Lords defeats plunge terror law into crisis

Joe Murphy Political Editor|Evening Standard

13 April 2012

Tony Blair faced five new crushing defeats in the House of Lords today as his terror clampdown was plunged into disarray.

Peers were set to force through a series of changes, including the Conservative demand for a "sunset clause" which was personally rejected by the Prime Minister.

Although ministers were still claiming they would try to reverse the defeats, the sheer scale of opposition left Labour MPs saying they would have to back down.

The new blows come after the Prime Minister's mentor and close friend Lord Irvine led a massive revolt in the Upper House last night. In a bruising rebuff for his former proté§©, the former Lord Chancellor voted against Mr Blair for the first time, leading 20 rebel Labour peers to back an amendment to say control orders must be decided by a judge, not ministers.

Former attorney-general Lord Morris joined the revolt while dozens of Labour peers simply stayed away. Former Metropolitan Police chief Lord Condon, a crossbencher, also backed the key change - undermining the Government's claims that the emergency powers were backed solidly by the police and security services.

Shocked ministers faced a humiliating two-to-one majority and immediately threw in the towel on two further amendments.

The new looming defeats include:

Government to put forward a new Prevention of Terrorism Bill after the election.

Agreeing another Tory proposal for a review by senior privy councillors this summer into how control orders work in practice.
A Liberal Democrat amendment banning the use of evidence obtained by foreign governments using torture.
Forcing the Government to spell out in advance what kind of control orders could be imposed - preventing the Home Secretary from inventing new ones to counter individual threats later.
Amendments setting out more clearly the rules of courts when considering control orders.

Ministers fear the size of the Lords revolt will encourage more Labour MPs to rebel when the Bill goes back to the Commons tomorrow. In the last vote, the Government's majority was slashed to 14.

Home Secretary Charles Clarke wants special powers to impose control orders without trial. These could range from banning terror suspects from using mobile phones to curbing their travel or electronic tagging.

Mr Clarke has already conceded that house arrest - the most severe control order - will be decided by a judge.

Ministers are expected to make a token stand against the Lords later this week, but Mr Blair and Mr Clarke now have to decide whether to accept the changes or abandon the Bill and renew existing counter-terror laws that were branded unlawful by the law lords.