John McDonnell

I apologise to the Committee for having to leave the Chamber earlier to attend a debate in Westminster Hall. It was about Heathrow expansion yet again, and 17,000 of my constituents are threatened with the loss of their homes, so that is why I attended. I have tabled amendments 106 and 107, and they relate to the part of the Bill on interim custody orders. I do not want to get involved in a debate about internment, its implications and the decisions that were taken at that stage. I tabled these amendments because I am anxious about the introduction of forms of retrospective legislation. It sets an extremely dangerous precedent, and it is contrary to article 7 of the European convention on human rights. I want to read the article into the record. It deals with “No punishment without law” and it states: “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.” I find it difficult to understand how clauses 89 and 90 of the Bill comply with article 7. The reason I say that is that, once we start setting precedents like this, they can be used in other legislation and other matters. I refer Members to subsection (4) in clause 89, which is bizarre, to say the least. It states: “This section is to be treated as always having had effect.” We are inventing a historical precedent; we are creating a truth when there is actually an untruth within the legislation itself. We need to guard against retrospective legislation on all occasions. It flies in the face of the ECHR, and I will be interested to know how the Government square that argument and consider that it will not be open to challenge at a later date.