Protection of Freedoms Bill

Rehman Chishti Excerpts

Tuesday 11th October 2011 Commons Chamber

[James Brokenshire]

I will cover that point in further detail in the latter part of my contribution, but I will say that the distinction between individual cases and legislating for the generality, and the need to make a clear distinction between the two, was something that the Joint Committee rightly scrutinised in that context. We believe that it is possible to draw the distinction between an individual case with individual circumstances, and legislating on a need to extend pre-charge detention from 14 days to 28 days as a principle. In order to plan for such circumstances, the Government have published, but not introduced, draft emergency legislation that would increase the maximum period from 14 days to 28 days, which has been subject to the scrutiny of the Joint Committee.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I have heard the words “exceptional circumstances” used. Am I right in saying that including those words strikes the right balance between defending civil liberties and protecting the British public?

[James Brokenshire]

I think that is right. In many ways it is why the Government have taken the approach that we have. Ultimately, it would be for the House to decide whether the circumstances justified the introduction of the emergency legislation. That is an important protection, and represents the underlying distinction in the Government’s approach.

Hon. and right hon. Members who sat on the Public Bill Committee will recall that we had extensive debates in Committee on what the maximum period should be, in what circumstances the Government might seek to extend that period, and what kind of contingency mechanism they might employ to extend the maximum period. As I said then, the Government have prepared draft fast-track legislation, which at the time was subject to pre-legislative scrutiny. The Joint Committee undertaking that scrutiny reported in June, and I am grateful to Lord Armstrong of Illminster and the other members of the Committee for their careful consideration.