Lords set to debate 42-day limit

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Peers will not vote on the controversial plans until a later date, but former ministers Lord Goldsmith and Lord Falconer are expected to savage them during a debate.

The Counter-Terrorism Bill is to be considered by peers following the Government's narrow victory in the Common last month.

Prime Minister Gordon Brown narrowly averted a humiliating defeat by just nine votes.

The support of the nine Democratic Unionist Party MPs was crucial after 36 Labour backbenchers rebelled.

The debate comes before Thursday's Haltemprice and Howden by-election which was triggered by David Davis's resignation after the vote on 42 days.

Mr Davis, then shadow home secretary, said he wanted to stand for re-election on a civil liberties platform.

But neither Labour nor the Liberal Democrats have entered candidates for the contest.

The 42-day proposal is almost certain to be stripped out of the Counter-Terrorism Bill when the details of the legislation are considered by peers, possibly after the summer recess.

Labour has no majority in the Lords and members such as Lord Falconer, the former Lord Chancellor, and Lord Goldsmith, the former attorney general, have already criticised the move.