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The Terrorism Act 2006 is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
that received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism, and amends existing ones. The Act was drafted in the aftermath of the
7 July 2005 London bombings The 7 July 2005 London bombings, often referred to as 7/7, were a series of four coordinated suicide attacks carried out by Islamic terrorists in London that targeted commuters travelling on the city's public transport system during the mo ...
, and some of its terms have proven to be highly controversial. The government considered the act a necessary response to an unparalleled terrorist threat; it has encountered opposition from those who feel that it is an undue imposition on
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
, and could increase the terrorism risk. The act drew considerable media attention, not least because one of the key votes resulted in the first defeat of the government of
Tony Blair Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
on the floor of the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
.


Early history


Home Secretary's letter

On 15 July, shortly after the London bombings, the
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
Charles Clarke Charles Rodway Clarke (born 21 September 1950) is a British Labour Party politician, who was the Member of Parliament (MP) for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006. Early life T ...
wrote to the spokesmen for the
Conservatives Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
and Liberal Democrats, David Davis and
Mark Oaten Mark Oaten (born 8 March 1964) is a British politician who was a senior member of the Liberal Democrats. He served as the Member of Parliament (MP) for Winchester from 1997 to 2010. Born in Watford, Hertfordshire, Oaten became a councillor in ...
respectively, to ask their views on proposed terrorism legislation, in an attempt to seek consensus. His letter made it clear that the proposals were already under consideration before the bombings. It first proposed new criminal offences to allow police and intelligence agencies to intervene before the precise details of a planned terrorist act are known. The second proposal was to criminalise indirect incitement to commit terrorist acts, and would enable the United Kingdom to ratify the
Council of Europe Convention on the Prevention of Terrorism The Council of Europe Convention on the Prevention of Terrorism 2005 (CECPT) is a regional multilateral treaty negotiated under the auspices of the Council of Europe. It was concluded in Warsaw on 16 May 2005. Most notable amongst its provisions ar ...
(Article 5). The third proposal was to criminalise the providing or receiving of terrorism training, again in line with the Council of Europe Convention (Article 7). Clarke followed up this letter with a statement in the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
on 20 July.


Prime Minister's statement

On 5 August, Tony Blair made a statement at his regular monthly news conference which included a mention of the proposed legislation. He said: :"... there will be new anti-terrorism legislation in the Autumn. This will include an offence of condoning or glorifying terrorism. The sort of remarks made in recent days should be covered by such laws. But this will also be applied to justifying or glorifying terrorism anywhere, not just in the United Kingdom." The statement "the sort of remarks made in recent days" was generally taken as a reference to
Omar Bakri Muhammad Omar Bakri Muhammad ( ar, عمر بکری محمد; born Omar Bakri Fostock; 1958) is a Syrian Islamist militant leader born in Aleppo. He was instrumental in developing Hizb ut-Tahrir in the United Kingdom before leaving the group and heading t ...
who had received a great deal of publicity for his reaction to the London bombing. There had been other statements, made by a number of controversial figures, about the 11 September 2001 attacks and attacks on US and UK forces during the
Iraqi insurgency Iraqi insurgency may refer to: * Iraqi insurgency (2003–2011), part of the Iraq War ** Iraqi insurgency (2003–2006), 2003–2006 phase of the Iraqi insurgency ** Iraqi civil war (2006–2008), multi-sided civil war in Iraq * Iraqi insurgency (20 ...
. These figures also include Muslim clerics such as Abu Qutada and
Abu Hamza al-Masri Mustafa Kamel Mustafa ( ar, مصطفى كامل مصطفى; born 15 April 1958), also known as Abu Hamza al-Masri (; , – literally, father of Hamza, the Egyptian), or simply Abu Hamza, is an Egyptian cleric who was the imam of Finsbury Park ...
.


Home Secretary's second letter

On 15 September, Clarke published draft clauses of the intended bill in a further letter to David Davis and Mark Oaten, writing that he would like their comments on them. He also announced further proposals for the bill, including a power to proscribe groups that glorify terrorism, and one to tackle dissemination of "radical written material by extremist bookshops". The draft clause 2 would make it illegal to publish a statement which "glorifies, exalts or celebrates the commission, preparation or instigation (whether in the past, in the future or generally) of acts of terrorism". This wording was criticised for being vague, and for potentially stifling legitimate debate about government policy and the causes of terrorism. The clause only covered terrorist events which occurred more than 20 years ago if they directly relate to current events; a list of events occurring more than 20 years ago which would be covered was to be prepared by the Home Office. This provision was criticised as entirely subjective, and giving the Home Office the right to decide who was a terrorist and who was a freedom fighter.


