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]

• [1] The Human Rights Act 1998 (Designated Derogation) Order 2001, Statutory Instrument, 11 November 2001
• [2] Derogations and reservations, Schedule 3 of Human Rights Act 1998
• [3] Beverley Hughes MP, House of Commons, 19 November 2001
• [4] Anti-terrorism, Crime and Security Bill - Indefinite detention of suspected terrorists, House of Commons Division, 21 November 2001
• [5] The Human Rights Act 1998 (Amendment) Order 2005, 3 April 2005
• [6] Judgments - A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent), House of Lords, 16 December 2004
• [7] on certain aspects of the United Kingdom 2001 derogation from Article 5 par. 1 of the European Convention on Human Rights, Mr Alvaro Gil-Robles, 28 August 2002

Debate in Parliament | Historical Hansard | Source |