http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/03/09/nterr09.xml

 
Humiliated Blair may abandon terror Bill

By George Jones, Political Editor
(Filed: 09/03/2005)
Tony Blair faces the humiliation today of bowing to Tory and Liberal
Democrat demands to water down the Government's anti-terror proposals
or risk losing the entire Prevention of Terrorism Bill only weeks
before an expected general election.
The Government suffered another heavy defeat in the House of Lords
last night when peers voted overwhelmingly in favour of a "sunset
clause" limiting the life of proposed powers to impose control orders
on terrorist suspects.
It was the second night running that peers had savaged the Terrorism
Bill on civil liberties grounds, paving the way for the most serious
trial of strength between the Government and the Lords since Mr Blair
came to power.
The legislation has to be on the statute book by the end of this week
because the present powers to hold foreign terrorist suspects without
trial will expire on Sunday.
Downing Street last night backed away from reports that 10 suspects
held in Belmarsh Prison or under strict bail conditions would be
released on to the streets on Friday if the stand-off was not resolved.
The Home Office has a fall-back provision to enable the existing
powers � which the Law Lords ruled in December were a breach of human
rights � to be renewed for nine months.
The Prime Minister's spokesman said the first concern was national
security. "That is what will guide the Government's actions," he said.
The Tories had protested against what they claimed were attempts to
"strong-arm" opponents into backing the Bill. David Davis, the Tory
home affairs spokesman, said suggestions that suspects would be set
free amounted to "playing politics with terror".
Michael Howard, the Conservative leader, said the fate of the
terrorism laws was now in Mr Blair's hands. "He could have his Bill
with a time limit which would make sure that Parliament had the
opportunity properly to discuss it or he could continue with the
existing legislation," he said.
"We have made both those offers to him. So if there is no legislation
on the statute book at the end of this week that will be Mr Blair's
decision, not ours."
Ministers held emergency talks last night to agree concessions which
could be put to MPs when the Bill returns to the Commons later today.
Last week the Government reluctantly agreed that the more serious
orders for house arrest should be decided by a judge. It then came
within 14 votes of being defeated by MPs over demands for judges to
authorise other orders, including electronic tagging, curfews and
telephone and the internet restrictions.
The Lords later amended the Bill to require judges rather than the
Home Secretary to authorise all control orders. 
Peers also backed � against Government wishes � other safeguards,
including requiring a judge to be convinced on the balance of
probabilities, rather than the suspicions of the security services,
that a detainee was involved in terrorist activities. 
And they insisted that those under house arrest did not lose the right
to state benefits, food and health care. 
Charles Clarke, the Home Secretary, is expected to concede an
extension of judicial involvement to all control orders. Sources said
he would propose the automatic involvement of a judge shortly after an
order had been made.
The concession may not be enough to satisfy the Opposition, let alone
the 60 Labour MPs who voted against the Government last week. A
leading Labour rebel said the Government needed to accept all the
additional safeguards imposed by the Lords or risk further rebellion
today.
The "sunset clause", which would lead to the powers lapsing
automatically in November, is the most difficult for the Government to
accept because it has been proposed by the Conservatives.
Mr Blair reaffirmed his opposition to a time limit on control orders
but last night the odds were stacked against him, with a growing view
at Westminster that the legislation was mortally wounded. 
The nervousness in the Government was reflected by instructions for
Labour MPs to return from overseas trips or their constituencies.
The Lords cast its stance as defending civil liberties and protesting
at the way the Government was steamrollering through Parliament laws
taking away centuries-old legal protections for citizens.
Peers voted by 297 to 110, a majority of 187, to approve the "sunset
clause".
It was the biggest defeat for the Government on a whipped vote since
most of the hereditary peers were expelled in 1999.
The clause attracted such widespread support that the Government would
have lost even if not a single Conservative had voted.
Lord Irvine of Lairg, the former Lord Chancellor, who was Mr Blair's
legal mentor, again rebelled by backing the "sunset clause".
Lord Kingsland, the shadow Lord Chancellor, said: "Parliament has
spent the last 700 years protecting our liberties; it seems outrageous
that we should be asked to allow an open-ended right to remove the
most fundamental of them from our statute book."









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