Counter-Terrorism Bill
31st March 2008
David Burrowes questions the Home Secretary about the necessity of the Government's proposal to gain the power to detain terror suspects without charge for 42 days given that prosecutors can use the lower threshold test of reasonable suspicion.
Mr. David Burrowes (Enfield, Southgate) (Con): Given that prosecutors can use the lower threshold test of reasonable suspicion to charge a terrorist, why is it necessary for them to be able to charge now and then furnish evidence later? Why is it necessary to extend pre-charge detention when they can charge and then question post charge?
Jacqui Smith: The threshold test is undoubtedly important, and it has been used in terrorist cases. It was, of course, available at the point at which this House previously decided there were arguments for extending the period of pre-charge— [Interruption.] Well, it was available at that point, but the House still made the decision that it was necessary then to extend the period of pre-charge detention. The threshold test nevertheless requires the expectation that sufficient admissible evidence will become available within a reasonable period of time in order to reach the full code test for charging, and there may well be circumstances—although I hope fewer than would have been the case previously—when that might not be the case. Notwithstanding the important contribution that the threshold test can make, there might still be such scenarios, and I would certainly be willing to write to the hon. Gentleman on what they might be, and to copy that letter to others.
LATER INTERVENTION IN THE SAME DEBATE
Mr. Burrowes: On tough talk, as the Government pursue gesture politics through the Bill, in the name of being tough on terror, the irony will not be lost on the public that, on the one hand, the Government want to pursue detention of suspected terrorists, yet, on the other, they have released convicted terrorists early.
David Davis: My hon. Friend is right.