Provisions


Part 1 – Offences

This Part creates a series of new criminal offences intended to assist the police in tackling terrorism. They are: * Encouragement of terrorism (section 1): Prohibits the publishing of "a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism or Convention offences." Indirect encouragement statements include every statement which glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; and is a statement from which those members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances." In England and Wales, a person guilty of this offence is liable, on conviction on
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
, to imprisonment for a term not exceeding seven years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the statutory maximum, or to both. In Scotland and Northern Ireland, a person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both. * Disseminating terrorist publications (Section 2): Prohibits the dissemination of a publication which is either (a) likely to be understood as directly or indirectly encouraging terrorism, or (b) includes information which is likely to be understood as being useful in the commission or preparation of an act of terrorism. The maximum penalty is seven years' imprisonment. * Preparation of terrorist acts (Section 5): Prohibits anyone from engaging in any conduct in preparation for an intended act of terrorism. The maximum penalty is life imprisonment. * Training for terrorism (Section 6): Prohibits anyone from training others in terrorist activities, or from receiving training. The maximum penalty is 10 years' imprisonment. * Attendance at a place used for terrorist training (Section 8): Prohibits anyone from being at a place where training is going on (whether in the United Kingdom or abroad), provided the person knew or reasonably believed that it was happening. The maximum penalty is 10 years' imprisonment. * Making and possession of devices or materials (Section 9): Prohibits the making or possession of any radioactive device (i.e. a
dirty bomb A dirty bomb or radiological dispersal device is a radiological weapon that combines radioactive material with conventional explosives. The purpose of the weapon is to contaminate the area around the dispersal agent/conventional explosion with ...
). The maximum penalty is life imprisonment. * Misuse of devices or material and misuse and damage of facilities (Section 10): Prohibits using radioactive materials or a radioactive device in a terrorist attack, and the sabotage of nuclear facilities which causes a radioactive leak. The maximum penalty is life imprisonment. * Terrorist threats relating to devices, materials or facilities (Section 11): Prohibits anyone from making threats to demand that they be given radioactive materials. The maximum penalty is life imprisonment. * Trespassing etc. on nuclear sites (Section 12): Extends a previous ban on trespassing, imposed by the
Serious Organised Crime and Police Act 2005 The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
, to cover any nuclear site. The encouragement, training, and preparation offences are extraterritorial offences. So persons who engage in any of these activities outside the United Kingdom, commit an offence which is triable before the United Kingdom courts. The Act also extends the maximum length of imprisonment for 'possession for terrorist purposes' from 10 years to 15 years, and for threatening to damage a nuclear power station to life imprisonment. The proposal that only those who intended to incite terror could be prosecuted was defeated by two votes in the House of Commons (300–298)—this was reported at the time as 300–299, but the clerks of the house confirmed the list of Aye names (of which there are 298) to be accurate. It has been pointed out that the Government's resistance to the inclusion of the requirement of intention is somewhat two-faced, given that the reason offered for creating the offence was the need to comply with Article 5 of the
Council of Europe Convention on the Prevention of Terrorism The Council of Europe Convention on the Prevention of Terrorism 2005 (CECPT) is a regional multilateral treaty negotiated under the auspices of the Council of Europe. It was concluded in Warsaw on 16 May 2005. Most notable amongst its provisions ar ...
which expressly requires specific intent.Adrian Hunt, "Criminal Prohibitions on Direct and Indirect Encouragement of Terrorism" (2007) Criminal Law Review. 441. For the penalties of other acts of terrorism see
Terrorism Act 2000 The Terrorism Act 2000 (c.11) is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emer ...
.


Part 2 – Miscellaneous provisions

This part deals with miscellaneous provisions. It gives wider power to the Home Secretary to proscribe terrorist groups and amends the law to allow the proscription to continue when the group changes its name. The most controversial portion in the act, relating to detention of terrorist suspects for questioning, was in sections 23 and 24. However, as originally introduced, the clauses made little change beyond allowing police officers of the rank of superintendent to authorise longer detention for terrorist suspects. Other provisions in Part 2 give greater flexibility to search warrants by allowing them to cover other premises under the control of the same suspect, and by allowing searches where the possession of terrorist publications is suspected. The powers of the Intelligence services are extended and warrants to intercept communications are given more wide-ranging effect.


