EDM 426  BELMARSH JUDGEMENT  20.12.04
 

Mr Kevin McNamara  

That this House welcomes the historic ruling of the House of Lords on 16th December, granting the appeal of nine individuals detained at HMP Belmarsh and elsewhere under Part IV of the Anti-Terrorism, Crime and Security Act 2001; notes that the House of Lords has quashed the derogation under Article 5 of the European Convention on Human Rights; further notes the Declaration of the House of Lords that Part IV of the ATCSA 2001 is incompatible with the ECHR; further notes the resignation of the Special Immigration Appeals Commission special advocate, Ian McDonald QC; recalls the strong reservations on this Part expressed by the Joint Committee on Human Rights of both Houses and of the Privy Councillor Review Committee; further notes the concerns of domestic and international non-governmental organisations; believes that derogation from international human rights obligations is injurious to the standing of Britain in the world and causes profound damage to community relations domestically; further believes that detention without trial represents a breakdown of the rule of law and can only hinder protection of public safety and security; further believes that detainees must be promptly charged and brought before a court of law or released and returned to their families; and urges Her Majesty's Government to bring forward legislative changes to the Act in order to conform to the judgement of the House of Lords and respond to the concerns of the JCHR and Privy Councillor Review Committee.

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