Call to judges over control orders

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Lord Carlile of Berriew QC dismissed suggestions that Britain may need to opt out of part of the European Convention on Human Rights to introduce a new type of tougher control order.

In a speech in central London, he said such a move would be "extremely unwise" and "unnecessary".

Following the disappearance of three more suspected international terrorists on control orders last week, bringing the total to six, Lord Carlile called on judges not to intervene when conditions are imposed on the advice of police and security services.

"There is no stronger evidence needed than what has happened recently, for more demanding controls, than disappearances," said Lord Carlile, the Government's independent reviewer of terrorism legislation.

"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."

Last week, Home Secretary John Reid indicated that he would be prepared to consider derogating, or opting out, of international human rights conventions if it proved necessary to introduce tougher forms of control orders.

But Lord Carlile said on Tuesday derogation from even part of the ECHR is barely practicable and probably extremely unwise. "My comment to ministers, is that derogation would lead to extremely difficult parliamentary problems," he said. "It would lead to lengthy and testy litigation, and an unwelcome and scarring clash with the senior judiciary which, on balance, the judiciary would be likely to win. Most important, derogation is actually entirely unnecessary."