EHRC: We will launch legal challenge

Parliament will face a legal challenge if it approves plans to hold terror suspects for 42 days without charges being brought against them, MPs have been told.

In a briefing note to MPs before the second reading of the counterterrorism bill, the Equality and Human Rights Commission (EHRC) warns it will use its "legal powers to challenge the lawfulness of the provisions and to establish clear legal principles on the use of pre-trial detention".

The EHRC warns the government's proposals risk having a disproportionate impact on the Muslim community and could contravene the Race Relations Act.

It argues a "positive and compelling case" must be made for raising the limit to 42 days.

Jacqui Smith's offer of parliamentary scrutiny in individual cases is greeted with scepticism because the degree of information required by MPs would raise constitutional issues.

"We consider that despite being restricted to particular and specific contingencies, the provisions set out by the Home Office are unlikely to meet threshold tests of public interest, justification or fairness," the commission states.