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Dr. Godman: I am extremely grateful for the courteous and comprehensive way in which my hon. Friend responded to my concerns about Scotland. On a minor point, in the table of designated ports on page 103, Campbeltown is misspelt.
Mr. Clarke: I shall certainly draw that misspelling to the attention of the parliamentary draftsmen.
I turn now to the points raised by my hon. Friend the Member for Leyton and Wanstead (Mr. Cohen). Amendment No. 173 is unnecessary. Paragraph 25 of schedule 7 provides that a review officer must make a written record of the outcome of all reviews and that the record must include the grounds on which continued detention is authorised. That is fundamental to the issues raised by my hon. Friend.
Paragraph 18 provides that the first review of detention must be as soon as practicable after arrest, and reviews must take place thereafter at 12-hour intervals, so although there may not be a review at exactly the 36-hour point specified in the amendment, there will be a review between 36 and 48 hours. As with all reviews, a written record will be made of the outcome, including the reasons for continued detention, and that addresses my hon. Friend's specific point.
Amendment No. 178 in the name of my hon. Friend would require the first detention review to be done within four hours of arrest. In most cases it would not be realistic to have a fixed requirement, and I could not advise the House to accept the amendment. My hon. Friend acknowledged that the figure of four hours was plucked out of the air. I do not suggest that as any criticism of his amendment, but that is essentially the problem in choosing a period, whether it is two hours, four hours or six hours--there is an arbitrary nature to that choice. That is why the wording--[Interruption.]
Mr. Deputy Speaker: Order. I appeal to the House to come to order. There are too many private conversations going on, and the Minister is replying to the points made by hon. Members.
Mr. Clarke: I am sorry for going on for slightly longer than I had hoped. Many technical points were made during interventions and I thought that it was courteous to respond to them as fully as possible, even though I am aware that this may not be the height of rhetoric and may not grip everybody in the way that every parliamentarian would wish.
- as soon as is reasonably practicable
Mr. Cohen: I am gripped by interest in the Minister's response, and I accept that my period of four hours before the first review and subsequent report is arbitrary, although it is meant to be a maximum period. My hon. Friend's formula is for the review and report to be done
- as soon as is reasonably practicable.
Mr. Clarke: I am certainly prepared to say that the courts would view the period suggested by my hon. Friend as reasonable, but that is a judgment not for me but for the courts, which have to consider situations in the round. Delays can happen for realistic, technical reasons, and they need to be dealt with.
I have tried to deal as fully as I can with the points made by hon. Members, even down to the spelling of important Scottish towns, critical as that is. I hope that, on consideration, my hon. Friend the Member for Hull, North will withdraw his new clause and we will not have a Division.
I am conscious of the time and hon. Members' desire to move on, so I have not spent a great deal of time explaining Government amendments Nos. 60 to 63, which have not been addressed in the debate. I hope that they will be accepted.
Mr. McNamara: In view of what the Minister has said and his willingness to look at the points again, presumably before the Bill goes to the other place, and in view of amendment No. 64, which goes some way to meeting our concerns about what was missing from the Bill, I beg to ask leave to withdraw the motion.
Motion and clause, by leave, withdrawn.
New Clause 8
Expiry and revival (No. 2)
'(1) This Act shall (subject to subsection (2)) cease to have effect at the end of the period of five years beginning with the day on which the Act is brought into force.
(2) The Secretary of State may by order provide--
(a) that a provision of this Act which is in force (whether or not by virtue of this subsection) shall continue in force for a specific period not exceeding five years;
(b) that a provision of this Act shall cease to have effect;
(c) that a provision of this Act which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding five years.
(3) An order under subsection (2) shall be made by statutory instrument; and no such order shall be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.'.--[Mr. Simon Hughes.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:--
The House divided: Ayes 47, Noes 281.
AYES
Allan, Richard
Ashdown, Rt Hon Paddy
Baker, Norman
Ballard, Jackie
Beith, Rt Hon A J
Bell, Martin (Tatton)
Breed, Colin
Bruce, Malcolm (Gordon)
Burnett, John
Burstow, Paul
Campbell, Rt Hon Menzies
(NE Fife)
Chidgey, David
Cotter, Brian
Davey, Edward (Kingston)
Fearn, Ronnie
Flynn, Paul
Foster, Don (Bath)
George, Andrew (St Ives)
Hancock, Mike
Harris, Dr Evan
Heath, David (Somerton & Frome)
Hogg, Rt Hon Douglas
Hughes, Simon (Southwark N)
Kennedy, Rt Hon Charles
(Ross Skye & Inverness W)
Livsey, Richard
Llwyd, Elfyn
McDonnell, John
Maclennan, Rt Hon Robert
McNamara, Kevin
Marshall, Jim (Leicester S)
Michie, Mrs Ray (Argyll & Bute)
Moore, Michael
Morgan, Alasdair (Galloway)
Oaten, Mark
Rendel, David
Sanders, Adrian
Simpson, Alan (Nottingham S)
Smith, Sir Robert (W Ab'd'ns)
Stunell, Andrew
Taylor, Matthew (Truro)
Thomas, Simon (Ceredigion)
Tonge, Dr Jenny
Tyler, Paul
Wallace, James
Webb, Steve
Willis, Phil
Wise, Audrey
Tellers for the Ayes:
Mr. Tom Brake and
Mr. Bob Russell.
