Historic battle over public safety and individual rights
British Parliament struggles to end impasse on how to detain suspected terrorists.
[
Editor's Note: Since this Daily Update on Terrorism & Security was published, Parliament
reached a compromise with Prime Minister Tony Blair, reports the
Associated Press.]
Sleepless in Parliament would be one way to describe the political battle over anti-terror legislation raging in Britain this week and, possibly, to continue through the weekend into Monday.
The House of Lords and the House of Commons spent all night Thursday trying to reach a compromise on extended legislation affecting the arrest and detention of suspected terrorists for "cases where it would
not be possible to prosecute some in court," reports the
BBC.
The debate is not academic. When it began, 11 terror suspects were in prison. As of Friday, all have been released on bail.
Earlier in the week "a fresh warning from the London Metropolitan Police Commissioner, Sir Ian Blair, that every one of the
detainees remained 'a grave threat to national security," racheted up public interest in the proceedings, reports the
Sydney Morning Herald.
British officials, faced with the expiration of the emergency internment legislation passed after the September 11 attacks in the US, and a judge's order that there were no legal grounds for continued holding of the terror-suspects, began "
releasing foreign suspects held under a discredited terrorism law on Friday" reports
Reuters on Friday.
Cars were seen driving out of London's maximum security Belmarsh jail carrying some of the detainees. Others were being held at a mental hospital. The Home Office said all eight were likely to be freed soon on bail.
They include the man accused of being the spiritual inspiration for the Sept. 11 attacks on the United States.
The men have been held for up to three years without charge or trial under emergency laws, which were passed after the Sept. 11 attacks in 2001 and ruled unlawful by judges last year and expire on Sunday.
The chairman of the special immigration appeals commission, Justice Ouseley, "ran out of patience with the Home Secretary, Charles Clarke, for whom he has been waiting for more than three weeks to negotiate bail conditions," reports the
Herald.
Despite the political gridlock, neither side is opposed to the goals of the legislation - the pre-emptive detention of terrorists in Britain who pose significant threats to public safety.
For the government of Prime Minister Tony Blair, it is a battle of means and not ends.
Mr. Blair wants the new "
control orders" – which range from electronic tagging to restrictions on terror suspects movements, association and use of telephones and the Internet to house arrest – as a way to wage the battle against terrorists before they strike, reports the
Scotsman. The opposition Conservative and Liberal parties, as well as a majority of the House of Lords, agree with the goals of Mr. Blair, but want greater checks and balances on the government's usurping of individual liberties, including a 12-month sunset clause to any law passed, thereby guaranteeing a thorough review will occur in a timely but less hurried manner.
Such a clause is unacceptable to Blair as it "would cast a pall of uncertainty of the legislation," reports the
Scotsman. His answer to the Lords:
'They have got to understand to continue to water down this legislation is wrong. They should stop it. It is time to get serious. We are talking about an issue where the advice is clear. We need these powers.' Leader of the Tory party Michael Howard said the government could "have the bill for a year and then everybody could work out better legislation," says the
Scotsman.Strict bail conditions were attached to the release of the first terror suspect and were likely to be applied to all the others, reports the
BBC.
The
bail conditions require a suspect:
•Must wear an electronic tag.
•Must observe a curfew between 7 p.m. and 7 a.m.
•Must live at his home address.
•Will not be allowed to meet anyone by prior arrangement outside his home without Home Office permission.
•Police and other officials will be able to carry out searches in his home.
•Will only be allowed one fixed telephone line. Mobile phones and computers which can access the Internet are not permitted in his home.
•Must notify the Home Office if he intends to leave the country.
•Will be limited to one bank account and barred from transferring money without the Home Office's consent.
Characterizing the current impasse on terrorism law as political "
ping-pong," the
Times of London urged members of parliament to step back and remember that the war on terror is more a "game of chess."
The perhaps mundane truth is that Al Qaeda will not be broken by conferences, treaties or committees. The best means to that end involves improving existing national intelligence agencies, particularly in gathering human intelligence, and then ensuring that these organizations talk to each other candidly and constantly. The relationships between MI5 and MI6 and their key European counterparts (particularly the French, Spanish and Italians), for example, were transformed after 9/11. A sound counter-terrorism strategy would build on that progress. Philip Webster, political editor of the
Times, says there appears to be an evolving consensus which would end the political
impasse.
The Lords backing down on the burden of proof amendment and then the Government [having] to consider a sunset clause, although one which has a longer expiry period than the 12 months now on the table - maybe two years would be acceptable.
Also...
•
Al Qaeda 'has 200 on UK streets' (
BBC)
•
Terror bill timeline (
BBC)
•
In the name of the father (
Sydney Morning Herald)
• Feedback appreciated. E-mail
Jim Bencivenga
.
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