extending the perceived scope of a "police state
Police state
A police state is one in which the government exercises rigid and repressive controls over the social, economic and political life of the population...
". Critics argued that Blair's government was pandering to public opinion, and freely doing the bidding of the police. Another argument against the 90-day measure was that the police and government were working closely together as senior Chief Constables wished to keep their jobs after the plans to cut the number of Constabularies in the United Kingdom from 39 down to around 12.
Public opinion
A YouGovYouGov
YouGov, formerly known as PollingPoint in the United States, is an international internet-based market research firm launched in the UK in May 2000 by Stephan Shakespeare, now Chief Executive Officer, and Nadhim Zahawi...
poll was commissioned prior to the vote by Sky News
Sky News
Sky News is a 24-hour British and international satellite television news broadcaster with an emphasis on UK and international news stories.The service places emphasis on rolling news, including the latest breaking news. Sky News also hosts localised versions of the channel in Australia and in New...
to determine the public's view on an increased period of detention. The poll purported to show a 72% support for 90 days with just 22% opposed; however, some of those who viewed the full survey find this broad analysis controversial.
With the defeat of the '90 day' amendment Tony Blair referred to a "worrying gap" between the opinion of MPs and the public.
Application of the 28 day detention limit
Prior to this act, the period which the police could detain terrorist suspects without bringing charges was 14 days. Since then, there have been several terrorist investigations where suspects have been arrested and held for more than 14 days without being informed of the offences of which they are suspect.Many of the 25 2006 transatlantic aircraft plot suspects
2006 transatlantic aircraft plot suspects
According to British and American authorities, the 2006 transatlantic aircraft plot was a terrorist plot to detonate liquid explosives carried on board several airliners travelling from the United Kingdom to the United States....
were held for weeks after their arrest before being formally charged, but this period lasted for more than 14 days for only some of them, such as Shamin Mohammed Uddin
Shamin Mohammed Uddin
Shamin Mohammed Uddin of Stoke Newington, London, is one of the suspects arrested in the UK in connection to the 2006 transatlantic aircraft terrorist plot in the United Kingdom, and one of the nineteen whose accounts were frozen by the Bank of England.According to the Sunday Mirror he had been...
.
Also, from 23 August to 21 September, Habib Ahmed of Manchester was held as part of the 2006 Cheetham Hill terrorism arrests
2006 Cheetham Hill terrorism arrests
The 2006 Cheetham Hill terrorism arrests was an anti-terrorism operation in the United Kingdom, in which Habib Ahmed, a taxi driver, was arrested by six policemen at his home in Cheetham Hill, Manchester on 23 August 2006 on suspicion of his involvement in a plan to attack on an individual.He...
for the full 28 days before being accused of making computer records of possible terror targets and undergoing a course of weapons training at a Pakistani terror camp between April and June 2006.
Progress of the bill through Parliament
The bill was preceded by a meeting of the Home Affairs Select Committee, Counter Terrorism and Community Relations In The Aftermath of the London Bombings. The bill received its first reading on 13 October 2005, its second reading on 26 October and the third on 10 November. The Government defeat over the detention limit happened at the report stage on 9 November. Royal Assent was given on 30 March 2006.Political implications of the bill
Tony Blair personally argued for the bill, in its full form, in the strongest terms. In particular, he refused offers to compromise on a shorter period of detention, arguing that the 90 day figure was a direct recommendation of the police and that no lesser period would provide adequate protection.Following the Government's defeat on the 90 day matter, and the adoption of an amendment setting the maximum at 28 days, Blair criticised parliament and particularly the Labour MPs who had rebelled, saying there was a "worrying gap between parts of Parliament and the reality of the terrorist threat and public opinion". The defeat of the Government in this matter rekindled debate over whether Blair (who had already announced he would not seek a further term as PM) was a lame duck
Lame duck (politics)
A lame duck is an elected official who is approaching the end of his or her tenure, and especially an official whose successor has already been elected.-Description:The status can be due to*having lost a re-election bid...
, no longer able to muster his party's support over contested issues.
