Gordon Brown remains committed to extending the pre-charge detention period for terror suspects, Downing Street has insisted.

Gordon Brown remains committed to extending the pre-charge detention period for terror suspects, Downing Street has insisted.

Amid claims that ministers have given up hope of getting the controversial legislation through the House of Lords, the Prime Minister's spokesman said his position had not changed.

The legislation was narrowly passed by the Commons in June but now faces severe opposition in the Lords before getting onto the statute book.

Mr Brown's spokesman refused to "get into hypotheticals" about whether the Government would use the Parliament Act to override the Lords.

But he said: "The Prime Minister is clear that pushing ahead with the 42 days legislation is the right thing to do, given that the House of Commons has expressed its will."

He added: "The Government's view is that this is the right thing to do and we will continue to make our case in the House of Lords."

Rebel Labour MP David Winnick urged the premier today to give up on 42 days in the interests of the country and the party.

"It would be very wise for the Government to accept that the Lords will reject it, not just the first time but on future occasions," he said.

"At this particular time it seems unfortunate to say the least to have such a divisive measure in the Commons to drag Labour MPs through again.

"The last thing we need is for the Parliamentary Labour Party to be divided at this moment and at a time when there is no necessity to do so."

The 42-day measure was deemed "muddled" and "ill-advised" in a report by the cross-party Lords Constitution Select Committee which said it could undermine the independence of judges and lead to the collapse of trials.

And last week Europe's human rights watchdog, the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), expressed "considerable concern".

It said that, even if it goes through, it should be obligatory to transfer terrorist suspects from police detention to prison if they are being held longer than 14 days.

Andy Hayman, the former Scotland Yard assistant commissioner in charge of anti-terrorism operations, renewed his criticism today.

He told The Times that, unlike many critics, he remained convinced that the time limit did need to be raised from the present 28 days and that it should be done now not in response to a crisis.

But the Government proposals were "not fit for purpose: they are bureaucratic, convoluted and unworkable", he warned.

"The draftsman's pen has introduced so many hoops to be jumped through that a police case for detaining a terror suspect will become part of the political game."