http://www.guardian.co.uk/terrorism/story/0,12780,1420046,00.html

3.30pm 
 
Clarke announces anti-terror laws concession 

Simon Jeffery
Tuesday February 22, 2005 

The home secretary, Charles Clarke, today announced compromises to
controversial proposals to put British terrorism suspects under de
facto house arrest in the hope of winning support for their swift
passage through parliament.
Under the concession, individuals ordered by the home secretary to
stay in their homes would receive an automatic judicial review of
their case within seven days.

Those subject to lesser controls such as limits on internet
communication could challenge the decision in the high court.

Ministers are attempting to get the orders on the statute book before
the post-9/11 emergency anti-terrorist legislation expires on March
14. To do that, the government needs the support of Tory peers in the
Lords and the passage of the bill through the Commons in two days.
Critics of the proposals, who include both the Tories and Liberal
Democrats, argue that judges alone should have the power to curtail
the liberty of British citizens.

The shadow home secretary, David Davis, asked what the emergency was
that meant a bill abandoning "a key principle of British justice"
could not be subject to the usual scrutiny of parliament.
"No one is saying we should do nothing but I have to tell the home
secretary he has settled on the wrong answers," Mr Davis told the Commons.

Mr Clarke insisted that he was dealing with threats to national
security, which were the sole responsibility of the government. "Some
believe that the absence in this country of a terrorist outrage like
9/11 or Madrid means that the terrorist threat has somehow passed us
by or failed to materialise," he told MPs.

"That view is short-sighted, complacent, ignorant of the facts and
potentially cavalier of the safety of this country."
He said that the compromise on judicial review meant judges would now
have a "critical role" in the workings of the control orders.
The orders could involve restrictions on a person's right to travel or
associate with other people.

The most serious could also involve requiring suspects to remain at a
particular address, under a form of house arrest that would require a
derogation from the European Convention on Human Rights. The home
secretary said he did not intend to seek a derogation immediately
since the security services did not believe orders requiring detention
at one address were not currently necessary. 
Mr Clarke said the government's preferred approach was for prosecution
of terrorist suspects and ministers were considering the scope for new
offences relating to the commission and instigation of terrorist acts
when parliamentary time allowed.

Unveiling the legislation today, Mr Clarke said: "My principle
responsibility is to protect this country and everyone within it.
"It would be the gravest dereliction of duty to wait until we have
suffered a terrorist outrage here and then respond only after the
event. "I am not prepared to take a risk of that kind."

Plans to place control orders on suspected terrorists were revealed
last month in response to a ruling from the law lords against the
imprisonment without trial of foreign national suspected of terrorism.
Mr Davis said the Conservatives would support the renewal of the
post-9/11 emergency legislation in order to allow more time to
scrutinise the proposed law. He said it offered "no proven advantage"
over separate legislation allowing the detention of British terrorism
suspects for 14 days for police questioning.

The prevention of terrorism bill will be published today, with the
hope of getting it on the statute book by March 10 - four days before
the existing legislation expires.








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