Terrorism Act 2006
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The Terrorism Act 2006 (c. 11) is an act of the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
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 othe ...
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, also referred to as 7/7, were a series of four co-ordinated suicide attacks carried out by Islamist terrorists that targeted commuters travelling on Transport in London, London's public transport during the ...
, 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 of ...
, 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 Tony Blair's government on the House of Commons floor.


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, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
Charles Clarke wrote to the spokesmen for the
Conservatives Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...
and Liberal Democrats, David Davis and Mark Oaten 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 (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 Bicameralism, 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 ...
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 (; 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 to another Islamist organisati ...
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 The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...
and attacks on US and UK forces during the Iraqi insurgency. These figures also include Muslim clerics such as Abu Qutada and Abu Hamza al-Masri.


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 person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...
, to imprisonment for a term not exceeding seven years, or to a fine, or to both, or, on
summary conviction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...
, 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). 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 Organised Crime and Police Act 2005 (c. 15) (often abbreviated to SOCPA or SOCAP) is an Act of Parliament, Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significan ...
, 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 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 (E ...
.


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 , image = Flag of Jihad.svg , caption = Jihadist flag, Flag used by various al-Qaeda factions , founder = Osama bin Laden{{Assassinated, Killing of Osama bin Laden , leaders = {{Plainlist, * Osama bin Lad ...
'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. 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 The secretary of state for Northern Ireland (; ), also referred to as Northern Ireland Secretary or SoSNI, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the Northern Ireland Office. The offi ...
),
Tony Lloyd Sir Anthony Joseph Lloyd (25 February 1950 – 17 January 2024) was a British Labour politician. He served as a member of Parliament (MP) for 36 years, making him one of the longest-serving MPs in recent history. He served as MP for Stretfo ...
, and Richard Burden offered general support. 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 and Richard Shepherd dissented from their party's line to oppose on civil liberties grounds. Labour MPs Michael Meacher 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 Unionism in Ireland, unionist, Ulster loyalism, loyalist, British nationalist and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who ...
, 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; ) is a Scottish nationalist and social democratic party. The party holds 61 of the 129 seats in the Scottish Parliament, and holds 9 out of the 57 Scottish seats in the House of Commons of the United Kingdom, ...
members, 3
Plaid Cymru Plaid Cymru ( ; , ; officially Plaid Cymru – the Party of Wales, and often referred to simply as Plaid) is a centre-left, Welsh nationalist list of political parties in Wales, political party in Wales, committed to Welsh independence from th ...
members, the sole
Ulster Unionist Party The Ulster Unionist Party (UUP) is a Unionism in Ireland, unionist political party in Northern Ireland. The party was founded as the Ulster Unionist Council in 1905, emerging from the Irish Unionist Alliance in Ulster. Under Edward Carson, it l ...
MP and Independent MPs Peter Law and Richard Taylor. The Conservative MP
Boris Johnson Alexander Boris de Pfeffel Johnson (born 19 June 1964) is a British politician and writer who served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party from 2019 to 2022. He wa ...
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 committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
,
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
and complex
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
. 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 , image = Flag of Jihad.svg , caption = Jihadist flag, Flag used by various al-Qaeda factions , founder = Osama bin Laden{{Assassinated, Killing of Osama bin Laden , leaders = {{Plainlist, * Osama bin Lad ...
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 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. Previously, he was Chancellor of the Ex ...
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 wrote to the
Home Secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
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 Resistance movement, resistance organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dominantly Catholic and dedicated to anti-imperiali ...
—who made efforts to restrict the number of casualties for political reasons—"modern terrorists" (the letter does not directly reference Muslim extremists) 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 symbols, often specifically those of a written language, by means of Visual perception, sight or Somatosensory system, touch. For educators and researchers, reading is a multifacete ...
of the bill. Michael Todd, Chief constable of Greater Manchester Police 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 Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' "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 British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
'' "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 wrote to MPs to express support for the measure. In addition Blair cited Sir Hugh Orde ( Chief Constable of
Police Service of Northern Ireland The Police Service of Northern Ireland (PSNI; ; Ulster-Scots: '), is the police service responsible for law enforcement and the prevention of crime within Northern Ireland. It is the successor to the Royal Ulster Constabulary (RUC) after it ...
), 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 Adrian Sanders 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 often names for newspapers. Newspapers with these titles include: Australia * The Telegraph (Adelaide), ''The Telegraph'' (Adelaide), a newspaper in Adelaid ...
'' 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 legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
''. 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 leader
Michael Howard Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who was Leader of the Conservative Party (UK), Leader of the Conservative Party and Leader of the Opposition (United Kingdom), Leader of the Opposi ...
, 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 Desmond Mpilo Tutu (7 October 193126 December 2021) was a South African Anglican bishop and theologian, known for his work as an anti-apartheid and human rights activist. He was Bishop of Johannesburg from 1985 to 1986 and then Archbishop ...
has likened the British government's detention of terrorist suspects without charge to South Africa under
apartheid Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
. Tutu told the BBC: "Ninety days for a South African is an awful
déjà vu ''Déjà vu'' ( , ; "already seen") is the phenomenon of feeling like one has lived through the present situation in the past.Schnider, Armin. (2008). ''The Confabulating Mind: How the Brain Creates Reality''. Oxford University Press. pp. 167–1 ...
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 Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'', 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 Criminal charge, charges or Indictment, intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects ...
which had been used in
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
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 Provisional Irish Republican Army (Provisional IRA), officially known as the Irish Republican Army (IRA; ) and informally known as the Provos, was an Irish republican paramilitary force that sought to end British rule in Northern Ireland ...
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 whose 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 exec ...
". 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 plc is a 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. History 2000–2010 Stephan Shakespeare and Nadhim ...
poll was commissioned prior to the vote by
Sky News Sky News is a British free-to-air television news channel, live stream news network and news organisation. Sky News is distributed via an English-language radio news service, and through online channels. It is owned by Sky Group, a division of ...
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 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 symbols, often specifically those of a written language, by means of Visual perception, sight or Somatosensory system, touch. For educators and researchers, reading is a multifacete ...
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 othe ...
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. Since the 199 ...
, 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. Based in London, it is one of the largest libraries in the world, with an estimated collection of between 170 and 200 million items from multiple countries. As a legal deposit li ...
declined to curate the Taliban Sources project, a large digital archive of
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
-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 History of the Constitution of the United Kingd ...
* '' Glorifying Terrorism'' * List of terrorist incidents in the United Kingdom *
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 ...
* Taking Liberties (film) * Terrorism Acts


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: 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 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 was Leader of the Conservative Party (UK), Leader of the Conservative Party and Leader of the Opposition (United Kingdom), Leader of the Opposi ...
and
Kenneth Clarke Kenneth Harry Clarke, Baron Clarke of Nottingham (born 2 July 1940) is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997. A member of the Conservative Party (UK), Conservative ...
. *
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. ***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 broad ...
.
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'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
, 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 Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
''. **"It is a huge breach of the 300-year-old
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
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
{cbignore, bot=medic – ''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
''. **"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 Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' **"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 Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'' **"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." Terrorism laws in the United Kingdom United Kingdom Acts of Parliament 2006 Censorship in the United Kingdom