§ Baroness Uddinasked Her Majesty's Government:
How many people have been detained under emergency legislation without charges being made against them; and whether this is compatible with the principles of human rights. [HL5505]
§ Baroness Scotland of AsthalSixteen people have been certified and detained under the powers contained in Part 4 of the Anti-terrorism, Crime and Security Act 2001 (the ATCS Act). Of these, two have chosen to leave the United Kingdom voluntarily, as any of the detainees are free to do at any time. One further person has been certified under Part 4 of the ATCS Act but is currently detained under other powers.
Under the Act, the detainees are entitled to a full review of their individual cases by the Special Immigration Appeal Commission. To date the commission has considered the first 10 cases and upheld the Home Secretary's decision in each case.
The detainees have also challenged the derogation from Article 5 of the European Court of Human Rights (ECHR) which was necessary to ensure that the Act was compatible with the United Kingdom's human rights obligations.
In October 2002 the Court of Appeal unanimously held that this derogation was lawful. The detainees have been granted leave to appeal to the House of Lords but no hearing date has been set.