Clarke warns Smith over 42 day law
Updated on 20 June 2008
Channel 4 News has seen letters from former home secretary Charles Clarke in which he warns the present incumbent, Jacqui Smith, about "inadequacies" in the bill to extend terror suspect detention to 42 days.
Read the letters in full:
8 Jun 2008: Charles Clarke writes to Jacqui Smith
9 Jun 2008: Jacqui Smith replies to Charles Clarke
10 Jun 2008: Charles Clarke replies to Jacqui Smith
11 Jun 2008: Jacqui Smith replies to Charles Clarke
11 Jun 2008: Charles Clarke replies to Jacqui Smith
The letters between Charles Clarke and Home Secretary Jacqui Smith were written in the lead-up to this month's controversial vote on extending the length of time terror suspects can be held to 42 days.
Mr Clarke warns of "serious inadequacies of this bill following your 'concessions'" - and claims the new law will "bring discredit on the government and the Labour party."
Meanwhile Culture Secretary Andy Burnham has written to the civil liberties campaigner Shami Chakrabarti expressing his regret at any distress caused by comments he made about her and the former shadow home secretary, David Davis.
In an interview Mr Burnham said Miss Chakrabarti had been "seduced" into supporting Mr Davis on 42 days detention by "heart melting" phone calls late at night.
Channel 4 News can disclose that the former home secretary, Charles Clarke, who supported the 42 days legislation when the bill was passed in the Commons on 11 June, has written to members of the cabinet warning that the bitter controversy over the law change risks undermining the fight against terrorism.
As home secretary, Mr Clarke asked MPs to back detention without charge for up to 90 days. But correspondence between current home secretary, Jacqui Smith, and Mr Clarke - obtained by Channel 4 News - spells out his serious concerns about the 42 days legislation as it currently stands.
Mr Clarke says the amendments the home secretary made to win over Labour rebels will seriously inhibit the police, and make it unlikely that the 42 day powers would ever be used.
In a letter from Charles Clarke MP to Jacqui Smith on 8 June 2008 Mr Clarke said: "Taken together the impact of the amendments seems to me to make it almost impossible for the police to secure a further 14 days detention in practice.
"I am sure that the concerns I express... will be expressed forcefully in the Lords and they will certainly lead to protracted and potentially bitter divisions with the government.
"The new law is likely to turn out to be entirely academic and the whole process will severely damage the fight against terrorism and will only bring discredit on the government and the Labour party."
In a further letter from Charles Clarke to the home secretary, dated 10 June 2008: "I remain very concerned about the possibility of ever using this power to extend to 42 days, so that the whole process is worthless from the point of view of national security."
In a letter also seen by Channel 4 News, from Jacqui Smith to Charles Clarke, dated 11 June 2008, Ms Smith said: "May I say that I do not believe that the proposals I have put forward are worthless. They represent a careful balance between giving police the powers they need but subject to appropriate and effective safeguards."
In a further letter from Charles Clarke to Jacqui Smith dated 11 June 2008, Mr Clarke said: "I have decided to vote for the government's position today despite these very serious doubts which are shared by a significant number of other colleagues who will also support the government today..."
"As the home secretary who originally brought forward the proposed extension to 90 days I think that the best thing to do at this stage, despite the serious inadequacies of this bill following your 'concessions', is to support the bill."
In response to the letters a Home Office spokesman said:
"It is not the normal practice for the Government to comment on leaked documents or private letters.
All the provisions in the CT bill are about protecting the British people from the serious threat we face from terrorism.
Overall there has been broad agreement on the legislation and the government went to great lengths to consult widely on our proposal to temporarily extend pre-charge detention.
The Government is determined to give the police the powers they need to tackle terrorism. We will now continue to press for these important measures as the Bill continues its passage through the House of Lords."
