28 into 42 won't go!

Back in the autumn of 2005 Tony Blair experienced his first ever Commons defeat. A healthy majority of 66 was turned into a 31 vote defeat on the key vote on the terrorism bill. Tony Blair, a prime minister who possessed impressive skills of persuasion, could not convince enough of his own MPs to back an increased limit of 90 days on the detention of terrorism suspects without charge, even with the vocal support of the chief constables. What chance Gordon?

The scene is now set for next week's battle with the government apparently pressing ahead with plans that would allow the police to hold terrorism suspects for up to 42 days before they are charged.


Some say such measures are a necessary evil but I cannot help feeling that they are a step too far? What do others think?



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Re: 28 into 42 won't go! (#1)

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn't a Jew.

When they came for me,
there was no one left to speak out.

Re: 28 into 42 won't go! (#2)

Step too far. But I think he'll win the vote unfortunately.

Re: 28 into 42 won't go! (#3)

I think it's a step too far. I don't like how they've been lying about Italy aswell. They claim that Italy can hold suspects for months on end which is untrue. Their limit if 4 days. 28 days is already exceedingly high, we don't need more.

 

I think the rebellion will be massive and I hope the rebels win. But I reckon there will be enough abstentions and enough MPs gritting their teeth and backing Gordon for the sake of the party and the government to just about win it for the government. 

Re: 28 into 42 won't go! (#23)

I can't be bothered looking up the details about Italy, but if my memory serves me correctly I think it's true they can hold people for an incredibly long time. I'm just going off something David Aaronovitch said once on Question Time, though. It was after Meredith Kercher was killed; the suspects were held for months before being charged.

I'm completely against the extension to 42 days, and am very glad everyone else seems to be. Hardly anyone wants, and certainly nobody needs, the extension. The case for it just isn't persuasive and there are other things we can do first, like using phone-tap evidence, as other people have mentioned. I hope the government is defeated heavily.

Re: 28 into 42 won't go! (#44)

At any rate Italy, with its Mob culture, corruption, rightwing dominance, xenophobia, cryptofascist parties, media manipulation, and so on, probably shouldn't be top of the left or centre-left's list of countries to emulate.

Re: 28 into 42 won't go! (#4)

Bizarrely, I think the TV show "Ultimate Force" summed it up the other day, they talked about tapping into mobile Phones via the receiver and listening in [something done in the US against the mob to great effect]

The restrictions are unecessary, but we won't allow phone tap evidence or Mobile location and electronic listening in court because the civil liberty lobby would have a greater fit than they're doing over 42 days.

Re: 28 into 42 won't go! (#5)

After the Glasgow car bomb, Shami Chakribarti endorsed using wire-tap evidence in court.

Re: 28 into 42 won't go! (#6)

I sincerely hope the government loses this vote. It's a ridiculous proposal with a number plucked out of the air. It's a draconian measure and a further assault on our civil liberties. It's a very poor measure for our leader to make a stand on. It looks cynical and it looks as though we are playing party politics and the Tories look as though they have integrity... unfortunately.

We have the Civil Contingencies Act in any case so it is completely unnecessary.

Re: 28 into 42 won't go! (#7)

This whole 42-days business is a disasterous blunder. No other country in the OECD finds it necessary to have anything like this time. It will either:
a. never be used - in which case it is pointless.
b. be used, in which case it will cause immense resentment.

Gordon seems to imagine that it will win him popularity, and show that he is "tougher on terrorism than the Tories".  Pathetic really.

Re: 28 into 42 won't go! (#8)

The rest of the world is laughing at us....

Except maybe for countries like Malaysia* which has routinely abused their Internal Security Act (inherited from colonial Britain) to detain political opponants.

Strange isn't it, we are introducing all these iliberal and oppressive laws but rather than making us free (or safer) Britain is becoming more like those places from where our supposed enemies originate. Doesn't anyone find that just a little bit odd? 

God forbid we ever have a terrorist incident in future, the Police will have a free hand to snatch friends, family, neighbours or even just the casual aquaintances of the suspects off our streets.  Worse, 42 days (or indeed 28) wouldn't have done anything to prevent the incident in the first place and its a fraud for the Government to suggest otherwise.

This Government and all those that support these measures should be personally ashamed of themselves. Instead of marching confidently into the 21st century, we are moving ever closer to the 1930's; complete with oppressive laws, a suspicious State where any citizen might be the enemy, ID Cards and perhaps even carbon 'ration cards' too.

