Government expected to make concessions over anti-terror plans
The Government is expected to make further concessions over its controversial anti-terror plans after the House of Lords defeated elements of the Prevention of Terrorism Bill five times.
Home Secretary Charles Clarke is tipped to bow to pressure to give judges – not politicians – the right to issue “control orders” in all cases.
A Home Office spokeswoman last night said Mr Clarke would back greater “judicial involvement in the order-making process” when the Bill returns to the Commons.
Mr Clarke has already succumbed to political pressure to allow judges to give the go-ahead for the most “severe” house arrest control orders – rather than the Home Secretary. Other control orders include electronic tagging, curfews and telephone and the internet restrictions.
The spokeswoman said Mr Clarke had agreed to make some “movement” in the area of derogating control orders.
“It is his view that the Home Secretary should make these decisions in light of his responsibility for public safety and national security and his accountability to Parliament.
“But in considering the Lords’ concerns the Home Secretary will announce tomorrow his decision to change the process in the hope that parliamentary consensus can be achieved.”
But it remains to be seen whether Mr Clarke will stick to his guns on the level of proof required before a control order can be imposed and whether he will concur with peers to debar house arrest suspects from claiming benefits.
Mr Clarke explained to The Guardian his reservations on the issue of enhancing the burden of proof: “If we have to have a higher level, it is possible that we would not be able to put control orders on some people who are, according to our understanding, a real danger to this country,” he said.
Last night, peers in the second chamber demanded a “sunset clause” in the Prevention of Terrorism Act, limiting its use until the end of November.
Peers backed the “sunset clause” by a 297-110 votes last night.
Twenty-four Labour peers defied the whip, including Tony Blair’s close friend and mentor, former Lord Chancellor Lord Irvine.
With time running out, Mr Clarke will have to weigh up his options on whether to concede to proponents of the “sunset clauses”.
Mr Blair is opposed to a time limit on control orders.
The controversial bill comes after law lords in December ruled that detention without trial of foreign terror suspects was in contravention to the European Convention on Human Rights.
The Government hopes to get the law on the statute books before the previous bill expires on March 14.
