Prevention of Terrorism Bill: Preliminary Report : HLP 61, HCP 389, Session 2004-05

This report aims to identify the main human rights issues arising from the Home Secretary's Statement to the House of Commons on 22 February 2005.

Based on a preliminary consideration of both the Statement and the Bill, the report focuses on broad points of principle, with a more detailed scrutiny of the Bill's provisions to follow later.

Some positive (though qualified) aspects are identified, including the Home Secretary's acceptance that there is no need at present to derogate from article 5 of the European Convention (the right to liberty and security), and the decision to replace the inflexible system of detention without trial.

However, concerns are raised in relation to: the necessity for 'derogating control orders' (which give establish powers of house arrest and other restrictions on an individual's liberty); the lack of prior judicial involvement in imposing such orders; the proposed use of a special advocate procedures in control order procedures; and; the limited judicial control of non-derogating control orders.