Public emergency threatening the life of the nation — approved — 21 Nov 2001 at 22:47

The majority of MPs voted to approve a derogation order[1] from Article 5(1) of the European Convention on Human Rights (the right to be brought before a court following arrest, and the right to liberty unless convicted) as was outlined in the Human Rights Act 1998.[2]

This was a "deferred division" - the debate over it took place two days earlier.[3]

This measure was justified by there being a public emergency threatening the life of the nation within the meaning of Article 15 of the European Convention on Human Rights (time of war) owing to the September 11, 2001 attacks in the United States of America.

The purpose of this state of emergency was to legalize the measures in Part 4 of the Anti-terrorism, Crime and Security Act 2001, the detention of suspected foreign terrorist suspects indefinitely without charge.[4] The state of emergency was only lifted in April 2005[5] following a judgment in the House of Lords.[6]

An opinion expressed by the Council of Europe, which oversees the implementation of the European Convention on Human Rights, was not impressed by the legislation or its justification.[7]

Debate in Parliament | Historical Hansard | Source |

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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
Con2 303.0%
DUP4 0080.0%
Lab322 15082.2%
LDem0 47090.4%
PC0 40100.0%
SNP0 50100.0%
UUP3 0050.0%
Total:331 74062.7%

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

Ian TaylorEsher and WaltonConaye
Mr Teddy TaylorRochford and Southend EastConaye
Diane AbbottHackney North and Stoke NewingtonLabno
Mr Andrew BennettDenton and ReddishLabno
Jeremy CorbynIslington NorthLabno
Gwyneth DunwoodyCrewe and NantwichLabno
Mark FisherStoke-on-Trent CentralLabno
Neil GerrardWalthamstowLabno
Lynne JonesBirmingham, Selly OakLabno
Peter KilfoyleLiverpool, WaltonLabno
Robert Marshall-AndrewsMedwayLabno
John Martin McDonnellHayes and HarlingtonLab (minister)no
Mr Kevin McNamaraKingston upon Hull NorthLabno
Chris MullinSunderland SouthLabno
Mr Brian SedgemoreHackney South and ShoreditchLabno
Alan SimpsonNottingham SouthLabno
Robert WareingLiverpool, West DerbyLabno

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