Brown defiant on terror suspect plans

GORDON Brown yesterday refused to back down over flagship government proposals to hold terror suspects for up to 42 days without charge, despite fears he could suffer a major Commons defeat.

The Prime Minister denied next week's vote would amount to a show of confidence in his leadership and made clear he had no intention of resigning if he was defeated.

In a defiant address, Mr Brown said he was determined that the government "stick to our principles" in extending the period suspects can be held for.

The move was "inevitable" because security services required longer to break increasingly complex plots, he said.

"I have tried to build consensus around our proposals, but I am determined that we stick to our principles, and that is that up to 42 days' detention is and will be necessary in the future," he said.

There was no hint of another U-turn akin to that on the scrapping of the 10p income tax band – which saw a £2.7 billion payout to compensate the losers – or the likely retreat on an autumn increase in fuel duty. Both issues provoked concern among Labour MPs because of the effect on the party's core support.

Allies of Mr Brown believe he is determined to strengthen the anti-terrorism laws because, even in defeat, he will be able to portray himself as a strong leader doing the "right thing" for the country.

Mr Brown can also point to the defeat on new anti-terrorism laws suffered in 2005 by his predecessor, Tony Blair. Then, 49 Labour rebels helped to inflict the first Commons defeat on Mr Blair, who was seeking to increase the detention period from 14 to 90 days. The 28-day limit was a compromise and Mr Blair refused to treat the matter as a confidence vote.

Mr Brown said the demands on Britain's security services had changed dramatically since the days of the IRA. He said about 2,000 terrorist suspects involved in about 200 networks and 30 potential plots were currently being investigated.

Mr Brown's hardline stance came as the Tory leader, David Cameron, welcomed his newest MP, Edward Timpson, to parliament following last month's victory in Crewe and Nantwich.

The Home Secretary, Jacqui Smith, was addressing the Parliamentary Labour Party last night in an attempt to offer a mixture of reassurance and concessions over the Counter Terrorism Bill, which contains the 42-day proposals.

Earlier, Mr Brown listed five measures that he argued would safeguard the rights of suspects facing detention under the new laws.

He said 42 days would be the maximum period suspects would be held without charge, and that any extension beyond 28 days would only be allowed in "truly exceptional circumstances". This decision would be made by the Home Secretary with the backing of the Director of Public Prosecutions and police.

Parliament would then have to approve the move – possibly within seven rather than 30 days – and the period for which the 42-day extension could apply may be halved to 30 days.

Judges would have to approve holding a suspect each week beyond an initial 14 days and there would be an independent report on all cases. With up to 50 Labour MPs thought to be on the verge of rebelling, ministers have been trying to secure the backing of the nine Democratic Unionist MPs.

Jack Straw, the Justice Secretary, said the "arguments are very strong" in favour of 42 days. Asked if he was confident of winning the vote, said he was "not contemplating losing it".

But the Labour rebel Mark Fisher said Mr Brown could be defeated. "I think it is quite possible, indeed likely, that he will lose and that will be very damaging for him," he said.

John McDonnell, another Labour rebel, said: "Gordon Brown has not made his case. We approved a 28-day limit recently and most of us are a bit bemused why we are here again."

FOR

SUPPORTERS say there is a compelling case to increase the limit.

Gordon Brown, the Prime Minister, insisted: "Some have argued that I should drop or significantly water down the 42-day limit.

"Having considered carefully all the evidence and arguments, I believe that, with all these protections against arbitrary treatment in place, allowing up to 42 days pre-charge detention in these exceptional terrorist cases is the right way to protect national security."

Sir Ian Blair, Metropolitan Police Commissioner, said: "The number of the conspiracies, the number of conspirators within those conspiracies and the magnitude of the ambition, in terms of destruction and loss of life, is mounting, and has continued to mount year by year."

Jacqui Smith, the Home Secretary, commented : "There is at least a possibility in the future that a terrorist suspect would need to be released because there was insufficient time in order to fully carry out the investigation."

Lord Carlile, the independent terrorism watchdog, said there would be a need for 42 days: "I'm completely convinced that such a case may arise, maybe once or twice, over the next four or five years."

AGAINST

"We don't perceive any need for the period of 28 days to be increased. Our experience has been that we have managed comfortably within 28 days"

Sir Ken Macdonald, Director of Public Prosecutions

"It sends a message to particularly the Muslim communities that we are down on them, and misguided young men might take it as justification for taking up arms"

Lord Goldsmith, former Attorney-General

"There is a real risk that ethnic minority communities will find the powers in the Bill so over the top that it will poison the relationship between the police and the ethnic minority communities"

Chris Huhne, Liberal Democrat home affairs spokesman

"The principle is that someone who is not proven guilty by due process should be seen as innocent"

Thomas Hammarberg, Council of Europe's human rights commissioner