I hope before voting, the MPs of all parties look at their children and grand-children and think carefully about the sort of country they are gifting the future.


* Used for illustration. Malaysia is an otherwise decent country


Re: 28 into 42 won't go! (#10)

I'm worried about the young men who will be interned for 42 days who are subsequently found to have done no wrong. They will go back to their communities forever divorced from engagement with the state.

And if there is any racial or religious profiling applied to such actions, we will drive countless people into fearful, defensive ghettos.

The police use the powers they are given. Peace campaigners have been detained at arms trade fairs under terrorism legislation. If the police want to keep someone for a while, they will find a way of applying this law.

We're better off without it and the voters won't thank us for driving people to radicalism.

Re: 28 into 42 won't go! (#16)

All too true. I hope the government is defeated.

Re: 28 into 42 won't go! (#9)

It's a giant leap too far especially given the fact that we know anti-terror laws have been abused for other purposes and especially especially because a similar policy in Northern was a complete disaster (not least because of its recruiting ability for the IRA!!!!!)

Re: 28 into 42 won't go! (#11)

I'm encouraged that all of you guys are against this ridiculous measure.  The question is, if everyone with half a brain realises it's wrong, why do the Government want to do it?  All clues gratefully received...

Re: 28 into 42 won't go! (#17)

Political posturing. The Sun supported 90 days, and attacked the 'lefty' judiciary that opposed it.

Re: 28 into 42 won't go! (#20)

Prbo, are you suggesting I have only half a brain?  ;)

Re: 28 into 42 won't go! (#25)

Perish the thought!

Re: 28 into 42 won't go! (#22)

I hope everyone posting on here is therefore lobbying their MP to oppose it! A little less conversation, a little more action.

The idea that supporting the Government on this, like a good little loyalist, will help Labour electorally is madness. If Labour rebels are seen at the forefront of opposition it takes the media spotlight away from the Tories and Lib Dems.

Re: 28 into 42 won't go! (#29)

I'm glad to see that this issue crosses the left-right divide. What world is Gordon living in?

Stand firm backbenchers, no matter how bad it might look for the government this is a point of principle. It goes against tradition, necessity and transnational precedents set by our European allies. There is also a legitimate argument that ths will worsen alienation amongst Muslims, so it's totally counterproductive.

Re: 28 into 42 won't go! (#12)

Not happy about 42 days. According to the press even MI5 are neutral about it. I read that the police say that they don't really need it. And on top of that I see in this mornings paper that violent radicals are going to get therapy rather than prosecution(?). So I'm not sure where we are going with all this but I dont think 42 days is right. We should draw the line at 28 days. 

Re: 28 into 42 won't go! (#13)

That's at least 14 steps too far!!

Re: 28 into 42 won't go! (#18)

It's absolutely unnecessary. A measure that has been endorsed by the police, and civil liberty groups, as well as the security and intelligence services, is allowing wire-tap evidence in court.

Besides, these powers are supposedly emergancy powers. Does anyone think that if war was to break out tomorrow, people wouldn't be able to be detained for 42 days?

Re: 28 into 42 won't go! (#19)

Remember, they can bring charges if they can show that there is reasonable suspicion that a terrorist offence has been committed.  And these offences are drawn very widely.  So what we are talking about is holding people beyond 28 days when there is no reasonable suspicion that they have committed an offence.  Lunacy!

Re: 28 into 42 won't go! (#21)

Not a step to far. It's not the leap needed. 28 days is a joke 42 is still not enough it must be the 90.
To unravel international terror across multiple borders, and through the bitstream takes time.

Re: 28 into 42 won't go! (#24)

But isn't that a function of resources? If you have more, experienced and well-trained officers working a case - with the proper investment in intelligence, together with a co-operative international environment, wouldn't that reduce the perceived need for 42 or 90 days?

In fact, isn't the detention extension just an excuse not to provide this alternative investment?

And why 90 days - why not 180? Where do these arbitrary numbers come from?

Re: 28 into 42 won't go! (#26)

hear hear alex, with you all the way

Re: 28 into 42 won't go! (#28)

HOWLERMONKEY said: "Not a step to far. It's not the leap needed. 28 days is a joke 42 is still not enough it must be the 90. To unravel international terror across multiple borders, and through the bitstream takes time."

With respect, you're quite wrong.

Normally, if the Police are holding a suspect, its obvious that something brought that suspect to their attention... perhaps caught in the act or having been found with certain 'materials' in his possession? It follows that it should be a simple matter to charge that individual almost immediately.