Section 25 – Expiry or renewal of extended maximum detention period

The following orders have been made under section 25(2):
The Terrorism Act 2006 (Disapplication of Section 25) Order 2007
(S.I. 2007/2181)
The Terrorism Act 2006 (Disapplication of Section 25) Order 2008
(S.I. 2008/1745)
The Terrorism Act 2006 (Disapplication of Section 25) Order 2009
(S.I. 2009/1883)
The Terrorism Act 2006 (Disapplication of Section 25) Order 2010
(S.I. 2010/1909)


Part 3 – Supplementary provisions

This Part, apart from routine matters, creates a review of the operation of the Terrorism Act 2000.


Section 39 – Short title, commencement and extent

This section allows for the commencement of the Act. The following orders have been made under this section:
The Terrorism Act 2006 (Commencement No. 1) Order 2006
(S.I. 2006/1013 (C.32))
The Terrorism Act 2006 (Commencement No. 2) Order 2006
(S.I. 2006/1936 (C.64))


Second reading debate

The principle of the bill was debated in the House of Commons on 26 October. In an opening speech which saw many interruptions and lasted 74 minutes, Charles Clarke asserted that there was no change in government policy which would remove the United Kingdom from
Al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
's firing line: "Its nihilism means that our societies would cease to be a target only if we were to renounce all the values of freedom and liberty that we have fought to extend over so many years. Our only answer to this threat must be to contest and then to defeat it, and that is why we need this legislation." David Davis said that there were many aspects of the bill which he could support unequivocally, but went on to criticise some of the uses of recent anti-terrorism legislation on trivial matters such as
Walter Wolfgang Walter Jakob Wolfgang (23 June 1923 – 28 May 2019) was a German-born British socialist and peace activist. Up to the time of his death, he was Vice-President of the Campaign for Nuclear Disarmament and Vice Chair oLabour CND a caucus of CND m ...
. He concluded by saying that the Conservatives would support the second reading, but could not promise to support the third reading if changes were not made. Mark Oaten said that the Liberal Democrats could not support the bill in principle because it went further than the measures agreed between the three parties. He looked forward to re-establishing consensus in the committee stage. Labour MPs Paul Murphy (a former
Secretary of State for Northern Ireland A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
),
Tony Lloyd Sir Anthony Joseph Lloyd (born 25 February 1950) is a British Labour Party politician who has discontinuously served as a Member of Parliament (MP) since 1983, currently as the MP for Rochdale since 2017. He was MP for Stretford from 1983 to 1 ...
, and
Richard Burden Richard Haines Burden (born 1 September 1954) is a British Labour Party politician who was the Member of Parliament (MP) for Birmingham Northfield from 1992 to 2019. He served as a Shadow Transport Minister from 2013 to 2016 and again from 2016 ...
offered general support.
John Denham John Denham may refer to: * John Denham (died 1556 or later), English MP for Shaftesbury * John Denham (judge), (1559–1639), father of the poet below, and one of the Ship Money judges * John Denham (poet) (1615–1669), English poet * John Denham ...
, a former Home Office minister who resigned over Iraq, argued that the bill was too widely drawn and would be of marginal use in fighting terrorism. Conservatives
Douglas Hogg Douglas Martin Hogg, 3rd Viscount Hailsham, Baron Hailsham of Kettlethorpe (born 5 February 1945), is a British politician and barrister. A member of the Conservative Party he served in the Cabinet as Minister of Agriculture, Fisheries and Foo ...
and
Richard Shepherd Sir Richard Charles Scrimgeour Shepherd (6 December 1942 – 19 February 2022) was a British politician who was Member of Parliament for Aldridge-Brownhills from 1979 to 2015. A Eurosceptic, Shepherd was one of the Maastricht Rebels that had ...
dissented from their party's line to oppose on civil liberties grounds. Labour MPs
Michael Meacher Michael Hugh Meacher (4 November 1939 – 21 October 2015) was a British politician who served as a government minister under Harold Wilson, James Callaghan and Tony Blair. A member of the Labour Party, he was Member of Parliament (MP) for ...
and Robert Wareing also opposed. In the event, the bill was given a second reading by 471 to 94. In support were 298 Labour MPs, 164 Conservatives, 8 members of the
Democratic Unionist Party The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by J ...
, and Mike Hancock of the Liberal Democrats. Opposed were 59 Liberal Democrats, 16 Labour MPs breaking the whip, 8 Conservative MPs breaking the whip, 4
Scottish National Party The Scottish National Party (SNP; sco, Scots National Pairty, gd, Pàrtaidh Nàiseanta na h-Alba ) is a Scottish nationalist and social democratic political party in Scotland. The SNP supports and campaigns for Scottish independence from ...
members, 3
Plaid Cymru Plaid Cymru ( ; ; officially Plaid Cymru – the Party of Wales, often referred to simply as Plaid) is a centre-left to left-wing, Welsh nationalist political party in Wales, committed to Welsh independence from the United Kingdom. Plaid wa ...
members, the sole
Ulster Unionist Party The Ulster Unionist Party (UUP) is a unionist political party in Northern Ireland. The party was founded in 1905, emerging from the Irish Unionist Alliance in Ulster. Under Edward Carson, it led unionist opposition to the Irish Home Rule movem ...
MP and Independent MPs
Peter Law Peter John Law (1 April 1948 – 25 April 2006) was a Welsh politician. For most of his career Law sat as a Labour councillor and subsequently Labour Co-operative Assembly member (AM) for Blaenau Gwent. Latterly he sat as an independent membe ...
and Richard Taylor. The Conservative MP
Boris Johnson Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as F ...
voted in both lobbies.


