UK:BRITISH HOME Secretary Jacqui Smith has promised the proposed "reserve" power to detain terror suspects for up to 42 days without charge would only be used in "grave and exceptional" circumstances.
Ms Smith's latest reassurance followed a seemingly successful meeting with Labour MPs on Monday night, after which ministers appeared newly confident they will win next week's Commons vote.
Although defeat would inevitably trigger fresh speculation about Gordon Brown's leadership, the prime minister has made clear he is not treating this a "confidence" issue and that there would be no question of him resigning. Former prime minister Tony Blair was defeated two years ago over his proposal to extend the original 14-day detention for terror suspects to 90 days.
Mr Brown's added dilemma has been that some who previously supported 90 days are now opposing extension in exceptional circumstances to 42 days, despite the promise of parliamentary and judicial oversight and a time limit on the use of the emergency power. After listening to Ms Smith on Monday, however, a number of potential Labour rebels signalled they were now "moving in the direction" of supporting the government. Home Office minister Tony McNulty said he was "very hopeful" of winning the vote.
However, Downing Street sounded a note of caution as efforts continued to persuade the nine DUP MPs to vote with the government, or at least abstain. The prime minister's spokesman said it was "certainly not the case that this vote is in the bag" and there was "more to do".
Ms Smith gave assurance yesterday that parliamentary approval would have to be given within seven days of a home secretary invoking the necessary 30-day emergency period granting the additional detention time if police and the Director of Public Prosecutions agreed it was needed to gather evidence. The home secretary told the BBC: "We believe it is right now to bring into place this reserve power, which won't mean anybody being held longer, but will give us the ability to go and make the case to a judge about a given individual."
Ms Smith added: "Any home secretary using these powers will want to think very, very carefully about how they are going to explain it to parliament, whether or not they are going to get parliamentary approval."
Scotland Yard's former anti-terrorism chief also backed the government's argument that the increasingly complex nature of terror plots meant the present 28-day limit would "undoubtedly" prove insufficient at some future point. Former Assistant Commissioner Peter Clarke, writing in the Daily Telegraph, said he had "inwardly despaired" when asked by a parliamentary committee how many suspects had been let go through lack of time. He said: "The fact that we have been able to convict more than 60 terrorists in the last year or so is irrelevant. The better question would have been: 'Is it likely there will come a time when the present 28-day limit is insufficient?' The answer would have been 'undoubtedly'. That is why we should legislate now, and not in panic in an emergency."