The British media has expressed broad doubts that the Government's intended programme of legislation will now get through Parliament. Specifically; welfare reform (green paper
Green paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
), including cuts in incapacity benefit; a health white paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
, to increase involvement of private companies in health provision; and an education bill, also designed to increase private sector involvement in provision.
First conviction
On 8 November 2007, a British woman, Samina MalikSamina Malik
Samina Malik, the self-described Lyrical Terrorist, was the first woman to be convicted under the UK's 2000 Terrorism Act. Malik, then a 23 year-old Heathrow Airport shop clerk from Southall, west London, was found guilty of "possessing records likely to be used for terrorism", but was earlier...
, became the first person to be convicted under the Act, for "possessing records likely to be useful in terrorism". She was sentenced on 6 December 2007 to a nine months suspended jail sentence
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
. She was previously cleared of contravening section 57 of the Terrorism Act 2000
Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
, an offense which could have led to a 15 year prison sentence. The jury heard how she posted poems on internet supporting Bin Laden and martyrdom, under the name "Lyrical Terrorist" . The prosecution also claimed she joined an extremist organisation named "Jihad
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
Way". Investigators had found a variety of terrorist literature when they searched her house, including poems she had written, terrorism manuals, and other written terrorist material. Malik denied the charges and claimed she was not a terrorist, her pseudonym having been chosen only because "it sounded cool".
Her conviction was later overturned on 18 June 2008 by the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
as unsafe.
See also
- Terrorism Acts
- Prevention of Terrorism Act 2005Prevention of Terrorism Act 2005The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...
- List of terrorist incidents in the United Kingdom
Footnote
Michael Todd was head of Greater Manchester Police at the time of the terrorist related Wood Green ricin plotWood Green ricin plot
The Wood Green ricin plot was a 2002 alleged bioterrorism plot to attack the London Underground with ricin poison. The planned attack had connections with al-Qaeda...
where a police officer was killed when trying to arrest suspects.
UK Legislation
- Explanatory notes to the Terrorism Act 2006.
Structure
The links in this section include only primary documents relating to the debate within Parliament, ordered chronologically and bulleted according to document type:- Text of the bill and Hansard transcriptions of debates.
- Annotations.
- Direct links to Hansard debate subsections.
- Parliamentary briefing documents and other primary sources.
- Direct links to Hansard debate subsections.
- Annotations.
Documents
- Letter from Charles Clarke to David Davis and Mark Oaten (shadow Home Secretary and Liberal Democrat Home Affairs spokesman respectively), 15 July (pdf)
- Hansard - Charles Clarke's statement to the House regarding the 7 July London bombings, 20 July
- Terrorism Bill ~ PDF version
- From The United Kingdom Parliament publications website.
-
- JUSTICE preliminary briefing on the Draft Terrorism Bill - September 2005 (pdf)
- Liberty Parliamentary briefing - Draft Terrorism Bill - September 2005 (pdf)
- Foreign Office report - Counter-terrorism Legislation and Practice: A Survey of Selected Countries, October 2005 (pdf) - referenced in Commons debates, this report outlines current anti-terrorism legislation in ten democaratic nations, including the United States, Canada, Australia and a portion of Europe.
-
- From The United Kingdom Parliament publications website.
- Home Affairs Select Committee Draft Terrorism Bill - 11 October 2005.
- (Terrorism Bill - 1st reading - 13 October : requires no debate in the Commons to be recorded in Hansard or elsewhere).
-
-
- Joint Committee on Human Rights - Counter-terrorism Policy and Human Rights - Uncorrected evidence transcript, 24 October - "Any public use of, or reference to, the contents should make clear that neither witnesses nor Members have had the opportunity to correct the record. The transcript is not yet an approved formal record of these proceedings." - This document is cited during the second reading.
- Amnesty International’s submission of 14 October to the UK Parliament’s Joint Committee on Human Rights in connection with the Committee's inquiry into the subject of "counter-terrorism policy and human rights".
-
-
- Hansard - Terrorism Bill - 2nd reading - 26 October (The House dividedDivision (vote)In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...
