UK verdict may jeopardise Blair's terror policies

British Prime Minister Tony Blair's security strategy, a central plank in his re-election bid, looked in trouble yesterday after a landmark legal ruling against a vital part of his anti-terror policy.

The fate of 11 foreign terror suspects held indefinitely without trial under draconian measures brought in after September 11 was also unclear after Britain's top court ruled the powers breached international law.

"All of the government's terror legislation will come under greater scrutiny now," said Justin Fisher, head of politics at Britain's Brunel University. "It will force security a little bit on to the back burner - at least in the next six months before the election."

Britain's Law Lords ruled in favour of an appeal by nine of the 11 men held under an emergency anti-terror law rushed through in the wake of the 2001 attacks on the United States, saying it was discriminatory and excessive.

The law allows police to indefinitely detain foreigners suspected by Britain of involvement in terrorism, but crucially does not apply to British nationals.

The Lords' verdict is not binding on Britain but puts the onus on Parliament to amend the law so it conforms to the European Convention on Human Rights.

Home Secretary Charles Clarke said there was no question the detainees, some held for as long as three years in what rights' activists describe as "Britain's Guantanamo Bay", would be freed before the law was reviewed in the New Year.

"We will be studying the judgment carefully to see whether it is possible to modify our legislation to address the concerns raised by the House of Lords," he said.

Mr Clarke was responding on his first full day as home secretary after taking over from hardliner David Blunkett, who had directed Britain's tough anti-terrorism agenda.

Mr Blunkett's resignation after weeks of lurid stories about his affair with a married woman, added to Mr Blair's woes over security policy.

The verdict leaves the government with a difficult choice.

Releasing the inmates, who include Syrian cleric Abu Qatada - accused of being the spiritual inspiration for the main September 11 attacker - would provide ammunition for Mr Blair's opponents.

However, amending the law to encompass British nationals would vex civil rights groups.

The other option of formally charging the men could prove too complicated. Much of the evidence against them - including intelligence allegedly obtained by the United States using torture at the Guantanamo Bay prison camp - would be inadmissable in a British court.

Human rights campaigners said the government had no option but to free the detainees.

"If Parliament passes a new law to keep these detainees in prison, then it will be aiding terrorism," human rights lawyer Louise Christian said.

Shami Chakrabarti, director of Liberty, added: "By acting as judge, jury and jailer, the government has flouted the very values it claims to defend. It must now act honourably and charge or release all those currently held without delay".

Analysts said the verdict was a serious blow to Mr Blair's security strategy - a major part of his bid for a third term at a general election expected next year.

Mr Blair's government is planning a raft of new security measures should it win the next election, including introducing identity cards and further beefing up existing anti-terror laws.

"This is a very major setback for the government strategy on these matters," said politics professor Wyn Grant.

"Blair's analysis is that other parties of the centre-left in Europe have been outflanked on the right on security issues and therefore he has always been very anxious to prevent that happening in the UK."