NOES
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Alexander, Douglas
Anderson, Donald (Swansea E)
Anderson, Janet (Rossendale)
Armstrong, Rt Hon Ms Hilary
Ashton, Joe
Atkins, Charlotte
Austin, John
Banks, Tony
Barnes, Harry
Battle, John
Beard, Nigel
Beckett, Rt Hon Mrs Margaret
Begg, Miss Anne
Benn, Hilary (Leeds C)
Bennett, Andrew F
Benton, Joe
Bermingham, Gerald
Berry, Roger
Best, Harold
Betts, Clive
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Boateng, Rt Hon Paul
Borrow, David
Bradley, Keith (Withington)
Bradshaw, Ben
Brinton, Mrs Helen
Browne, Desmond
Burden, Richard
Burgon, Colin
Butler, Mrs Christine
Byers, Rt Hon Stephen
Campbell, Alan (Tynemouth)
Campbell, Mrs Anne (C'bridge)
Campbell, Ronnie (Blyth V)
Campbell-Savours, Dale
Cann, Jamie
Caplin, Ivor
Casale, Roger
Cawsey, Ian
Chapman, Ben (Wirral S)
Chaytor, David
Clapham, Michael
Clark, Dr Lynda
(Edinburgh Pentlands)
Clark, Paul (Gillingham)
Clarke, Charles (Norwich S)
Clelland, David
Clwyd, Ann
Coaker, Vernon
Coffey, Ms Ann
Cohen, Harry
Colman, Tony
Connarty, Michael
Cook, Frank (Stockton N)
Cooper, Yvette
Corston, Jean
Cousins, Jim
Cranston, Ross
Crausby, David
Cryer, Mrs Ann (Keighley)
Cryer, John (Hornchurch)
Cummings, John
Cunningham, Jim (Cov'try S)
Curtis-Thomas, Mrs Claire
Darvill, Keith
Davey, Valerie (Bristol W)
Davies, Rt Hon Denzil (Llanelli)
Davies, Geraint (Croydon C)
Dawson, Hilton
Donaldson, Jeffrey
Dowd, Jim
Drew, David
Drown, Ms Julia
Dunwoody, Mrs Gwyneth
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Ennis, Jeff
Fisher, Mark
Fitzpatrick, Jim
Flint, Caroline
Forsythe, Clifford
Foster, Rt Hon Derek
Foster, Michael Jabez (Hastings)
Foster, Michael J (Worcester)
Gapes, Mike
Gardiner, Barry
George, Bruce (Walsall S)
Gerrard, Neil
Gibson, Dr Ian
Gilroy, Mrs Linda
Godman, Dr Norman A
Godsiff, Roger
Goggins, Paul
Golding, Mrs Llin
Gordon, Mrs Eileen
Griffiths, Jane (Reading E)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Grogan, John
Gunnell, John
Hall, Mike (Weaver Vale)
Hall, Patrick (Bedford)
Hamilton, Fabian (Leeds NE)
Hanson, David
Harman, Rt Hon Ms Harriet
Heal, Mrs Sylvia
Healey, John
Hepburn, Stephen
Heppell, John
Hill, Keith
Hinchliffe, David
Hodge, Ms Margaret
Hope, Phil
Howarth, Alan (Newport E)
Howells, Dr Kim
Hoyle, Lindsay
Hughes, Ms Beverley (Stretford)
Hughes, Kevin (Doncaster N)
Hurst, Alan
Hutton, John
Iddon, Dr Brian
Illsley, Eric
Ingram, Rt Hon Adam
Jackson, Helen (Hillsborough)
Jamieson, David
Jenkins, Brian
Johnson, Alan (Hull W & Hessle)
Johnson, Miss Melanie
(Welwyn Hatfield)
Jones, Rt Hon Barry (Alyn)
Jones, Mrs Fiona (Newark)
Jones, Helen (Warrington N)
Jones, Jon Owen (Cardiff C)
Jones, Dr Lynne (Selly Oak)
Jones, Martyn (Clwyd S)
Jowell, Rt Hon Ms Tessa
Keeble, Ms Sally
Keen, Alan (Feltham & Heston)
Kemp, Fraser
Kennedy, Jane (Wavertree)
Khabra, Piara S
Kidney, David
Kilfoyle, Peter
Kumar, Dr Ashok
Laxton, Bob
