Clarke apology in terror debate

Plans to hold suspects for 90 days could be torn up

The home secretary has admitted he was wrong to tell MPs the attorney general had ruled anti-terror plans would not break human rights laws.

Newspaper reports have suggested Attorney General Lord Goldsmith has concerns about parts of the plans.

Charles Clarke on Wednesday told MPs the top law officer was happy the proposals were in line with human rights laws.

But he now says that opinion did not come from Lord Goldsmith personally.

Yet to be convinced?

Reports say the attorney general has told Mr Clarke it would be right to allow police to detain terror suspects for up to 90 days, instead of the existing 14 days.

Lord Goldsmith reportedly wrote to Mr Clarke in his capacity as a Cabinet minister commenting on policy rather than as a legal opinion.

His spokesman told The Times newspaper: "He believes the case is there for longer than 14 days but is not convinced he has seen a case for 90 days."

The spokesman said that did not mean Lord Goldsmith would not support 90 days in future but had yet to see evidence to support such a move.

Satisfied?

The controversial detention plan is opposed by many MPs and ministers have moved to delay a vote on the issue.

As the idea was debated on Wednesday, the home secretary told MPs Lord Goldsmith was "completely satisfied" the plans matched the UK's human rights obligations.

But on Thursday, Mr Clarke said: "I should clarify that the clear legal advice I received as to the bill's ECHR compliance... did not come from the attorney personally."

He also apologised for breaking a long-standing convention by disclosing the content of law officers' advice.

Conservative ex-Chancellor Ken Clarke, who originally raised the issue, said: "We now no longer know what the attorney general's opinion is despite the press speculation there has been that he is deeply disturbed."

Lord Goldsmith's advice proved controversial over the Iraq war and was eventually published after parts of it were leaked to the media.

Liberal Democrat home affairs spokesman Mark Oaten said Mr Clarke's comments left "the legality of the government's Terrorism Bill under a cloud of uncertainty".

"It is hard to see how the home secretary could have declared the Bill human rights compliant without the endorsement of the attorney general.

"The attorney general's opinion of the legality of extending detention without charge to 90 days should be made public ahead of cross-party talks this weekend."