I've kept shtum about 42 days because - is one allowed to say this on so critical an issue? - I don't have firm views on the matter. My inclination even splits both ways: I instinctively oppose such a drastic extension of the state's right to curtail our liberties without firm evidence that it is needed; but I equally instinctively recognise that we live in terrible times when such measures might be necessary.
One the one hand, when a policeman such as Peter Clarke says how important it is, I wonder who am I to say he is wrong. On the other, why do we need 42 when Australia and the US - hardly soft on terror - consider that 12 and one day are sufficient?
In the end, if I had a vote on the issue I'd vote no, for the simple reason that the government have yet to make the case that it is imperative to have 42 days - a figure which seems to have no real basis. And, worse than that, the checks which they propose seem to be to utterly bizarre. As Rachel Sylvester puts it today:
The package drawn up by the Government to reassure Labour rebels has created a constitutional minefield. Parliament is to be given a vote within seven days on whether a terrorist suspect should be held for the extended period - but this is as nonsensical as Alice in Wonderland's Rule 42, which states that anyone taller than a mile must leave the court. Either MPs will be able to debate only broad generalities (in which case the safeguard of parliamentary scrutiny is meaningless) or they will discuss detailed allegations (in which case it would be impossible for there to be a fair trial). And what if the suspect appeals - as he almost certainly would - against the Home Secretary's decision to ask for a longer period of detention?
A judge could rule against the extension at the very moment that the Commons was giving it the nod. Then whose verdict would come out on top? Parliament, elected to represent the voters, or the court, appointed to protect the voters from an over-powerful executive? No wonder the “Establishment” - the security services, police and prosecutors, as well as MPs, are divided in a way that rarely happens when the safety of the nation is at stake. I have lost count of the number of ministers who have told me that they wish Mr Brown would abandon the 42 days proposal.
Quite.
Blogs: Clive Davis | Melanie Phillips | Americano | Coffee House | Trading Floor
Actions: Print this article | Email to a friend | Permalink | Comments (7)
Post this entry to: del.icio.us | Digg | Newsvine | NowPublic | Reddit
Advertisement
Oliver Kamm
Politics, economics and culture from the master. Unmissable.
Daniel Finkelstein's Times Comment Central
A daily must-read.
Tim Worstall
Lots of interesting nibbles - and a ruthless swatter of economic gibberish.
Marginal Revolution
Tyler Cowen's riveting economic blog.
Harry's Place
Must-read left of centre blog from writers who understand the threat to the West.
Thought Experiments
The peerless Bryan Appleyard's blog.
Opera Chic
An American in Milan, on opera.
Intermezzo
A London-based classical music enthusiast.
Jessica Duchen's classical music blog
Does what it says on the tin.
Samizdata
Libertarian blog, packed every day.
Norm's blog
The thoroughly sensible thoughts of renowned left-wing academic Norman Geras, Professor of Government at Manchester. And cricket, too.
Public Interest
Peter Briffa's inimitable take on The Yazzmonster and other assorted demons.
Reform
The public sector reform group; their website is an invaluable source of data and ideas.
Centre for the New Europe
The leading European public policy think tank.
Take advantage of unbeatable Nissan value. Book a test drive today.
Take advantage of unbeatable Nissan value. Book a test drive today.
PORTA METRONIA, ROME Standing high on the top of one of the seven hills of Rome- the Coelian- this unique
ROME and PARIS: over 350 holiday rentals apartments listed: visit www.romanreference.com and www.parisreference.com or call +39 0648 903612.
Goldsmiths by Design Welcome to Ruffs! You have found a company of Goldsmiths that specialises in the manufacture, amongst other
Spectator Business | Apollo Magazine
Corporate | Advertising | Privacy | Terms
Spectator, 22 Old Queen Street, London, SW1H 9HP
All Articles and Content Copyright ©2008 by The Spectator | All Rights Reserved
Frank Pulley
June 10th, 2008 11:40amGlad you made up your mind and it is the correct and only conclusion if you value the rights of the individual against the overweening State.
The only way to deal with serious crime and conspiracy (which are what, after all, terrorist plots are) is to organise well resourced pro-active intelligence and analysis, by covert surveillance; technical and painstaking eyeballing by experienced sleuths; timely interdiction when the targets are in flagrante delicto; then by scooping up as many perpetrators as can possibly be netted in one go, ripping their lives apart, getting them on the charge sheet asap and following up investigations for as long as it takes thereafter.
All the above is possible within the current law (despite the complications of the useless legislation passed in the last decade). And the Keepers of the Queen’s Peace, God Bless ‘em, should achieve all this, with minimal interference from politicians.
Gold help 'em too, given the way this rabble that calls itself the Government, has queered their pitch and diluted their traditions, powers and morale. And most of the social problems that now dominate the headlines have at their roots that baneful and derelict policy of the Gramci moles. I for one am certain that there are enough red-blooded Bobbies left to carry out that plan in the old fashioned way, if the current over-socialised and politicised top management of the Job were to be decapitated and their egregious ethos expunged from history. Get on to it you Cameroons and make it a main prop of your manifesto. Away with the pussyfooting!
London Calling
June 10th, 2008 12:48pmWhy have a vote on 42 Days if Labour Ministers are being blackmailed into submission to save the face of Gordon Brown? This in itself should be ringing Big Bens Bells across the country, screaming fail play.
The 42-day decision should be temporarily suspended until such time that there is enough evidence to support it.
Liberty Weeps...
Kevyn Bodman
June 10th, 2008 2:40pmMr.Pollard,
It's no bad thing to avoid jumping on to one side of an issue without thinking.
I'm firmly opposed to 42 days detention.
I'm firmly opposed to ID cards too but when I first lived in a country that requires them I didn't mind.
Then I thought about it.
SJH
June 10th, 2008 3:00pmOn this topic, I am reminded of the pithy distinction between liberals and conservatives in Tom Wolfe’s “Bonfire of the Vanities”. A liberal is a conservative who has been arrested. And a conservative is a liberal who has been mugged.
patricia
June 10th, 2008 5:35pmYou just keep schtaying schtum.
As Danny Kay onece said, if you put your hand over your mouth you can t put your foot in it.
Jennie
June 10th, 2008 7:02pm42 days is the thin end of the wedge. There are plenty of regimes around the world that think they need draconian security measures to protect their country against 'enemies'. But would we want to live in them? This government, and much of the general population, are becoming paranoid. We are now living in a culture of anxiety. This means that the terrorists have already won.
Adam McNestrie
June 11th, 2008 7:44amThis pedants' hunt for the errant politician, driven by the media's love of expose, is destroying what little faith in our political class remains and, in doing so, poisoning the political realm. The disjuncture that now exists between the public perception of politicians as peculators, crooks, Soviet apparatchiks almost, and the banal reality of the cross-section of men and women in Parliament undermines very seriously the smooth functioning of the political system.
Undiscriminating cynicism and mistrust will be the result, and that can only hurt our political culture and do real harm to any ideology which relies on a positive conception of the state.
To read my ideas at greater length, link to my blog at:
http://adammcnestrie.wordpress.com/