Lepper, David
Leslie, Christopher
Levitt, Tom
Lewis, Ivan (Bury S)
Linton, Martin
Lock, David
Love, Andrew
McAvoy, Thomas
McCabe, Steve
McCartney, Rt Hon Ian
(Makerfield)
McDonagh, Siobhain
McFall, John
McIsaac, Shona
Mackinlay, Andrew
Mactaggart, Fiona
McWalter, Tony
McWilliam, John
Maginnis, Ken
Mahon, Mrs Alice
Mallaber, Judy
Marsden, Gordon (Blackpool S)
Marsden, Paul (Shrewsbury)
Marshall-Andrews, Robert
Maxton, John
Meacher, Rt Hon Michael
Meale, Alan
Merron, Gillian
Miller, Andrew
Mitchell, Austin
Moffatt, Laura
Moonie, Dr Lewis
Moran, Ms Margaret
Morgan, Ms Julie (Cardiff N)
Morley, Elliot
Morris, Rt Hon Ms Estelle
(B'ham Yardley)
Morris, Rt Hon Sir John (Aberavon)
Mountford, Kali
Murphy, Denis (Wansbeck)
Murphy, Rt Hon Paul (Torfaen)
Naysmith, Dr Doug
O'Brien, Bill (Normanton)
O'Brien, Mike (N Warks)
O'Hara, Eddie
Olner, Bill
O'Neill, Martin
Organ, Mrs Diana
Pearson, Ian
Pendry, Tom
Pickthall, Colin
Pike, Peter L
Plaskitt, James
Pollard, Kerry
Pond, Chris
Pope, Greg
Pound, Stephen
Prentice, Ms Bridget (Lewisham E)
Prosser, Gwyn
Purchase, Ken
Quin, Rt Hon Ms Joyce
Quinn, Lawrie
Radice, Rt Hon Giles
Rammell, Bill
Rapson, Syd
Reed, Andrew (Loughborough)
Robinson, Peter (Belfast E)
Roche, Mrs Barbara
Rogers, Allan
Rooker, Rt Hon Jeff
Rooney, Terry
Ross, Ernie (Dundee W)
Ross, William (E Lond'y)
Rowlands, Ted
Ruane, Chris
Russell, Ms Christine (Chester)
Ryan, Ms Joan
Salter, Martin
Sawford, Phil
Sedgemore, Brian
Shaw, Jonathan
Shipley, Ms Debra
Short, Rt Hon Clare
Singh, Marsha
Skinner, Dennis
Smith, Rt Hon Andrew (Oxford E)
Smith, Angela (Basildon)
Smith, Miss Geraldine
(Morecambe & Lunesdale)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smith, Llew (Blaenau Gwent)
Smyth, Rev Martin (Belfast S)
Snape, Peter
Southworth, Ms Helen
Squire, Ms Rachel
Starkey, Dr Phyllis
Steinberg, Gerry
Stewart, David (Inverness E)
Stinchcombe, Paul
Stoate, Dr Howard
Strang, Rt Hon Dr Gavin
Straw, Rt Hon Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Gerry
Taylor, Rt Hon Mrs Ann
(Dewsbury)
Taylor, Ms Dari (Stockton S)
Taylor, David (NW Leics)
Taylor, Rt Hon John D (Strangford)
Thomas, Gareth R (Harrow W)
Thompson, William
Timms, Stephen
Tipping, Paddy
Todd, Mark
Touhig, Don
Trickett, Jon
Turner, Dennis (Wolverh'ton SE)
Turner, Dr Desmond (Kemptown)
Turner, Neil (Wigan)
Twigg, Stephen (Enfield)
Tynan, Bill
Ward, Ms Claire
Watts, David
White, Brian
Williams, Rt Hon Alan
(Swansea W)
Williams, Alan W (E Carmarthen)
Williams, Mrs Betty (Conwy)
Winnick, David
Winterton, Ms Rosie (Doncaster C)
Wood, Mike
Woolas, Phil
Worthington, Tony
Wright, Anthony D (Gt Yarmouth)
Wyatt, Derek
Tellers for the Noes:
Mrs. Anne McGuire and
Mr. Graham Allen.
Question accordingly negatived.
Clause 1
Mr. McNamara: I beg to move amendment No. 122, in page 1, line 7, leave out from "means" to end of line 8 and insert--
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