Clarke: Facing down Lords?

MPs have sent the Prevention of Terrorism Bill back to the Lords for the fourth time in 24 hours.

Parliamentary deliberation over the new terror laws went through the night and looks set to run well into today as peers and MPs dig in for a last stand.

The Commons reconvened this morning to vote on the legislation, having already done so in the early hours.

MPs again rejected demands for a sunset clause putting a time limit on the bill and for a higher standard of proof.

The home secretary accused peers of a "stick in the mud response" to government concessions over the anti-terror law.

Charles Clarke said the government had made "constructive moves" to end the deadlock.

"I contrast the approach of this government and this House to the zero movement from the Conservatives and Liberal Democrats who control the Lords," he told MPs.

Clarke added it was "tragically appropriate" that the government hoped to complete passage of the Bill on the first anniversary of the Madrid bombing.

Earlier he told the BBC: "The Conservatives and Liberal Democrats have simply blocked it. I do think it is a major constitutional issue. The bill is wanted in the country."

Concerns

But shadow attorney general Dominic Grieve told MPs the government's latest amendments were minor tinkerings that failed to address the fundamental concerns.

And he accused ministers of a "complete unwillingness to engage in real dialogue" on finding a consensus on how to tackle the terror threat.

"The government came up with an idea and presented the opposition with a fait accompli and said 'take it or leave it'," he said.

Peers showed no sign of budging as they restored their amendments at around 6.00am to register their opposition to the legislation for a fourth time.

Following a day of chaos, confusion, threat and counter-threat, the House of Lords last night stood firm in opposition to the government's controversial anti-terror legislation.

As a long night of horse-trading played out at Westminster, Lord Falconer of Thoroton told peers that the time for debate was over and urged his colleagues to give way to the elected Commons.

Whips were meeting in the early hours to discuss tactics - which were said to include calling a snap general election in the face of a total deadlock between both Houses of Parliament.

In the Lords, the lord chancellor had a blunt message for rebellious peers.

Give in

"Don't say the Commons has not listened. There must be a decision and until this moment... the decision has been with the Commons," he said.

"I respectfully recommend that we bow to the view of the Commons. I earnestly request members of this House to accept the view of the Commons. Ultimately the decision is theirs and not ours."

But just as behind the scenes negotiations appeared to falter, the House of Lords was standing firm against the elected House of Commons.

Shortly before 11.00pm the House of Lords voted by 182 to 111 for an opposition amendment which would require a higher burden of proof before a suspect could be made the subject of a control order.

Peers later stood by the Tory sunset clause - setting the two chambers on a night of parliamentary ping-pong which threatened to descend into a bitter battle of wills between government and opposition, MPs and peers.

The votes came less than two hours after the home secretary detailed further limited concessions after the House of Lords returned the bill to the Commons in a form not acceptable to ministers.

In a short Commons debate following an early clash of the chambers, Clarke told MPs that instead of the review proposed by the Lords, he would accept a wider independent annual review of the law once it reaches the statute book.

In a series of votes, MPs then backed the government's plans by large margins and sent the legislation back to the Lords for further consideration.

Ministers have insisted they will not give ground on the two key issues of the sunset clause and the level of proof needed to issue control orders.

Terror warning

In heated Commons exchanges, the home secretary told MPs that Tory and Liberal Democrat amendments would "encourage terrorists to locate in Britain".

Clarke told the Conservatives that their policy "neglects the advice of police and security services and means control orders would not be placed on certain individuals who the police and security services consider a threat".

Responding, Grieve accused the government of "petulance" in rejecting compromise offers.

"The government, if it wants this Bill, can have it," he said.

"It can be on the statute book later tonight but a little bit of reasonableness would be very helpful.

"We have been subjected over the last week to vitriol, bullying and now petulance.

"And the petulance that we are now having extends so far that Number 10 appears to be briefing that there will be a general election on this issue unless the Opposition gives way."

He added that the Conservatives would not allow the Bill to pass in its present form.

"The government's refusal in particular to accept the sunset clause highlights in my view that they are untrustworthy on this legislation and the home secretary has done nothing to dispel that trust this evening," Grieve said.