Government defiant over 42-day plan

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The House of Lords is expected to reject the controversial extension by an overwhelming margin when it votes later on Monday.

And former shadow home secretary David Davis - who resigned as an MP to highlight the threat to civil liberties - said he did not believe Labour backbenchers would support using the Parliament Act to force it through.

"I think it will be dead," he told BBC1's Andrew Marr Show on Sunday. "It was something that was profitable for the Government - they thought by having 42 days and us opposing it they would make us look weak and them look strong.

"That was when 70% (of the public) supported it, now it's about 30% supporting the Government."

He continued: "Their own party probably won't support them in the Parliament Act, so I think it's probably over."

Labour backbencher David Winnick also warned that Prime Minister Gordon Brown was risking creating more divisions in his party by "foolishly" pushing ahead with the plan.

Mr Winnick, a leader of the Commons rebellion that was dramatically defeated by just nine votes in June, said: "It would be far better for the Government to accept the inevitable as far as the Lords is concerned and not force a very heavy defeat."

However, the Home Office insisted it was determined to give police the "powers they need to tackle terrorism".

"It is not true that the Counter Terrorism Bill is to be dropped," a spokesman said. "The Government is determined to give the police the powers they need to tackle terrorism."