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MPs grill Smith on terror plans MPs grill Smith on terror plans
(19 minutes later)
Proposals to extend the limit on holding terrorism suspects without charge are being examined by MPs.Proposals to extend the limit on holding terrorism suspects without charge are being examined by MPs.
Home Secretary Jacqui Smith is facing questions from the Commons home affairs committee about her plans to increase the limit from 28 to 42 days. Home Secretary Jacqui Smith said the proposed 42-day limit, extended from 28 days, was a safeguard "not a target".
She says it would only be needed in "exceptional circumstances" and MPs would have the final say on its use. Asked why she did not want the 90 day limit Tony Blair preferred, she said they wanted to "garner support" and thought 42 days would be enough.
Ministers lost a bid to up the limit to 90 days in 2005. They face opposition from Tory, Lib Dem and some Labour MPs. Ministers face opposition from Tory, Lib Dem and some Labour MPs in any attempt to extende the detention limit.
That vote, in 2005, handed Tony Blair his first Commons defeat as prime minister. Gordon Brown has said he wants a political consensus on the issue. In 2005, handed Tony Blair suffered his first Commons defeat as prime minister after seeking to extend the detention without charge to 90 days.
Ms Smith has said the move is necessary, because the UK faces a "serious and consistent threat from terrorism". Gordon Brown has said he wants a political consensus on the issue.
Avoiding risks
Asked what had changed since then, Ms Smith told the Home Affairs Committee it was no secret that, through the process of trying to extend the limit, the government was trying to "garner support" among MPs.
But she added: "It's our view that, in the system that we have designed, 42 days is likely to be adequate in the future to avoid the risks that this is about trying to avoid."
She said of 71 responses to a consultation, only six had been "unequivocally" in favour of an extension on the current 28-day limit.
And she acknowledged that there had not yet been a case which had required someone be held for longer than 28 days.
But she said there was "at least a possibility" that in the future a terrorist suspect might have to be released and she wanted to legislate in a way that would allow the government to respond to that risk, should it happen.
Last week she said the 42 day limit would only be needed in "exceptional circumstances" and MPs would have the final say on its use.
It has been argued that the increasing complexity of terrorist plots mean police will need to hold suspects for longer in future.It has been argued that the increasing complexity of terrorist plots mean police will need to hold suspects for longer in future.
Under the government's proposals, unveiled last week, the home secretary would be able to immediately set a 42-day limit - if a joint report by a chief constable and the Director of Public Prosecutions supported it.Under the government's proposals, unveiled last week, the home secretary would be able to immediately set a 42-day limit - if a joint report by a chief constable and the Director of Public Prosecutions supported it.
'Messy and chaotic'
But she said there would be an important safeguard, because it would need to be approved by Parliament within 30 days.But she said there would be an important safeguard, because it would need to be approved by Parliament within 30 days.
However, critics point out that because they are only required to vote within 30 days, a suspect could still be held for 42 days - even if Parliament eventually refuses permission.However, critics point out that because they are only required to vote within 30 days, a suspect could still be held for 42 days - even if Parliament eventually refuses permission.
The Liberal Democrats have described the proposals as "messy and chaotic" - and a government attempt to "sweeten the pill" for rebels on its own backbenches.The Liberal Democrats have described the proposals as "messy and chaotic" - and a government attempt to "sweeten the pill" for rebels on its own backbenches.
The Conservatives and civil rights group Liberty have argued that current powers to call a national emergency are sufficient when faced with a case that requires going beyond 28 days.The Conservatives and civil rights group Liberty have argued that current powers to call a national emergency are sufficient when faced with a case that requires going beyond 28 days.
Ms Smith may also be questioned about the reported imminent release of four British residents held at Guantanamo Bay. Ms Smith was also questioned about plans to stage a police pay rise, which has prompted the Police Federation to consider balloting officers in England and Wales on whether they should have the right to strike.