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Human rights 'help fight terror' Post-charge questioning supported
(about 1 hour later)
The lord chancellor has called for a change in the perception that the Human Rights Act is a "terrorists' charter". Police could be allowed to question suspects after they are charged, under proposals being considered by the government, the lord chancellor says.
In a speech in London, Lord Falconer said that human rights, freedom and the rule of law were the most effective weapons in the fight against terror. Lord Falconer said that post-charge questioning may be "very sensible" and might not be limited to terrorism cases.
He also urged lawyers to allow policy-makers to decide how best to confront terrorism. Such a change would have a relatively minor effect on civil rights, he said.
Last week, Lord Falconer called for a blitz on the "nonsense" clouding the importance of the Human Rights Act. Officers cannot question a suspect once charged. Police have been pushing for longer pre-charge detention periods.
The lord chancellor spoke about the Act to the Royal United Services Institute for Defence and Security Studies. Lord Falconer was speaking after giving a speech at a Royal United Services Institute conference on politics and terrorism.
Ahead of his speech, Lord Falconer told BBC Radio 4's Today programme that the Human Rights Convention "does not in any way properly inhibit us from fighting terrorism". You could have post-charge questioning which is one of the things we are looking at Lord Falconer
We are a free country - our freedoms are embodied in that convention Lord FalconerLord chancellor He hinted at forthcoming new anti-terrorism laws, saying Home Secretary John Reid had already indicated that the government would seek to extend the pre-charge detention period.
He said the legislation makes it clear that "human rights are not for a few individuals - they are for everyone". And he added: "You could have post-charge questioning which is one of the things we are looking at.
The lord chancellor went on: "We are a free country. Our freedoms are embodied in that convention. "It may be a very sensible thing to do."
"We shouldn't be ashamed by it. We shouldn't be embarrassed by it. It doesn't prevent us fighting terrorism." 'Terrorists' charter'
He did, however, stress that on some occasions it is necessary to infringe on an individual's rights for the sake of the wider community. In November the Attorney General Lord Goldsmith also said he favoured a change in the law to allow suspects to continue to be questioned after charge.
In his speech later, Lord Falconer said human rights were not a "straightjacket", but were the values which mark society out as being "different" from terrorists. The UK's top police officer, Metropolitan Police chief Sir Ian Blair, also backs the change.
Common sense In his speech Lord Falconer called for a change in the perception that the Human Rights Act is a "terrorists' charter".
He said human rights were not a "straightjacket", but were the values which mark society out as being "different" from terrorists.
On some occasions it would be necessary to infringe on an individual's rights for the sake of the wider community, he said.
He also told the Royal United Services Institute that lawyers should let policy-makers decide how best to confront terrorism.
"Whilst the response must be lawful, the policy-makers not the lawyers must determine that response, and whilst legislation will have its role, it will only be a part of the response," he said.
And he suggested it was time to tone down the language used in the debate about terror laws.And he suggested it was time to tone down the language used in the debate about terror laws.
Last week, Lord Falconer said a more "common sense" approach to human rights laws was needed by public bodies who sometimes misinterpreted them. "We are in a struggle about values that will ultimately be decided by winning hearts and minds, and as such we must consider the impact that our counter-terrorism policy and our counter-terrorist legislation may have on the communities that we seek to protect."
The Tories have said they would scrap the Act altogether claiming it is being abused by criminals.
But Lord Falconer said that if rulings did not make common sense, the Act had been wrongly interpreted.