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Lord Carlile report: Control orders are "justifiable and proportional"
In his third annual report on control orders, the independent reviewer of terrorism legislation, Lord Carlile of Berriew Q.C. said:
"I remain of the view that, as a last resort (only), the control order system as operated currently in its non-derogating form is a justifiable and proportional safety valve for the proper protection of civil society."
Lord Carlile's report on the Prevention of Terrorism Act 2005 analyses the operation of the control order system in 2007 and concludes that he "would have reached the same decision as the Secretary of State in each case in which a control order has been made, so far as the actual making of the order is concerned".
A draft Order to renew the powers in the 2005 Act for a further 12 months was laid on 30 January 2008. The renewal of this Act - and with it, the control order system - is due to be debated in the House of Commons on 21 February and in the House of Lords on 25 February 2008.
Commenting on Lord Carlile's report, Home Secretary Jacqui Smith said:
"The Government has no higher priority than protecting the public from terrorism. Control orders remain an important tool to deal with suspected terrorists who cannot be prosecuted or deported.
"The Prevention of Terrorism Act 2005 strikes the right balance between safeguarding society and safeguarding the rights of the individual. Last October's House of Lords judgments on control orders upheld the control orders regime. As such, Parliament should recognise the importance of control orders and support the legislation's renewal for a further year.
"I am grateful to Lord Carlile for his detailed report."
Lord Carlile makes a range of recommendations in his report, which the Government will consider carefully.
NOTES TO EDITORS
1. Lord Carlile's report on the operation in 2007 of the Prevention of Terrorism Act 2005 is available on the Home Office website: http://security.homeoffice.gov.uk/legislation/independent-review-legislation/?version=7
2. Lord Carlile of Berriew Q.C. was appointed in 2001 as the independent reviewer of terrorism legislation.
