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Campaigners hail 42 days defeat 42 days still needed, says Smith
(about 2 hours later)
Civil liberties campaigners are celebrating after the government was forced to shelve the most controversial part of its counter-terrorism policy. Home Secretary Jacqui Smith has said the power to hold terror suspects for up to 42 days is still needed to cope with a "potential catastrophe".
Plans to extend pre-charge detention from a maximum of 28 days to 42 were defeated in the Lords by 191 votes. Plans to extend the pre-charge detention limit from 28 days were thrown out in the Lords on Monday.
Home Secretary Jacqui Smith is now set to push on with the Counter Terrorism Bill without the 42-days proposal. But Ms Smith told the BBC she hoped the government could still "count on people's support" if such a measure had to be introduced in an emergency.
Campaign group Liberty said it had been overwhelmed by the support for its fight against "this dangerous measure". The Conservatives said she should accept that her plans were finished.
Labour rebels have warned that any attempt to resurrect the idea will be resisted steadfastly. Peers rejected the 42 days proposal - passed by the Commons in June - by a majority of 191 votes.
Former Labour Attorney General Lord Goldsmith said the climbdown was "absolutely the right decision" as the measure was "not only unnecessary but also dangerous". Emergency bill
The home secretary's alternative legislation was a non-starter unless there was an extremely different scenario facing the UK, he added. The Conservatives and Liberal Democrats both oppose the measure, which was also voted against on Monday by former Labour cabinet ministers Lord Irving, Lord Falconer and Lord Goldsmith.
"I think what happened today demonstrates that if they ever did try to bring it forward, it would not get through." FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme
Shami Chakrabarti, director of campaign group Liberty warned the campaign against the measures would go on. After the Lords defeat, Ms Smith told MPs the 42 days plan would instead be written into a separate, one-page piece of legislation, which could be pushed through Parliament quickly in the case of a national emergency.
"Liberty has been overwhelmed by the public and parliamentary support for our campaign against this dangerous and counter-productive measure," she said. She told BBC Radio 4's Today programme: "My priority is we need to find a way through this, even if other political parties won't engage with it.
'Biggest defeat' "That's why I brought forward to the Commons... a bill that is ready prepared, that if - and, I fear, when - we face a situation that is so complex, so difficult so potentially dangerous... that actually requires us to investigate somebody for longer than 28 days, it will be there, ready to be brought in."
Ms Smith said instead the measure would be in a separate piece of legislation to be brought to Parliament if needed. She added that it was the government's job to deal with situations that were "potentially so catastrophic" that longer would be needed to deal with suspects.
The Tories said she should just say she was abandoning 42 days. The Lib Dems said it was a "humiliating retreat". 'Cover risks'
The government's plan to extend the period for which police can hold terrorist suspects before charging them squeezed through the Commons in June by just nine votes. Ms Smith went on: "The thing about opposition is you don't have to cover off those risks but government, quite rightly, does and that's why I brought forward the proposals I did.
On Monday, it was defeated by a majority of 191 votes in the Lords, described by the Conservative former shadow home secretary David Davis as "the biggest defeat in the Lords in living memory". "I hope we can count on people's support for this."
In a forceful statement to MPs less than two hours after the vote, Ms Smith said: "I deeply regret that some have been prepared to ignore the terrorist threat, for fear of taking a tough but necessary decision." The 42 days proposal will not now be included in the main Counter-Terrorism Bill.
The decision to prepare emergency legislation instead is merely a fig leaf which does little to disguise their defeat Nick CleggLib Dem leader class="" href="/1/hi/uk_politics/7666022.stm">Peers throw out 42-day plan class="" href="/1/hi/uk_politics/7668548.stm">Analysis: Tactical retreat? Former Labour attorney general Lord Goldsmith said the climbdown was "absolutely the right decision" as the measure was "not only unnecessary but also dangerous".
She said she had prepared a new bill which would allow the director of public prosecutions to apply to the courts to question a terrorist suspect for up to 42 days "should the worst happen". The home secretary's alternative legislation would also not work unless there was an extremely different scenario facing the UK, he added.
She said Britain still needed to "be prepared to deal with the worst", adding: "My priority remains the protection of the British people. Shami Chakrabarti, director of civil rights group Liberty, said she had "been overwhelmed by the public and parliamentary support for our campaign against this dangerous and counter-productive measure"
"I don't believe as some honourable members clearly do that it's enough to simply cross our fingers and hope for the best. That is not good enough." For the Conservatives, shadow home secretary Dominic Grieve said the prime minister's spin doctors had stopped Ms Smith from "saying in straightforward terms that she is abandoning 42 days".
'Political posturing'
Shadow home secretary Dominic Grieve said the prime minister's spin doctors had stopped Ms Smith from "saying in straightforward terms that she is abandoning 42 days".
He told Ms Smith: "You somewhat demean yourself when you, yet again, come back to this argument that those who oppose the government's measures are weak on terrorism."
He said the Conservatives were "perfectly prepared to be firm on terrorism" and pass difficult bills.He said the Conservatives were "perfectly prepared to be firm on terrorism" and pass difficult bills.
Lords reject 42-day detention plan
"But they have to be credible, they have to be based on evidence and they must not be put forward in a way that smacks of mere political posturing and gimmicks.""But they have to be credible, they have to be based on evidence and they must not be put forward in a way that smacks of mere political posturing and gimmicks."
Mr Davis, who resigned his seat in protest at the Commons vote on 42 days in June, described the move as a "spectacular climbdown".
Lib Dem leader Nick Clegg added: "The decision to prepare emergency legislation instead is merely a fig leaf which does little to disguise their defeat."Lib Dem leader Nick Clegg added: "The decision to prepare emergency legislation instead is merely a fig leaf which does little to disguise their defeat."
He added: "The push for 42 days' detention was more about ministers posturing and looking tough than it ever was about fighting terrorism."He added: "The push for 42 days' detention was more about ministers posturing and looking tough than it ever was about fighting terrorism."
MPs passed the proposal by a majority of just nine votes in June, with 39 Labour backbenchers rebelling.