Judges must back police over terror, says watchdog

Lord Carlile, who was appointed by the Government to monitor anti-terror legislation, also attacked 'extremely unwise' proposals by John Reid to opt out of human rights law.

But his strongest criticisms were reserved for the judiciary, which has made a series of rulings weakening the control order regime.

Last week, three more suspected international terrorists on control orders absconded, bringing the total to six.

Lord Carlile said the courts should recognise the police have good reasons for wanting specific limits on the movements of fanatics.

In unusually blunt remarks, the Liberal Democrat peer said: "There is no

stronger evidence needed for more demanding controls, than disappearances.

"In my view, the courts should and will now be driven by recent events to re- examine their approach to the conditions and restrictions forming part of control orders."

He added: "Once the accuracy of the designation of a controlee as a terrorist suspect has been verified by the court, as a general rule judges should recognise that officials and the police have far more understanding of the restrictions required to effect a control order and should intervene only where the boundaries of proportionality manifestly have been crossed.

"I expect the judges to accept this view."

The three suspects who went on the run last week are suspected of fleeing to Iraq, where they could attack British troops.

In the wake of the fiasco, outgoing

Home Secretary Mr Reid suggested Britain may set aside, or "derogate", some of its obligations under the European Convention on Human Rights.

By declaring Britain in a state of "emergency", the authorities would be able to impose draconian control orders without the fear of being overruled by the courts, Mr Reid suggested.

But in a speech to the Royal United Services Institute, Lord Carlile said this would be "extremely unwise" and "unnecessary".

Lord Carlile repeated his opinion that "intercept" evidence such as telephone taps and electronic bugging should be made permissible in British courts.

He added that the threat from international terrorism was "if anything increasing" and that existing laws to combat terrorism - which have been widely opposed by human rights campaigners -will be "here to stay for at least a generation".

The peer, a leading criminal barrister, also supported moves to ease the contempt of court laws to allow the media to report more detail while police operations are under way.

Lord Carlile said it was important to allow the public to know more about why terrorism trials were going to take place.

On plans revealed by the Home Office over the weekend to introduce new "stop and question" powers for police, he urged Ministers to reflect on the legislation which already exists.

He added: "Stop and search and stop and question are powers to be used sensitively and sparingly. They run the risk of being seen as racist, discriminatory, arbitrary and even bullying.

"They have the real potential to sour sometimes hard-won improvements in community relations. In my view, stop and search powers are laws of last rather than first resort."