Counter-Terrorism Bill — Extension of Maximim Period of Police Detention Without Charge in Terror Cases from 28 to 42 Days — 11 Jun 2008 at 17:45

Nick Herbert MP, Arundel and South Downs voted against extending the period of police detention without making any criminal charges of terrorist suspects from 28 days to 42 days

The majority of MPs voted to extend the period of police detention without making any criminal charges of terrorist suspects from 28 days[1] to 42 days, subject to a complex series of bureaucratic procedures. See also the next vote which outlined the powers themselves.

The procedures include:

  • Statement - The Home Secretary must make a statement that a grave exceptional terrorist threat has occurred or is occurring for which this power to detain suspects without charge beyond 28 days is necessary for the purposes of investigation and bringing to justice those responsible.[2]
  • Legal advice - Independent legal advice (from a lawyer not employed by the Government) must be obtained as to whether the Home Secretary can be properly satisfied by his or her statement.[3]
  • DPP report - A report must be made by the Director of Public Prosecutions and the chief police officer which states that there are reasonable grounds to believe that the detention of one or more persons beyond 28 days will be necessary to obtain or preserve evidence that relates to the commission by the detained person or persons of a serious terrorist offence.[4]
  • Committee chairs - A copy of the legal advice and the report must be provided in confidence to the chairmen of the Home Affairs Committee, Joint Committee on Human Rights, and the Intelligence and Security Committee.[5]

Although this threatened to be the largest Labour Party rebellion for Gordon Brown,[6] a bigger one occurred six weeks earlier.[7]

A comparison between MPs' votes on the 90 day detention and this 42 day detention is here or reported in the Guardian here. The list of related Parliamentary votes on detaining persons without charge is here.

Debate in Parliament | Source |

Party Summary

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.

PartyMajority (Aye)Minority (No)BothTurnout
Con1 189 (+1 tell)099.5%
DUP9 00100.0%
Ind1 40100.0%
Ind Lab0 10100.0%
Lab301 (+2 tell) 36196.9%
LDem0 62 (+1 tell)0100.0%
PC0 30100.0%
Res0 10100.0%
SDLP0 30100.0%
SNP0 60100.0%
UKIP1 00100.0%
UUP1 00100.0%
Total:314 305198.1%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
Ann WiddecombeMaidstone and The WealdConaye
Diane AbbottHackney North and Stoke NewingtonLabno
Richard BurdenBirmingham, NorthfieldLabno
Katy ClarkNorth Ayrshire and ArranLabno
Harry CohenLeyton and WansteadLabno
Frank CookStockton NorthLabno
Jeremy CorbynIslington NorthLabno
Jim CousinsNewcastle upon Tyne CentralLabno
Andrew DismoreHendonLabno
Frank DobsonHolborn and St PancrasLabno
David DrewStroudLabno
Paul FarrellyNewcastle-under-LymeLabno
Mark FisherStoke-on-Trent CentralLabno
Paul FlynnNewport WestLabno
Neil GerrardWalthamstowLabno
Ian GibsonNorwich NorthLabno
Roger GodsiffBirmingham, Sparkbrook and Small HeathLabno
John GroganSelbyLabno
Dai HavardMerthyr Tydfil and RhymneyLabno
Kate HoeyVauxhallLabno
Kelvin HopkinsLuton NorthLabno
Glenda JacksonHampstead and HighgateLabno
Lynne JonesBirmingham, Selly OakLabno
Peter KilfoyleLiverpool, WaltonLabno
Andrew MacKinlayThurrockLabno
Robert Marshall-AndrewsMedwayLabno
John McDonnellHayes and HarlingtonLabno
Michael MeacherOldham West and RoytonLabno
Julie MorganCardiff NorthLabno
Chris MullinSunderland SouthLabno
Doug NaysmithBristol North WestLabno
Gordon PrenticePendleLabno
Linda RiordanHalifaxLabno
Alan SimpsonNottingham SouthLabno
Emily ThornberryIslington South and FinsburyLabno
David WinnickWalsall NorthLabno
Mike WoodBatley and SpenLabno
David TaylorNorth West LeicestershireLabboth

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