David Davis attacks 'smears' over claims of 'his late-night, heart-melting' phone calls to civil rights chief

A furious David Davis accused a Cabinet minister of 'personal smears and lies' last night.

Culture Secretary Andy Burnham had hoped to score political points by referring to Mr Davis's 'late-night, hand-wringing, heart-melting' phone calls to Shami Chakrabarti, director of the civil rights group Liberty.

But his extraordinary remarks in a magazine interview backfired spectacularly as the former Shadow Home Secretary came out all guns blazing.

'While Gordon Brown cowers in Downing Street, his henchmen are out and about to attack me personally rather than engage in rational debate,' said Mr Davis, who resigned his seat in protest at Labour plans for six-week detention without charge.

'Labour has now resorted to personal smears and lies rather than make its case for 42-day detention and for the other illiberal measures it has taken.'

Mr Davis, whose stance has been supported by Miss Chakrabarti, formally quit as an MP yesterday to force a by-election on the issue of ancient freedoms being eroded by Labour.

But the Government confirmed it would not field a candidate against him in Haltemprice and Howden, East Yorkshire.

In an interview with the Left-wing Progress magazine, Mr Burnham attacked those who had been 'seduced' by Mr Davis's liberal credentials.

He said he found something 'very curious in the man who was, and still is, I believe, an exponent of capital punishment having late-night, hand-wringing, heart-melting phone calls with Shami Chakrabarti'.

Westminster was stunned by his remarks and 39-year-old Miss Chakrabarti, who is happily married, was understood to be distraught.

She revealed last week that she had tried to dissuade Mr Davis when he told her of his plan to resign last Wednesday, but insisted it was a ' sincere' move and an attempt to 'put some trust back into politics'.

Mr Davis, 59, also enjoys a happy marriage to Doreen, his wife of 35 years.

David Davis and his wife Doreen Jones, at home in Howden. They have been happily married for 35 years

Tory Culture spokesman Jeremy Hunt said: 'It is very disappointing that when David Davis and others are seeking to have a real debate over the best way to deal with terrorism, a Cabinet minister can only sink to making smutty, below-the-belt suggestions like this.

'If they are so sure Labour is right, why don't they have the courage to put up a candidate and make the argument?'

Mr Burnham's aides rushed to defend his 'jokey' remark.

'It was a lighthearted comment about the former Shadow Home Secretary's political journey  -  by-election political knockabout and nothing else,' said a spokesman.

'Nothing more should be read into it and no offence was intended to Shami Chakrabarti.'

A source close to the Culture Secretary added: 'He was simply drawing attention to the differing politics of David Davis on the one hand and Liberty and Shami Chakrabarti on the other.

'He mentioned phone calls simply because Shami has said she phoned, or he phoned, to talk about what he should do, and she told him not to resign.

'It was expressed in a jokey way. Andy would be aghast at the suggestion that he was implying anything else.'

Liberty said Miss Chakrabarti did not wish to comment.

Labour deputy leader Harriet Harman defended the decision not to field a candidate in the by-election, expected on July 10.

'I think it's right to have a by-election if an MP has died or if they are genuinely standing down,' she said.

'It is absolutely evident that David Davis wants to be the MP for Haltemprice and Howden and so the election is a complete phoney - a stunt which we don't want to give legitimacy to.

'It will cost £80,000 for council taxpayers. If Davis wants to make his case he should do it in Parliament.'

But announcing his resignation on the steps of the Treasury, Mr Davis accused Labour of running away from a debate on its anti-terror legislation.

'There is no doubt in my mind this is the right thing to do,' he said. 'I have never been so sure of a principle in my life.

'We will have the debate, even if Mr Gordon Brown, who is my real opponent in this, stays in hiding in Downing Street.'