Anti-terrorism, Crime and Security Act 2001 — Renewal of indefinite detention — 3 Mar 2004 at 19:50

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

Debate in Parliament | Historical Hansard | Source |