Extending the period of detention without charge

A government amendment to the bill, proposed on 9 November but rejected by the Commons, would have meant that suspects arrested under suspicion of having conducted, or being engaged in planning, terrorist crimes could be held for a period of 90 days before being charged with a crime. This was a considerable increase over the existing term permitted by the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
, which allowed for a maximum 14 days' detention before charges were laid; contrast also to the maximum of four days' detention without charge allowed in cases of
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
and complex
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
. Under the new scheme, detentions would be reviewed every seven days by a judge sitting ''in-camera'', who would rule as to whether the ongoing detention was justified. The Government argued that, given the suicidal nature of the threat posed by
Al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
and related groups, it was no longer prudent for investigators to wait while a conspiracy developed. Instead, they reasoned, it was necessary for police to arrest terrorist suspects immediately, while police enquiries were at a relatively immature stage. The proposed 90-day detention period was necessary, the Government argued, as forensic testing and questioning of the suspect could not be completed within the allotted fortnight. At the ''Report stage'' the Commons rejected 90 days and voted through an amendment for 28 days' detention, thereby doubling the period allowed under the Terrorism Act 2000. The amendment was proposed by David Winnick MP. This power to detain for 28 days was formally brought into force on 25 July 2006. The 90-day limit was publicly advocated by
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party (UK), Leader of the Labour Party from 2007 to 2010. He previously served as Chance ...
on 10 October 2006.


