Smith terror detention plans rapped

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Labour and Conservative members of the Commons' Home Affairs Select Committee indicated to Home Secretary Jacqui Smith that she would face a tough time getting the law changes through Parliament.

Tory member James Clappison told Ms Smith, who was giving evidence to a special session of the committee, that latest proposals for a 42 day limit were "misleading".

And Labour rebel David Winnick, who played a crucial role in the Government's previous defeat on the issue, warned the Home Secretary there were "battles to come".

Measures published by Ms Smith last week said the Commons and the Lords will have to approve an extension from 28 days to 42 days. They will have to vote on the move within 30 days of the Home Secretary signing authorisation for the police.

However, the way the system is proposed to work could mean suspects being held for 42 days even if Parliament eventually refuses permission.

Mr Clappison said: "I would suggest that it is a flawed process. It's misleading to describe it as a safeguard." Ms Smith replied: "You can suggest it to me, and I would disagree with you."

Indicating that Parliament's vote may take place after the 42 day point, Mr Winnick said: "It is a cosmetic exercise, Home Secretary."

Ms Smith replied: "If you believe the voice of Parliament has a cosmetic effect on the executive, then I would disagree with you.

"I believe it is a strong measure of Parliamentary pressure and an important safeguard that any home secretary making a decision will need to be aware that they will come under extremely close scrutiny both within the 30 days and subsequently."