Anti-terrorism, Crime and Security Bill — Indefinite detention of suspected terrorists — 21 Nov 2001 at 20:45
David Maclean MP, Penrith and The Border did not vote.
(This vote followed one which set up a scheme whereby the Home Secretary could issue a certificate that someone is an international terrorist.)
Specifically, these powers were exercised under the laws enabling the arrest and detention of non-UK citizens pending deportation despite the fact that removal or departure from the United Kingdom is prevented by international law (eg they would be tortured or killed in the country they were sent to).
As this breached the European Convention on Human Rights, the United Kingdom applied a derogation by declaring that there was a public emergency threatening the existence of the nation. This declaration was approved by a vote of MPs two days later.
Owing to a Sunset Clause in the Act, these powers had to be renewed approximately annually until 2006.
In December 2004 the Law Lords ruled that the application of these laws violated the Human Rights Act because it discriminated against non-citizens (UK citizens could just as well be terrorists, but would not be subject to this law) and that there was in fact no evident threat to the life of the nation. Furthermore, they added that such a threat -- in the sense of a people living in accordance with its traditional laws and political values -- "comes not from terrorism but from laws such as these."
-  Deportation, Removal and Detention, Clauses 22 and 23, Anti-terrorism, Crime and Security Act, 2001
-  Anti-terrorism, Crime and Security Act 2001, Part 4, Wikipedia
-  Anti-terrorism, Crime and Security Bill - Terrorist certification by Home Secretary, House of Commons, 21 November 2001
-  Immigration Act 1971, Schedule 3
-  No names, no charges, no explanations: the plight of Britain's interned 'terrorists', The Guardian, 9 September, 2002
-  The Human Rights Act 1998 (Designated Derogation) Order 2001, Statutory Instrument, 11 November 2001
-  Public emergency threatening the life of the nation - approved, House of Commons Division, 21 November 2001
-  Prevention and Suppression of Terrorism, House of Commons, 2003
-  Renewal of Part 4, House of Commons, 3 March 2004.
-  Judgments - A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent), House of Lords, 16 December 2004
-  The Human Rights Act 1998 (Amendment) Order 2005, 3 April 2005
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Aye)||Minority (No)||Both||Turnout|
|Lab||340 (+2 tell)||11 (+2 tell)||0||86.6%|
|Mr Andrew Bennett||Denton and Reddish||Lab||no|
|Mr Jeremy Corbyn||Islington North||Lab||tellno|
|Mr Tam Dalyell||Linlithgow||Lab||no|
|Mr Mark Fisher||Stoke-on-Trent Central||Lab||no|
|Mr George Galloway||Glasgow Kelvin||whilst Lab||no|
|Dr Jim Marshall||Leicester South||Lab||no|
|Mr Robert Marshall-Andrews||Medway||Lab||no|
|Mr John McDonnell||Hayes and Harlington||Lab||no|
|Mr Kevin McNamara||Kingston upon Hull North||Lab||tellno|
|Mr Brian Sedgemore||Hackney South and Shoreditch||Lab||no|
|Mr Dennis Skinner||Bolsover||Lab||no|
|Mr Robert Wareing||Liverpool, West Derby||Lab||no|
|Mr Jimmy Wray||Glasgow Baillieston||Lab||no|