42 day deal

It seems that the government, in order to secure their ‘terror plans’, has 'bought’ the DUP in order to push through their plans for 42 days pre-charge detention. All nine DUP MP’s supported the government plans, with the government winning by nine votes.

So what is in it for the DUP and what does the 42 day pre-charge (with amendments) mean?

The DUP

The DUP’s chief whip released a statement after the vote. This said that all their MP’s voted with their conscience. However he also said “In future elections we must seek to further strengthen the hand of the Democratic Unionist Party to maximise the influence of Northern Ireland in Westminster.” Even before the vote was taken, rumors spread that a deal were in place in order to persuade the DUP MP’s. So what was in these deals? Although it is impossible to say exactly what was in the deal, any negotiation needs to begin with each side having clear objectives. The governments are clear, support the 42 day proposals.

As for the DUP in their 2007 manifesto pledged a Solution for Water Charges (at page 38). The system at present consists of newly introduced water charges, rating system (related to the price of the property in 2005) and an increase in rates, has meant, according to the DUP and a campaign group, that some people are paying twice and even three times for their water. The solution, the treasury will relax charges, equivalent to £200 million.
In Northern Ireland abortion remains illegal except in certain specific circumstances. The DUP, as a religious party, does not want the 24 week upper limit (Human Embryology and Fertility Bill) applied to Northern Ireland. As such it wants to be exempt from any law which would impose this.
Furthermore to strengthen Northern Irelands budget, a deal to give them proceeds from the sale of Army bases in Northern Ireland, could result in a £1 billion windfall.

These issues are all important to Northern Ireland, and most need to be debated and solutions implemented, but not on the back of any deal to take away fundamental liberties.

As a write this Gordon Brown, in his press conference the morning after the vote, has emphatically stated that no deal was done with the DUP or any MP.
Although none of these plans has been made public, the PM is visiting Northern Ireland on Monday. Let’s see if a deal is done then. I am sure if these proposals are implemented the PM will say they were already in the pipeline and the deal was in place before the vote.

42 day pre-charge

The House of Lords will have the opportunity to look at these proposals and it is likely that the government will again face a tough time. It is probable that they will be defeated or amended in this setting.

The pre charge detention essentially means that a person can have their liberty (that is there freedom) removed for up to 42 day before they are told exactly why they are being held.

Under current proposals if a suspect is held beyond the current 28 days the home secretary will make a statement to parliament explaining why. A debate will then be held and votes taken. Any discussion will have to restrict itself from jeopardising any future trial. If the court feels their has been an unfair prejudice to the defendants case, the individual may be set free as no fair trial can take place. Imagine the uproar in the tabloids if this is the case!

This is just one of the ammendments, I will obviously return to this issue when the House of Lords has had their say.

Nearly 800 years ago, on the 15th June 1215, the barons wrestled some power from King John, forcing him to sign the Magna Carta. Some elements of which are still in force, including the writ of Habeas Corpus which states;

“No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.”

Lets hope the Counter-Terrorism Bill does not repel this fundamental British right.