Police advocacy of 90-day detention

The Government repeatedly made the point that they had been advised by the police that 90 days was a necessary term of detention to prevent terrorism: Andy Hayman, Assistant Commissioner of the
Metropolitan Police The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...
wrote to the
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
on 6 October 2005 to express his view that 90 days was required. The letter makes the following arguments: *In contrast to terrorist acts perpetrated by the
Irish Republican Army The Irish Republican Army (IRA) is a name used by various paramilitary organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dedicated to irredentism through Irish republicanism, the belief tha ...
—who made efforts to restrict the number of casualties for political reasons—"modern terrorists" (the letter does not directly reference
Muslim extremists Islamic extremism, Islamist extremism, or radical Islam, is used in reference to extremist beliefs and behaviors which are associated with the Islamic religion. These are controversial terms with varying definitions, ranging from academic und ...
) seek to maximise casualties. Therefore, a policy of attempting to catch terrorists "red-handed" (in possession of evidence, e.g. explosives) proves unacceptably risky. Hence suspects should be arrested earlier in the intelligence gathering stage, resulting in police having less evidence at the time of arrest. *"The networks are invariably international, indeed global in their origin and span of operation. Enquiries have to be undertaken in many different jurisdictions, many of which are not able to operate to tight timescales." *"Establishing the identity of suspects often takes a considerable amount of time. The use of forged or stolen identity documents compounds this problem." *"There is often a need to employ interpreters to assist with the interview process. The global origins of the current terrorist threat has given rise to a requirement in some cases to secure the services of interpreters who can work in dialects from remote parts of the world. Such interpreters are difficult to find. This slows down proceedings, restricting the time available for interview." *"Terrorists are now highly capable in their use of technology. In recent cases large numbers (hundreds) of computers and hard drives were seized. Much of the data was encrypted. The examination and decryption of such vast amounts of data takes time, and needs to be analysed before being incorporated into an interview strategy. This is not primarily a resourcing issue, but one of a necessarily sequential activity of data capture, analysis and disclosure prior to interview." *"The forensic requirements in modern terrorist cases are far more complex and time consuming than in the past, particularly where there is the possibility of chemical, biological, radiological or nuclear hazards." *"The use of mobile telephony by terrorists as a means of secure communication is a relatively new phenomenon. Obtaining data from service providers and subsequent analysis of the data to show linkage between suspects and their location at key times all takes time." *"There is now a need to allow time for regular religious observance by detainees that was not a feature in the past. This too causes delay in the investigative processes during pre-charge detention." *"A feature of major counter-terrorist investigations has been that one firm of solicitors will frequently represent many of the suspects. This leads to delay in the process because of the requirement for consultations with multiple clients." *The letter goes on to posit a theoretical case based on previous investigations. Clarke repeated many of these points in his speech during the second
reading Reading is the process of taking in the sense or meaning of Letter (alphabet), letters, symbols, etc., especially by Visual perception, sight or Somatosensory system, touch. For educators and researchers, reading is a multifaceted process invo ...
of the bill. Michael Todd, Chief constable of
Greater Manchester Police Greater Manchester Police (GMP) is the territorial police force responsible for law enforcement within the metropolitan county of Greater Manchester in North West England. , Greater Manchester Police employed 6,866 police officers, 3,524 memb ...
also publicly supported increased duration of detention: Tony Blair quoted him as saying: "The reality of the terrorism threat that we currently face is so horrendous in terms of the implications that we are having to intervene far earlier in the investigation than we ever would have during IRA campaigns ... because with mass casualty terrorism we cannot afford to take any chances." Todd also wrote to the press; * to ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' "We have given that professional advice on one basis and one basis only, that these were the changes that professionals directly involved in the fight against terrorism felt were necessary to protect the people of this country from attack ..That is the view not only of the Metropolitan police, but of chief constables across the country and the terrorism committee that represents them". * And to ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
'' "the Government sought the views of the leaders of the police service on what legislative change was needed to combat the new reality of the terrorist threat. We have given that professional advice on one basis only, that these were the changes that professionals directly involved in the fight against terrorism felt were necessary to protect the people of this country from attack. The investigative difficulties of dealing with this threat, the operational need to take executive action to counter risk earlier and the frightening implications of getting it wrong mean that changes are needed. That is the view not only of the Metropolitan Police, but of chief constables across the country and the terrorism committee that represents them. Unfortunately, the proposal to increase the maximum period of pre-charge detention to three months has attracted unhelpful and unfair comparisons with internment, which it is not." The
Devon and Cornwall Constabulary Devon and Cornwall Police is the territorial police force responsible for policing the ceremonial counties of Devon and Cornwall (including the Isles of Scilly) in England. The force serves approximately 1.8 million people over an area of . Hi ...
wrote to MPs to express support for the measure. In addition Blair cited Sir
Hugh Orde Sir Hugh Stephen Roden Orde, (born 27 August 1958) is a retired British police officer who was the president of the Association of Chief Police Officers, representing the 44 police forces of England, Wales and Northern Ireland. Between 2002 a ...
( Chief Constable of
Police Service of Northern Ireland The Police Service of Northern Ireland (PSNI; ga, Seirbhís Póilíneachta Thuaisceart Éireann; Ulster Scots dialects, Ulster-Scots: ') is the police, police force that serves Northern Ireland. It is the successor to the Royal Ulster Constabu ...
), who expressed his disappointment at Parliament's eventual decision. Some Members of Parliament and the press criticised this public advocacy for policy from the police (the
Liberal Democrat Several political parties from around the world have been called the Liberal Democratic Party or Liberal Democrats. These parties usually follow a liberal democratic ideology. Active parties Former parties See also *Liberal democracy *Lib ...
Adrian Sanders Adrian Mark Sanders (born 25 April 1959) is a Liberal Democrat politician in the United Kingdom. He was the Member of Parliament (MP) for Torbay in Devon from 1997 until his defeat in the 2015 general election. Early life Sanders is the ...
to name one); there were comments in the House concerned about "the politicisation of the police force" ( ''Today'' programme, 11 November 2005). Indeed, the newspapers of Friday 12 November covered this question extensively when it emerged that the police had been encouraged to make representations to MPs—about the bill within their jurisdictions. Clarke sought to clarify the nature of these approaches made to Chief constables in a letter to ''
The Telegraph ''The Telegraph'', ''Daily Telegraph'', ''Sunday Telegraph'' and other variant names are popular names for newspapers. Newspapers with these titles include: Australia * ''The Telegraph'' (Adelaide), a newspaper in Adelaide, South Australia, publ ...
'' on 12 November:
On 3 November, I suggested to the
Association of Chief Police Officers The Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO) was a not-for-profit private limited company that for many years led the development of policing practices in England, Wales, and Northern Ireland. Established ...
that chief constables write to MPs in their areas, making themselves or a relevant senior officer available to MPs, of all parties, who wanted to know their local police attitude to these issues. I made clear that this should not be on a party political basis.


