Comparison of Divisions: Anti-terrorism, Crime and Security Act 2001 — Renewal of indefinite detention — 3 Mar 2004 at 19:50 with Division No. 76 on 21 Nov 2001 at 20:45

The majority of MPs voted in favour of the continued power of sections 21 to 23 of the Anti-terrorism, Crime and Security Act 2001 (Part 4).^[1][2]

The MPs who voted against the original law, voted in favour of renewing it. In particular, the vast majority of members of the Conservative Party who abstained on the original law chose to renew it.^[3]

Without this motion, the powers of the Home Secretary to certify a foreign national as a suspected terrorist and detain him indefinitely would have expired under a sunset clause in the Act.^[4]

The first renewal of this section had been debated and passed without a vote.^[5]

This was the second time these powers were renewed by Parliament. The Home Secretary had presented his case for it in a Ministerial Statement.^[6] The Joint Committee On Human Rights presented the detailed opposition to the provisions a month later,^[7] but they were finally declared unconstitutional at the end of the year partly on the basis that there was no "public emergency threatening the life of the nation" which would be necessary to justify this detainment regime.^[8]

A recent list of of statutory instruments relating to terrorism that are renewed by Parliament is here.

• [1] Anti-terrorism, Crime and Security Bill - Indefinite detention of suspected terrorists, House of Commons Division, 21 November 2001
• [2] The Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2004, Statutory Instrument, 3 March 2004
• [3] Comparison of votes between renewal and original, 3 March 2004 and 21 November 2001.
• [4] Duration of sections 21 to 23, Clause 29, Anti-terrorism, Crime and Security Act 2001
• [5] Prevention and Suppression of Terrorism, House of Commons, 3 March 2003
• [6] David Blunkett MP, House of Commons, 20 January 2004
• [7] The Sixth Report from the Joint Committee on Human Rights, Parliament, 23 February 2003
• [8] Judgments - A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent), House of Lords, 16 December 2004

The majority of MPs voted in favour of setting up a scheme which allowed for the indefinite detention without charge of a "suspected international terrorist".^[1][2]

(This vote followed one which set up a scheme whereby the Home Secretary could issue a certificate that someone is an international terrorist.)^[3]

Specifically, these powers were exercised under the laws enabling the arrest and detention of non-UK citizens pending deportation^[4] 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).

In practice up to 20 suspects were held in secret in Belmarsh without access to the evidence against them.^[5]

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.^[6] This declaration was approved by a vote of MPs two days later.^[7]

Owing to a Sunset Clause in the Act, these powers had to be renewed approximately annually until 2006.^[8]

The 2003 renewal by Parliament followed a debate without a vote.^[8] The 2004 renewal of the powers was voted on without a debate.^[9]

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."^[10]

The state of public emergency was accordingly lifted in 2005,^[11] and the suspects were released to serve under a regime of Control orders.

• [1] Deportation, Removal and Detention, Clauses 22 and 23, Anti-terrorism, Crime and Security Act, 2001
• [2] Anti-terrorism, Crime and Security Act 2001, Part 4, Wikipedia
• [3] Anti-terrorism, Crime and Security Bill - Terrorist certification by Home Secretary, House of Commons, 21 November 2001
• [4] Immigration Act 1971, Schedule 3
• [5] No names, no charges, no explanations: the plight of Britain's interned 'terrorists', The Guardian, 9 September, 2002
• [6] The Human Rights Act 1998 (Designated Derogation) Order 2001, Statutory Instrument, 11 November 2001
• [7] Public emergency threatening the life of the nation - approved, House of Commons Division, 21 November 2001
• [8] Prevention and Suppression of Terrorism, House of Commons, 2003
• [9] Renewal of Part 4, House of Commons, 3 March 2004.
• [10] Judgments - A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent), House of Lords, 16 December 2004
• [11] The Human Rights Act 1998 (Amendment) Order 2005, 3 April 2005