Clarity needed on control orders
The government needs to provide clarity on control orders concerning terror suspects, not opt out of human rights legislation, Lord Carlile has argued.
In a speech at a Royal United Services Institute counter-terrorism conference, he said derogating from the European Convention on Human Rights would lead to a damaging fight that parliament was likely to lose, and that the government does not need to take such drastic action.
“Once the accuracy of the designation of a controlee as a terrorist suspect has been verified by the court, as a general rule judges should recognise that officials and the police have far more understanding of the restrictions required to effect a control order,” he said.
The comments come after it emerged last week that three terror suspects breached their control orders.
“In my view, the courts, should and will now be driven by recent events to re-examine their approach to the conditions and restrictions forming part of control orders,” Lord Carlile added.
The courts should then “intervene only where the boundaries of proportionality manifestly have been crossed”, he argued.
But leaving the European Convention on Human Rights to allow stricter rules on controlling suspects was not advised.
“My comment to ministers is that derogation would lead to extremely difficult parliamentary problems,” Lord Carlile said.
“It would lead to lengthy and testy litigation, and an unwelcome and scarring clash with the senior judiciary which, on balance, the judiciary would be likely to win.
“Most important, derogation is actually entirely unnecessary.”
On Thursday home secretary John Reid said the government and police were doing “absolutely everything we can”, pointing to the “limitations” imposed by parliament, the courts and the law.
“I admit that sometimes it feels as though we are having to fight with one hand tied behind our back,” he said.
“I hope when we bring forward new proposals in the next few weeks that we will have a little less party politics and a little more support for national security.”
Mr Reid told the House of Commons there were “limitations and problems” associated with the legal framework and control orders are “far from being the best option”.
