Controversial ‘control orders’ to be kept

In the wake of a major terror scare aboard cargo planes, an internal Government review is understood to have reached agreement that control orders should stay.

But the divisive decision is set to cause ructions in the Coalition. “The Observer” newspaper suggested at the weekend that Prime Minister David Cameron said the Government was heading for a “car crash” over the issue.

Liberal Democrat Energy Secretary Chris Huhne said keeping control orders would undermine key British values.

Car crash 
Lib Dems, and quite a few Tories too, lambasted them in opposition, writes Channel 4 News Political Editor Gary Gibbon.

But the Home Secretary, on the advice of the MI5 Director General and the Head of the Office for Security and Counter Terrorism, thinks there isn't a viable alternative to Control Orders in sight. 

Andrew Rawnsley in "The Observer" yesterday reported David Cameron's views of the impending political difficulties - at a meeting with the Home Secretary and the Deputy PM, Mr Cameron appears to have said the Control Orders saga was looking like a "f****** car crash." I understand that what prompted that particular outburst from the PM was when he heard about the views of Lord Macdonald - ex DPP - who has a role on the review of control orders. Lord Macdonald has made it clear to the Home Secretary that if she renews Control Orders he'll issue a minority opinion attacking the decision. 

The government has until the end of February or the beginning of March 2011 before the current legislation on Control Orders has to be renewed. But it has until only 24th January 2011 before it has to make up its mind on something else in the review: 28 days' detention without charge.

Read more on control orders from Gary Gibbon. 

The orders mean suspects can be kept under virtual house arrest without any trial by jury.

The Home Office probe of counter-terrorism is thought to have backed control orders after receiving representations from MI5.

MI5 head Jonathan Evans has indicated support for the measure in the past, saying in September: “Terrorist threats can still exist which the criminal justice system cannot reach,” he said. “The Government cannot absolve itself of the responsibility to protect its citizens just because the criminal law cannot, in the particular circumstances, serve the purpose.”

However the Liberal Democrats pledged to abolish the measures in their election manifesto and senior Tories are also concerned.

Home Secretary Theresa May said today that “no decisions have yet been taken” on control orders.

At the weekend, the Home Secretary told the BBC’s Andrew Marr show: “What I am clear about is that we do need to take some steps to rebalance national security and civil liberties, but of course commensurate always with ensuring we can keep this country safe.”

But Mr Huhne told the BBC’s Politics Show: “We voted against control orders repeatedly and I think that all of us in government frankly want to preserve the rule of law. It’s an absolute key part of out tradition.

“Let us see what happens in terms of the review, but I very firmly believe that the values we have in this country of a fair trial, you should know what you’re accused of, you shouldn’t be locked up or put under house arrest.

“It is not the sort of thing that we have traditionally done in this country and I want to get to a situation where we do not have to do that…We need to try and remember that when we are tackling terrorism what we are doing is defending the traditions of this country.”

The review is also understood to suggest that Labour’s 28-day detention period without charge be reduced to 14 days – but with “control order” restrictions for another 14 days.