Where a longer detention would be useful to the Police is if the suspect came to their attention because of a 'tip off' or simply by association with another AND where no (or little) other supporting evidence is discovered. 

The fact of the matter is; that this law won't protect us from those caught 'red handed' (assuming they hadn't already successfully launched their attack). But it will expose ALL of us to the risk of being snatched off the streets merely because we were in the wrong place at the wrong time, happened to know the wrong people or because someone (maybe maliciously) pointed a finger in our direction.

42 Days will enable the Police the luxury to go fishing for half-imagined conspiracies. It will allow them unprecedented powers to dig into the personal lives and backgrounds of others in the hope of discovering some juicy evidence against an individual or even against their friends in turn. I guarantee that many will be swooped up in the big net but very few if any will be charged with an actual terrorist offence.

This is a very dangerous law, one that the Government promised they'd make a compelling case for... they haven't been able to do that. Instead, they now offer vague assurances that it will only be used in 'the most grave and exceptional circumstances'.  Clearly even they cannot make a rational case for such a law and I suggest this is precisely why we shouldn't entertain having such a measure on the statute books.

Re: 28 into 42 won't go! (#27)

I have no problem with intercept evidence being used in court.

I would much rather the law was reformed to allow this rather than to allow 42 days detention.

Re: 28 into 42 won't go! (#32)

As far as I'm aware, there's no desire amoung the police and intelligence services to use intercept evidence in court generally, as it's felt that it would generally making one successful conviction is not worth releasing details of how interceptions are made.

And surely that's the main issue with detention - what do those who are actually involved in fighting terrorism say about it? And the truth is that they don't think it will make a lot of difference. They haven't needed 28 days yet and they don't think they will any time soon. And even if one day an extraordinary series of events mean they do, it's a reasonably fairly simple procedure to make emergency legislation to temporarily extent it. The argument of ministers is mainly that if we were forced to do that it would seem like we were "giving in" to the terrorists. However, I think it's far better to make the permanent limit the one that has been satisfactory so far and will almost certainly continue to, with the risk that one day we might possibly need to make emergency legislation, than to accept this idea that we need a permanent 90 day limit.

 

Re: 28 into 42 won't go! (#30)

sooner or later these scumbags will butcher more innocent people and children what will your excuses be then

Re: 28 into 42 won't go! (#31)

I actually support the government on this. Nobody on here is privy to the intelligence reports that Ministers get on Muslim extremism so cannt possibly be able to judge that it is not necessary to have thees peowers. If you were in the PMs shoes and the safety and security of the people was on your watch you may think more abut it rather than buying the silly reactions of rent a quote Chami Chakrabarti who I am sure is  Tory stooge.

The radical Islamic threat is the most serious terror threat we have ever faced.

The government have introduced a raft of measures that wil sunsure a lot of safeguards in place. 

Re: 28 into 42 won't go! (#37)

Yes, we should just try the powers-that-be...after all they were right about WMD in Iraq!

Re: 28 into 42 won't go! (#40)

The law as proposed only applies to people for whom there is no evidence. Once there is evidence, even a small amount, a person is charged.

But why is there any need for a law that incarcerates people without evidence?

You call them scumbags and suggest they will murder - butcher - "people and children", but at the point at which this law would apply, the police would be saying nothing more that they think they might, at some point in the next 42 days, come across some evidence.

And if you start incarcerating people for effectively being "Muslim with intent" then you will create a generation of people with cause to undermine the functioning of the British state.

Re: 28 into 42 won't go! (#45)

I'm not libertarian enough to support legalisation of terrorism, so why must the incinuations of the pro 42-day camp, say that I am?

No-one here, is suggesting letting people who have been convicted of, or charged with terrorist offences go. But that's the point, they MUST be charged.

I'm all for strengthening the justice system, to ensure less beaurocracy, and court time, by allowing wiretap evidence in court. But we must strengthen the system, not weaken it.

Re: 28 into 42 won't go! (#34)

It's a matter of how much you value liberty, is it not? What price do you put on liberty? How much liberty are you prepared to "trade" in the, probably vain, hope that it will prevent outrages?

Using your argument, why stop at 42 days, why not 100, 200 or 1,000, or indefinite detention, or execution?

If it took the establishment of a police state and ruthless state terror to prevent future outrages would you support that? There was little terrorism in Hitler's Germany, in Stalin's Russia and in Sadam's Iraq. But would you go as far as this in Britain?