Criticism of 90-day detention

Opponents of 90-day detention broadly argue that everyone has a right to liberty unless charged with a crime. Detention for 90 days without charge is seen as a retreat from ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
''. Many argue that the denial of such a fundamental right can never be justified, regardless of the threat posed by terrorism. Critics, including former
Conservative Party The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right. Political parties called The Conservative P ...
leader
Michael Howard Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
, argued that no suspected terrorists who were released under the 14-day regime were later incriminated by new evidence, meaning that the police had never practically needed longer than 14 days. Archbishop Desmond Tutu has likened the British government's detention of terrorist suspects without charge to South Africa under
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
. Tutu told the BBC: "Ninety days for a South African is an awful
déjà vu ''Déjà vu'' ( , ; "already seen") is a French loanword for the phenomenon of feeling as though one has lived through the present situation before.Schnider, Armin. (2008). ''The Confabulating Mind: How the Brain Creates Reality''. Oxford Univers ...
because we had in South Africa in the bad old days a 90-day detention law.""Blair: Guantánamo is an anomaly"
''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'', 17 February 2006.
The bill's opponents, who included the Conservatives, the Liberal Democrats, and members of Blair's ruling Labour Party, compared the lengthy period of detention to the policy of
internment Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simpl ...
which had been used in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
during the 1970s, and which many observers held to have served to antagonise Northern Ireland's Republican community and thus helped
Provisional Irish Republican Army The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, facilitate Irish reun ...
recruitment. The 90-day detention measure was also seen by many as an unfair and unjust extension of the police's powers, and extending the perceived scope of a "
police state A police state describes a state where its government institutions exercise an extreme level of control over civil society and liberties. There is typically little or no distinction between the law and the exercise of political power by the exe ...
". Critics argued that Blair's government was pandering to public opinion, and freely doing the bidding of the police. Another argument against the 90-day measure was that the police and government were working closely together as senior Chief Constables wished to keep their jobs after the plans to cut the number of Constabularies in the United Kingdom from 39 down to around 12.


Public opinion

A
YouGov YouGov is a British international Internet-based market research and data analytics firm, headquartered in the UK, with operations in Europe, North America, the Middle East and Asia-Pacific. In 2007, it acquired US company Polimetrix, and sinc ...
poll was commissioned prior to the vote by Sky News to determine the public's view on an increased period of detention. The poll was reported to show 72% in favour of 90 days with 22% opposed; however, some of those who viewed the full survey find this broad analysis controversial. With the defeat of the '90-day' amendment Tony Blair referred to a "worrying gap" between the opinion of MPs and the public.


Application of the 28-day detention limit

Prior to this act, the period which the police could detain terrorist suspects without bringing charges was 14 days. Since then, there have been several terrorist investigations where suspects have been arrested and held for more than 14 days without being informed of the offences of which they are suspect. Many of the twenty-five 2006 transatlantic aircraft plot suspects were held for weeks after their arrest before being formally charged, but this period lasted for more than 14 days for only some of them, such as Mohammed Shamin Uddin. Also, from 23 August to 21 September, Habib Ahmed of Manchester was held as part of the 2006 Cheetham Hill terrorism arrests for the full 28 days before being accused of making computer records of possible terror targets and undergoing a course of weapons training at a terror camp in Pakistan between April and June 2006.


Progress of the bill through Parliament

The bill was preceded by a meeting of the
Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...
select committee, ''Counter Terrorism and Community Relations in the Aftermath of the London Bombings''. The bill received its first
reading Reading is the process of taking in the sense or meaning of Letter (alphabet), letters, symbols, etc., especially by Visual perception, sight or Somatosensory system, touch. For educators and researchers, reading is a multifaceted process invo ...
on 13 October 2005, its second reading on 26 October and the third on 10 November. The Government defeat over the detention limit happened at the ''report stage'' on 9 November.
Royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
was given on 30 March 2006.


