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Guardian Unlimited Politics | Special Reports | Clarke acts to head off terror revolt:

“Charles Clarke will this morning rush out a ‘clarification’ document on his new anti-terrorism proposals in a last-ditch attempt to head off an embarrassing rebellion in a Commons vote tonight.

The document will cover the role of judges, standards of proof, safeguards in the number of control orders proposed and whether measures short of house arrest would still constitute deprivation of liberty.”

Often this government will offer “Briefing Notes” along with their controversial proposals, the problem is that whilst the act itself gives the government powers to do something, the notes suggest that these powers would only be used under certain circumstances or suggest that there will be safeguards, but the conditions do not appear in the Bill itself, so in fact there are no constraints placed on the act. The “briefing notes” should be considered as no more that sales particulars or government spin.

When the Civil Contingencies Bill was before parliament the government issued a consultation document “clarifying” the ways in which the powers would be used and suggesting that there would be a “Triple Lock” on the use of the powers.

The House of Commons Defence Committee report states on this point

“The consultation document claims that before using the emergency powers, Ministers “must be satisfied” that the triple lock criteria are met. But no such requirement appears in the bill and the consultation document does not ask for views on this point”

Powers of this type should only be used when absolutely necessary. There is clearly scope for these powers to be misused. It seems to us that the bill which provides the powers should also provide the necessary safeguards on their use.