: Ayes 472, Noes 94.)-
-
- JUSTICE Parliamentary briefing for - 2nd reading - October 2005 (pdf)
- Law Society Parliamentary brief for - 2nd reading - 26 October (pdf)
- Liberty Parliamentary briefing - 2nd reading - October 2005 (pdf)
- Law Society Parliamentary brief for - Committee Stage - 31 October (pdf)
- Amnesty International’s briefing for the House of Commons’ - second reading - 25 October
-
-
- Hansard - Terrorism Bill (Programme) (No. 2) - Report stage - 9 November
- The debate on ninety days detention:
- amendments tabled for 28 and 60 days, Charles ClarkeCharles ClarkeCharles Rodway Clarke is a British Labour Party politician, who was the Member of Parliament for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006.-Early life:...
begins responding to questions. - contributions from Michael HowardMichael HowardMichael Howard, Baron Howard of Lympne, CH, QC, PC is a British politician, who served as the Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005...
and Kenneth ClarkeKenneth ClarkeKenneth Harry "Ken" Clarke, QC, MP is a British Conservative politician, currently Member of Parliament for Rushcliffe, Lord Chancellor and Secretary of State for Justice. He was first elected to Parliament in 1970; and appointed a minister in Edward Heath's government, in 1972, and is one of...
. - contribution from David DavisDavid Davis (British politician)David Michael Davis is a British Conservative Party politician who is the Member of Parliament for the constituency of Haltemprice and Howden...
begins. - the vote on the 90 day detention amendment with names - Ayes: 291, Noes 322 - "Question accordingly negatived".
- the vote on the 28 day detention amendment with names - Ayes: 323, Noes: 290 - "Question accordingly agreed to".
- Debate begins on 'encouragment of terrorism' led by Hazel BlearsHazel BlearsHazel Anne Blears is a British Labour Party politician, who has been the Member of Parliament for Salford and Eccles since 2010 and was previously the MP for Salford since 1997...
. - Amendment: Clause 1 - Encouragement of Terrorism - "unforeseen recklessness"
- Amendment: Clause 1(2) - Encouragement of Terrorism - "glorifies" - This amendment sought the removal of the "glorification" section of the bill. The House voted to retain "glorification" as an offence.
- amendments tabled for 28 and 60 days, Charles Clarke
- The debate on ninety days detention:
- Hansard - Terrorism Bill - 3rd reading - 10 November
- Terrorism Act as originally enacted - March 2006
For an appreciation of the parliamentary process see Act of Parliament - procedure - UK or, externally, Parliamentary Stages of a Government Bill (pdf) from the Commons Information Office.
Secondary sources
- Point by point: Terror debate from BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
. - At-a-glance: New terror plans from BBC News.
- In quotes: Government on terror plans from BBC News.
Media coverage
- Blair defeated over terror laws - BBC News report
- British Law Against Glorifying Terrorism Has Not Silenced Calls to Kill for Islam by Souad Mekhennet and Dexter Filkins, The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, 21 August 2006
Just prior to the 90 day detention vote
- Why MPs should reject 90-day detention - The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
.- "It is a huge breach of the 300-year-old habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
principle that every arrested citizen has a right to be either charged or freed. Democracies are not supposed to allow imprisonment without trial."
- "It is a huge breach of the 300-year-old habeas corpus
- Out of the frying pan of terror – but Blair will end up facing Labour's fire - The TimesThe TimesThe Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
.- "What looked rash on Friday looks astonishingly percipient today. At a stroke the Liberal Democrats and, more importantly, the Conservatives are at cross-purposes with the electorate on probably the most cutting issue of the decade."
- Stand firm - The SunThe Sun (newspaper)The Sun is a daily national tabloid newspaper published in the United Kingdom and owned by News Corporation. Sister editions are published in Glasgow and Dublin...
- "ATTEMPTS to strengthen the hand of our police against terrorists are under attack. “Human rights” champions, woolly MPs and leftie judges want to scrap plans for holding terror suspects without charge for 90 days."
Just post 90-day detention vote
- A failure of political judgment - The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
- "the wounding conclusion from Wednesday's defeat concerns Mr Blair's judgment, rather than his authority."
- For country and conscience - The TimesThe TimesThe Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
- “Tony Blair no longer commands. Teflon Tony is dead.” The Prime Minister now needs to accept that this is the case and ponder how to adapt to a world where policies could regularly get stuck on the political pan."