The matter was discussed by the House of Commons Standing Committee on 24 and 29 January, and the Government explained its reasons for rejecting Lord Colville's recommendation. Whilst the powers are not currently used, nor indeed their use envisaged, our Ministers believe they should be retained on the statute book as a reserve measure (as is the case in the Republic of Ireland). If detention were ever to be used in the future this proposal could cause us great difficulties. Whilst we can defend an inactive power in theory, if the power was used we might expect a working group or rapporteur to attempt to examine our criteria/reasons for detaining individuals, conditions of-detention, etc, etc.
We also entirely share the Home Office's concerns about detention under the PTA and PACE powers. A working group or rapporteur might challenge these powers. Given our derogation from the European Convention on Human Rights in respect of the PTA, there could be political difficulty for us.
Whilst I see no other option than to proceed as suggested in paragraph 5 of your minute of today we retain strong reservations about the proposal for the reasons outlined
above.
Copies go to recipients of your letter.
MS L FOSTER
اسهال
cti
Suplion Röchent
Security and International Division
AW/SIL/16875