The piece by Peter Clarke, the former head of the Met’s anti-terror command, arguing for 42 days detention in the Telegraph today is essential reading. As I said the other day, I’m still undecided on the issue but Clarke makes the most persuasive case for it I’ve seen.
Here is Clarke’s crucial point:
“When I was asked, in 2005, by the home affairs select committee how many terrorists I had been obliged to let go through lack of time to investigate, I inwardly despaired. It was the wrong question. We should look forward, not back. 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 that 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.”
The debate on 42 days does seem to be moving in the government’s direction. Labour MPs are unwilling to inflict further harm on Gordon Brown and Jacqui Smith is now making a coherent case for 42 days, stressing that it is a reserve power that will only be used in exceptional circumstances. It now seems more likely than not that the measure will pass the Commons.
PS On the whole subject of law enforcement and terrorism, I cannot recommend strongly enough Clarke’s Colin Cramphorn memorial lecture delivered at Policy Exchange last year.
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