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Lord Carlile: control orders are 'justifiable and proportional'

18 February 2008

In his third annual report on control orders, the independent reviewer of terrorism legislation, Lord Carlile of Berriew QC, says the orders are an 'important tool' to protect the public.

His review studied how control orders were used in 2007, and concluded that the system is working as it should.

Lord Carlile studied all the current control order cases, looking at the same information about each individual that would have been shown to the Home Secretary.

His report said: 'I would have reached the same decision as the Secretary of State in each case' in which a control order was issued.

A 'rigorous and structured' process

The report found that the process is working well, and protecting individual rights while also taking into account public safety. In addition, the decision to issue control orders is taken at the highest level and treated with great seriousness.

When control orders are issued, he wrote, 'the process is rigorous and structured in an appropriate way, so that the decisions are definitely those of the Home Secretary herself, not her officials,' he wrote.

Right to issue control orders is up for renewal

A draft order to renew the powers created by the Prevention of Terrorism Act 2005 - among them the government's right to issue control orders - for a further 12 months was laid before Parliament in January. A debate on the issue is expected later this month.

Home Secretary Jacqui Smith said the government has 'no higher priority' than protecting the public from terrorism.

'The Prevention of Terrorism Act 2005 strikes the right balance between safeguarding society and safeguarding the rights of the individual,' she said. 'Parliament should recognise the importance of control orders and support the legislation's renewal for a further year.' 

She said the government would carefully consider all the recommendations included in Lord Carlile's report.

Learn more

Read Lord Carlile's full report.


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