Peers warn over detention plan

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The committee said the proposed procedures, giving both Houses of Parliament a vote on whether to allow an extension in the pre-charge time limit beyond 28 days, were "muddled" and "ill-advised".

The Lords Constitution Select Committee said the power, contained in the Counter-Terrorism Bill, "arguably risks undermining the rights of fair trial for the individuals concerned".

Gordon Brown faced the stiffest test of his parliamentary authority in a key vote when the Bill was debated by MPs. His majority was slashed to just nine following a backbench rebellion and he was effectively forced to rely on the votes of the Democratic Unionist Party to get the measure through the Commons.

The Bill will face stiff opposition in the Lords when Parliament returns from the summer recess, and the report will give further ammunition to critics of the proposals.

Under the legislation, MPs and Peers would vote on whether to grant a temporary "reserve power" for the Home Secretary, allowing courts to authorise detention for up to 42 days if there was an operational need.

Although the reserve power order would not be specifically about an individual case, politicians would "have to tread a tightrope" to avoid prejudicing any trial, the peers said. Their report said: "We are unconvinced that the Government have properly thought through this aspect of their proposed scheme."

The committee also said it was concerned that a judge could have to decide whether to extend a suspect's detention within hours of a "highly politically charged debate" in Parliament. The committee's report said: "There is a risk that this will be perceived to undermine the independence of the judiciary."

The Government's desire to increase democratic accountability was understandable, but risked "conflating the roles of Parliament and the judiciary, which would be quite inappropriate".

The peers added: "Far from being a system of checks and balances, this is a recipe for confusion that places on Parliament tasks that it cannot effectively fulfil and arguably risks undermining the rights of fair trial for the individuals concerned."