Re: 28 into 42 won't go! (#50)

Very true (and I was going to say there were terrorists who bombed the WTC in '93 in Iraq, but you were talking about terrorism, so I'll let you off)

Re: 28 into 42 won't go! (#33)

If the Government were really keen to stop Muslim extremism, why don't they  jail many Imans and stop most Immigration from Muslim countries outside the EC?

Re: 28 into 42 won't go! (#35)

I'm not sure what good jailing David Bowie's wife Iman would do?

I think you mean 'Imams' - but then ignorant fuckwits generally aren't too sharp on these things. Iman is a Muslim though so just lock her up too shall we!?

Maybe you should seriously investigate how easy it is to come to the UK if you're from outside the EU? 

Re: 28 into 42 won't go! (#36)

Well well well. Quite the nationalist aren't we? Stormfront would be a better place for statements like that to be made.

Re: 28 into 42 won't go! (#46)

3 asylum seekers, yes 3, in as many decades have been convicted of terror offences.

This is clearly a racist statement. Maybe not overtly. But the very fact that I am an anti-theist stops me believing in racial profiling. Christianity is not a race. Islam is not a race. Judaism (the religion being different from the ethnicity) is not a race. The only immigrant to have commited mass murder on 7/7, was from Jamaica. Islam, has adherents who have the East Asian features, as a mixture of Genghis Khan's conquering, and the clash of the Crusaders. In Kazakhstan, China, Malaysia, and other places, Muslims do not fit people's sterotypical image of a Muslim. There are White Europeans who are Muslim converts. Actually, if you study these terrorist atrocities carefully, there are a disproportionate amount of European jihadists. Why? Because they are more susceptible to be taken in by an extremist sect.

Re: 28 into 42 won't go! (#41)

According to the FT Jacqui Smith is privately against this as well. "she has been asking why this has to be done - and, if it does have to be done, why now ? She blames Mr Brown ... they have had a serious falling out in the past week."

Re: 28 into 42 won't go! (#42)

As a liberal social democrat I'm so glad to hear the unanimity of labour supporters. who knows, perhaps this represents a longer term shift by labour away from authoritarianism?

Re: 28 into 42 won't go! (#43)

I'm not sure that the government's past and present authoritarianism have ever reflected the views of most Labour Party members.  Many members would say that party policy isn't always decided in as democratic a way as it should be.

Hope you're right though. 

Re: 28 into 42 won't go! (#48)

No, listening to my MP's parliamentary report on Friday, she said she was tempted to put an amendment down to raise it to 90 days.  She, at least, isn't listening.

Re: 28 into 42 won't go! (#47)

The executive proposes, the legislature enacts and the judiciary enforces.  It seems to me, if the politicians start locking people up, we are creating political prisoners.  So, in mind this is wrong in principle as well as having predicable and unpredictable counter-effects.

Re: 28 into 42 won't go! (#49)

You are quite right. I am no lawyer, but to me it is reminiscent of the Star Chamber, abolished by the Long Parliament in 1640.

See the National Archives Web site:
Star Chamber, Court of

So called because of the decorative pattern of stars on the ceiling of the chamber where it met, the Court of Star Chamber acted as a 'court of equity' in criminal matters. Founded in 1487, during the reign of Henry VII, it consisted of the chief officers of state and the two chief justices. Initially it had jurisdiction over unlawful riots and assemblies, offences of sheriffs, and jurors. This was later extended to offences against royal proclamations. The court was abolished by the Long Parliament
 in 1640."

Re: 28 into 42 won't go! (#51)

"28 into 42 won't go!" - but it will according to Jon Trickett of Compass it seems:

According to today's Guardian: "Ministers were encouraged by the news that one regular rebel, Jon Trickett, the Labour MP for Hemsworth, had decided to back the government."
 
Yet again Compass in Parliament lets us down . . .

Re: 28 into 42 won't go! (#52)

It now appears that voters have a choice at the next election between:

a right wing, libertarian party (the tories)

and

a right wing, authoritarian party (labour).

 as a labour member for most of my life i could never vote tory, so my solution will be to vote for a smaller party, or not to vote at all.

but i suspect many with looser ties to the party will feel the first choice is preferable, these days.

and the party will only have itself to blame.  i had hoped that the language of 'fairness' that they have started to speak in recent weeks, might mean they ditched the doublespeak of 'choice' and also recognised that civil liberties are an essential component of fairness.  but the signs so far aren't exactly promising...