In a recent debate in the House of Commons on the Terrorism Bill, Malcolm Bruce MP said:
"I do not for a minute want to give people who are detained on suspicion of being terrorists the comfort of claiming that they are political prisoners. I want us to be able to say that they have been put through a process and determined by an independent judicial system to be subject to the orders on the basis of evidence, with an agreed test of judgment. In that situation, they would not have the right to describe themselves as political prisoners and, more to the point in terms of the integrity of the British state, we would not be subjected to the accusation that we were creating a body of political prisoners. I do not want to be told that I have to investigate the United Kingdom's political prisoners. It is difficult enough doing that in Azerbaijan and Russia, without having to do it at home. I am not being facetious. Questions will be asked if we alone, among the 46 members of the Council of Europe, go down that path and the decision is taken by a Minister subject only to judicial review. We could be accused of creating political prisoners.
"It is in everybody's interest to ensure that the process is robust and strong and protects the integrity of the state, the security of the system and the principles of British justice. As my hon. Friend the Member for Southwark, North and Bermondsey (Simon Hughes) said in his potent intervention, it is amazing that the Home Secretary actually wants the powers on those terms. If judges review cases properly, there will be the maximum capacity for embarrassment to him. Of course, if there are no means for the proper testing of evidence there may be questions as to how the process could apply.
"We need a robust system on which we can agree, which gives us security and control and ensures that we can show that people have been given a proper test and have received proper judgment. That will serve the interests of democracy, about which the hon. Member for Nottingham, North (Mr. Allen) was rightly concerned, and of justice and the security of the state.
"These are difficult issues and the debate demonstrates that we all recognise that, but I urge the Government to acknowledge that in this context, when we have only a short time, the sooner they concede the principle that judges make the decision and the Government make the case, the sooner we can go on to have a real debate about how to test that case, how to put it through the system and ensure that there is genuine support so that we can defeat terrorism and maintain the integrity of British justice. That is surely what we are all trying to achieve."
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