HL Deb 23 January 2003 vol 643 cc114-5WA
Lord Archer of Sandwell

asked Her Majesty's Government:

What plans they have to continue the powers of detention in the Anti-terrorism, Crime and Security Act 2001. [HL1258]

The Minister of State, Home Office (Lord Falconer of Thoroton)

A draft order to continue the powers of detention in the Anti-terrorism, Crime and Security Act 2001 for a further 12 months has today been laid before Parliament. It will be debated by both Houses of Parliament early in March.

Where terrorism is concerned, our paramount responsibility is to ensure public safety and national security. So long as the present public emergency subsists, where a person is suspected of terrorism of the sort which led to 11 September 2001 and is considered to be a threat to national security but cannot currently be removed—and for whom a criminal prosecution is not an option—we believe that it is necessary and proportionate to provide for extended detention, pending removal. The person would be free to leave the UK if he wished to do so.

The Court of Appeal unanimously upheld our position on the need for these detention powers last October. The court agreed that the detention powers are not discriminatory and comply with the European Convention on Human Rights.

The draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21–23) Order 2003 provides for the continuation of the immigration powers under Part IV of the 2001 Act to certify, and to detain pending removal, suspected international terrorists, subject to safeguards. The continuation is from 14 March 2003 until 13 March 2004.

Of the 15 foreign nationals who have so far been detained using the powers under the Anti-terrorism, Crime and Security Act, two have voluntarily left the United Kingdom. The other 13 remain in detention.

The decisions of my right honourable friend the Home Secretary to certify and detain these individuals were made on the basis of detailed and compelling evidence. That evidence will be examined by the Special Immigration Appeals Commission when the individuals' appeals are held, as provided for under the Act. The commission is equivalent to the High Court. It has the power to overturn the certificates which the Home Secretary has issued in respect of those detained.

The detention powers in Part IV of the Antiterrorism, Crime and Security Act are a cornerstone of the UK's anti-terrorism measures. It is essential that we are able to take firm, swift action against those who threaten the safety of this country.