Thursday, November 15, 2007 

Great Grauniad articles and yet more on 28/56/58 days.

The Grauniad tends to go in fits and starts. It publishes the barrel-scrapings of Russell Brand, one of the latest wave of comedians that couldn't carry a laugh in a bucket, alongside such titans as Alan Carr and Jimmy Carr (no relation, apart from their inability to be humourous) which are enough to make you want to try and commit suicide using laxatives, then makes up for it by printing two wonderful comment pieces on the same day that follow a similar theme.

Timothy Garton Ash, who can come across as very much the Oxford liberal, but is always brilliantly readable, gets off the fence he often sits on and calls for the rolling back of the surveillance state, while the novelist Hari Kunzru considers the case of the "lyrical terrorist" and wonders if he too could shortly be raided by the police. Rachel also writes a typically lucid piece on how she believes the case for longer than 28-days detention hasn't been made on CiF.

The government can't even make up its mind on the exact time limit; it now appears to be suggesting 58 days, while Lord Carlile, the man picked to review the terror laws, who seems to have gone native after the security services and police have doubtlessly plied him with their most voluminous doom-mongering intelligence on how the sky is dark and we're all going to die believes there will "one or two people" arrested over the next few years for whom longer than 28-days detention will be necessary. His sort of compromise is that there needs to "better judicial scrutiny," which is of little use, as has already been demonstrated. The police can say whatever they like to a judge to justify continuing detention, regardless of the facts, as they seem to have done in the past, having kept two men for 28-days only to then release them without charge. The other latest proposals are that more than 28-days would only be authorised when "multiple plots, or links with multiple countries, or exceptional levels of complexity" are involved." The police already argue that the cases they've had to deal with involved all or one or two of the above; whenever a "new" plot or otherwise is meant to have been foiled, all that would happen would be an instant appeal for the new powers to be implemented, regardless of whether they were really needed or not.

Carlile rightly argues against the use of the Civil Contingencies Act, which can provide another 30-days of detention without charge if invoked, as the equivalent of declaring a national emergency, but both the government's new and old proposals would do exactly the same thing. Putting through legislation that would allow for 56 or 58 days detention without charge would be the final move from a liberal democracy to an authoritarian one. As Timothy Garton Ash argues, we've moved from being the freest society in Europe to being the most watched, and with it, fearful. We may be tolerant, but beneath it we're increasingly anxious, even frightened, especially by the bloodcurdling speeches by the heads of MI5 and the ratcheting up of security which looks increasingly at odds with the actual threat from terrorism that is posed. Blocking and campaigning against any extension to the detention without charge limit ought to be the first move in the fightback.

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