The Clipboard: QC for detainees quits over terror law

From an article¹:

A leading QC plans to resign from the panel of barristers representing terrorist suspects held without trial today, saying last night he expected others to follow suit in protest against a law he called "an odious blot on our legal landscape".

"I would be surprised if I was the only one," said Ian Macdonald QC, one of the special advocates given security clearance to represent detainees before the special immigration appeals commission (SIAC).

He made clear it was not just the law lords' judgment last Thursday that detention with out trial was unlawful which had prompted his resignation, but the fact the government used the special advocate's role as justification for arguing that detainees were accorded civil rights.

If enough other advocates follow suit and other barristers refuse to take their places, the process under which the government has attempted to give foreign terror suspects some limited rights to challenge their detention in court could grind to a halt.

The emergency powers to detain suspects indefinitely without trial were left in tatters when the law lords ruled that they breached the European convention on human rights. Mr Macdonald, who represented the interests of five detainees, said he had become an advocate when SIAC was purely an immigration court dealing with cases that involved national security. (link)

Bravo, Ian Macdonald!

---

Complete text of the article, QC for detainees quits over terror law, by Clare Dyer

A leading QC plans to resign from the panel of barristers representing terrorist suspects held without trial today, saying last night he expected others to follow suit in protest against a law he called "an odious blot on our legal landscape".

"I would be surprised if I was the only one," said Ian Macdonald QC, one of the special advocates given security clearance to represent detainees before the special immigration appeals commission (SIAC).

He made clear it was not just the law lords' judgment last Thursday that detention with out trial was unlawful which had prompted his resignation, but the fact the government used the special advocate's role as justification for arguing that detainees were accorded civil rights.

If enough other advocates follow suit and other barristers refuse to take their places, the process under which the government has attempted to give foreign terror suspects some limited rights to challenge their detention in court could grind to a halt.

The emergency powers to detain suspects indefinitely without trial were left in tatters when the law lords ruled that they breached the European convention on human rights. Mr Macdonald, who represented the interests of five detainees, said he had become an advocate when SIAC was purely an immigration court dealing with cases that involved national security.

After the 9/11 attacks on the US, when the government took emergency powers to imprison on suspicion, it became "an internment court", he said. He wondered whether to resign at the time, but decided he might "make a difference". But, "I was increasingly uncomfortable at my position in there, and after the government's reaction to the judgment, I decided it was time to go." He would have resigned even if the law lords had not ruled against the government.

"It's something I've been thinking about for some time. The House of Lords' judgment was so very clear about the need to defend the rule of law and I felt that our role is legitimising something I don't think can be legitimised." One reason for his resignation was he strongly hoped the government would discontinue the SIAC for foreign terrorist suspects.

He agreed with Lord Nicholls, one of the law lords, that "detention without trial is anathema to the rule of law". He added: "You lock people up indefinitely, and that's such a dangerous inroad into part of the cultural tradition of the UK. It goes back to Magna Carta."

Around 19 barristers have been given security clearance to act as advocates. They are appointed by the solicitor general to represent detainees, who also have their own solicitors and counsel.

A Home Office spokeswoman said: "In addition to regular threat assessments, the home secretary regularly meets the director general of the security service; it is [the director general's] advice that informs the home secretary's decision on the continuing public emergency threatening the life of the nation."

reference=http://www.guardian.co.uk/humanrights/story/0,7369,1377450,00.html?gusrc=rss