The stuff of nightmares

The day after David Blunkett resigned as Home Secretary, the House of Lords full panel ruled on the case of terrorists suspects detained without trial under the anti-terrorism crime and security act. It's pretty strong stuff and no doubt Mr Blunkett would have responded by labelling the law lords "woolly liberals" (like Charles Clarke on the opponents of ID cards yesterday) or "out of touch" or some such pejorative nonsense.

Lord Scott:

"Indefinite imprisonment in consequence of a denunciation on grounds that are not disclosed and made by a person whose identity cannot be disclosed is the stuff of nightmares, associated whether accurately or inaccurately with France before and during the Revolution, with Soviet Russia in the Stalinist era and now associated, as a result of section 23 of the 2001 Act, with the United Kingdom."

Lord Hoffman:

"The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these. That is the true measure of what terrorism may achieve. It is for Parliament to decide whether to give the terrorists such a victory."

Legal judgements from the highest court in the land don't come any stronger than this. The technical outcome is that the legislation allowing detention without trial, under the anti-terrorism legislation was declared to be in conflict with the Human Rights Act. Unlike the US supreme court, though, the law lords can't strike down the legislation as unconstitutional. New Home Secretary, Charles Clarke, will have to look again at the conflict and figure out, with his officials, how to resolve it.