Political implications of the bill

Tony Blair personally argued for the bill, in its full form, in the strongest terms. In particular, he refused offers to compromise on a shorter period of detention, arguing that the 90-day figure was a direct recommendation of the police and that no lesser period would provide adequate protection. Following the Government's defeat on the 90-day matter, and the adoption of an amendment setting the maximum at 28 days, Blair criticised parliament and particularly the Labour MPs who had rebelled, saying there was a "worrying gap between parts of Parliament and the reality of the terrorist threat and public opinion". The defeat of the Government in this matter rekindled debate over whether Blair (who had already announced he would not seek a further term as PM) was a lame duck, no longer able to muster his party's support over contested issues. The British media has expressed broad doubts that the Government's intended programme of legislation will now get through Parliament. Specifically; welfare reform (
green paper In the United Kingdom, the Commonwealth countries, Hong Kong, the United States and the European Union, a green paper is a tentative government report and consultation document of policy proposals for debate and discussion. A green paper represen ...
), including cuts in incapacity benefit; a health
white paper A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
, to increase involvement of private companies in health provision; and an education bill, also designed to increase private sector involvement in provision.


Effects

In August 2015 the
British Library The British Library is the national library of the United Kingdom and is one of the largest libraries in the world. It is estimated to contain between 170 and 200 million items from many countries. As a legal deposit library, the British ...
declined to curate the Taliban Sources project, a large digital archive of
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
-related documents, maps and newspapers—mostly material from the 1990s, the period they were in power in Afghanistan—because the library considered possession of some items in the archive could contravene the Terrorism Act (2006)."Terror law prompts British Library to reject unique Taliban archive"
/ref>


See also

*
Civil liberties in the United Kingdom Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development o ...
* ''
Glorifying Terrorism ''Glorifying Terrorism'' is a 2007 science fiction anthology edited by Farah Mendlesohn, which was compiled in direct response to the Terrorism Act 2006. Every story in the anthology has been specifically designed to be illegal under the Act's p ...
'' *
List of terrorist incidents in the United Kingdom The reasons behind terrorist attacks in Great Britain are many. During the 20th century, most attacks were carried out by various Irish Republican Army (IRA) groups and were linked to the The Troubles, Northern Ireland conflict (the Troubles). I ...
*
Prevention of Terrorism Act 2005 The Prevention of Terrorism Act 2005 (c 2) was an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners (known as the 'Belmarsh 8') at H ...
*
Taking Liberties (film) ''Taking Liberties'' (also known as ''Taking Liberties Since 1997'') is a British documentary film about the erosion of civil liberties in the United Kingdom and increase of surveillance under the government of Tony Blair. It was released in th ...
*
Terrorism Acts From 2000 to 2015, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focused on terrorism related to Northern Ireland. The timings were influenced by the September 11, 2001 at ...


References


External links


UK Legislation

*
Explanatory notes
to the Terrorism Act 2006.


Parliamentary documents and debates timeline


Structure

''The links in this section include only primary documents relating to the debate within Parliament, ordered chronologically and bulleted according to document type: *Text of the bill and Hansard transcriptions of debates. **Annotations. ***Direct links to Hansard debate subsections. ****Parliamentary briefing documents and other primary sources.


Documents


Letter from Charles Clarke to David Davis and Mark Oaten (shadow Home Secretary and Liberal Democrat Home Affairs spokesman respectively), 15 July (pdf)
**** ttps://web.archive.org/web/20060929213405/http://www.justice.org.uk/images/pdfs/cc270705.pdf JUSTICE open letter to Charles Clarke concerning proposed counter-terrorism measures (27 July 2005) (pdf)**
Tony Blair (Prime Minister)'s press conference about terrorism/counter-terrorism, 5 August
*'


PDF version
'' **From The United Kingdom Parliament publications website. **
JUSTICE preliminary briefing on the Draft Terrorism Bill - September 2005 (pdf)
**
Liberty Parliamentary briefing - Draft Terrorism Bill - September 2005 (pdf)
**
Foreign Office report - Counter-terrorism Legislation and Practice: A Survey of Selected Countries, October 2005 (pdf)
– referenced in Commons debates, this report outlines current anti-terrorism legislation in ten democaratic nations, including the United States, Canada, Australia and a portion of Europe.

