Britain could seek a derogation from the European convention on grounds of national security, though this would be a profoundly unpopular option.
But Mr Clarke hopes they will pass: if necessary, he says, he will seek a new derogation from the clause in the European Convention on Human Rights that guarantees a right to liberty.
"If it is to speed up the pace of change, then the process of passing a law for positive discrimination would itself be lengthy, requiring us to seek a derogation from the EU with no guarantee of success".
It was not enough that they had spent years in detention without charge or trial; the US authorities wanted to prove that this derogation from the Magna Carta was justified because they were very dangerous people.
No penalty for offenders was provided, and there was no derogation from the commander's powers during his tenure; nevertheless, the step was a landmark in the recognition of imperial responsibility, and it was also to have important effects on Roman politics.
Nor would they require derogation from the European convention.But the new orders, including house arrest, would be used only where a suspected terrorist could not be prosecuted either because the evidence against him was not admissible in court, or because it might reveal intelligence sources or surveillance techniques.
In order to qualify, the firm must not only negotiate a valid enterprise agreement with a bona fide union, but also show 'compelling reasons' why it should need derogation from the sector standard.
However, this is not enough as safeguarding measure, as the European Court of Justice (ECJ) held in 2008: "A general derogation from the application of the directive in respect of published information would largely deprive the directive of its effect.