****[https://web.archive.org/web/20060211160204/http://www.lawsociety.org.uk/secure/file/145701/d:/teamsite-deployed/documents/templatedata/Internet%20Documents/Parliamentary%20briefings/Documents/draftterrorismbilloct2005.pdf Law Society Parliamentary brief for - HASC Draft Terrorism Bill - October 2005 (pdf)] **
Amnesty International’s Parliamentary brief for - HASC Draft Terrorism Bill - October 2005
* (Terrorism Bill - 1st reading - 13 October : requires no debate in the Commons to be recorded in Hansard or elsewhere). **
Joint Committee on Human Rights - Counter-terrorism Policy and Human Rights - Uncorrected evidence transcript, 24 October
– "Any public use of, or reference to, the contents should make clear that neither witnesses nor Members have had the opportunity to correct the record. The transcript is not yet an approved formal record of these proceedings." – This document is cited during the second reading. **
Amnesty International’s submission of 14 October to the UK Parliament’s Joint Committee on Human Rights in connection with the Committee's inquiry into the subject of "counter-terrorism policy and human rights"


(The House
divided Division is one of the four basic operations of arithmetic, the ways that numbers are combined to make new numbers. The other operations are addition, subtraction, and multiplication. At an elementary level the division of two natural numb ...
: Ayes 472, Noes 94.) **
JUSTICE Parliamentary briefing for - 2nd reading - October 2005 (pdf)
**
Law Society Parliamentary brief for - 2nd reading - 26 October (pdf)
**
Liberty Parliamentary briefing - 2nd reading - October 2005 (pdf)
**
Law Society Parliamentary brief for - Committee Stage - 31 October (pdf)
**
Amnesty International’s briefing for the House of Commons’ - second reading - 25 October
**The debate on ninety days' detention: *

Charles Clarke Charles Rodway Clarke (born 21 September 1950) is a British Labour Party politician, who was the Member of Parliament (MP) for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006. Early life T ...
begins responding to questions. *
contributions from
Michael Howard Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
and
Kenneth Clarke Kenneth Harry Clarke, Baron Clarke of Nottingham, (born 2 July 1940), often known as Ken Clarke, is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997 as well as serving as de ...
. *
contribution from
David Davis begins. *
the vote on the 90-day detention amendment with names
- Ayes: 291, Noes 322 - "Question accordingly negatived". *

– Ayes: 323, Noes: 290 – "Question accordingly agreed to". *

led by
Hazel Blears Hazel Anne Blears (born 14 May 1956) is a former British Labour Party politician, who served as the Member of Parliament (MP) for Salford and Eccles, previously Salford, from 1997 to 2015. One of 101 female Labour MPs elected at the 1997 g ...
. ***Amendment
Clause 1 - Encouragement of Terrorism - "unforeseen recklessness"
***Amendment
Clause 1(2) - Encouragement of Terrorism - "glorifies"
– This amendment sought the removal of the "glorification" section of the bill. The House voted to retain "glorification" as an offence. **
Law Society Parliamentary brief for - report stage - 9 October (pdf)
****[https://web.archive.org/web/20060929220028/http://www.justice.org.uk/images/pdfs/terrorismbilllords2Rbriefingnov05.pdf JUSTICE Parliamentary briefing for second reading in the House of Lords (November 2005) (pdf)]
Terrorism Act as originally enacted - March 2006
''For an appreciation of the parliamentary process see Act of Parliament – procedure – UK or, externally
Parliamentary Stages of a Government Bill (pdf)
from the Commons Information Office.''


Secondary sources


Point by point: Terror debate
from
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...
.
At-a-glance: New terror plans
from BBC News.
In quotes: Government on terror plans
from BBC News.


Media coverage


''Blair defeated over terror laws''
– BBC News report

by Souad Mekhennet and Dexter Filkins,
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
, 21 August 2006


Opinion-editorial articles


=Just prior to the 90-day detention vote

=

– ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
''. **"It is a huge breach of the 300-year-old
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
principle that every arrested citizen has a right to be either charged or freed. Democracies are not supposed to allow imprisonment without trial."
Out of the frying pan of terror – but Blair will end up facing Labour's fire
– ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
''. **"What looked rash on Friday looks astonishingly percipient today. At a stroke the Liberal Democrats and, more importantly, the Conservatives are at cross-purposes with the electorate on probably the most cutting issue of the decade."


=Just post 90-day detention vote

=
A failure of political judgment
– ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' **"the wounding conclusion from Wednesday's defeat concerns Mr Blair's judgment, rather than his authority."
For country and conscience
– ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'' **"Tony Blair no longer commands. Teflon Tony is dead". The Prime Minister now needs to accept that this is the case and ponder how to adapt to a world where policies could regularly get stuck on the political pan." {{UK legislation Terrorism laws in the United Kingdom United Kingdom Acts of Parliament 2006 Censorship in the United Kingdom