By Steve Bargeton, political editor

SCOTTISH MINISTERS have not been consulted over controversial plans to allow police to hold terror suspects without charge for up to 90 days.

Tonight MPs vote on the new detention powers which are opposed by many Labour backbenchers. But despite the fact that the new powers, which are strongly supported by Scottish police chiefs, would apply to Scotland, Scottish Ministers’ views have not been sought.

Home Secretary Charles Clarke has confirmed that the Lord Advocate Colin Boyd has expressed no view on the matter.

In a letter to Dundee East MP Stewart Hosie, Mr Clarke said, “I can confirm that the Lord Advocate has not been asked for, or expressed any view on the proposed extension of the maximum period of detention without charge.”

The Home Secretary said that Mr Boyd does take the view that it would be “inappropriate” to have different powers and detention of terror suspects north and south of the border.

Mr Clarke said that his officials and their Scottish counterparts have been in discussion over the summer on technical aspects of the proposed legislation.

Last night Mr Hosie said, “It is quite outrageous that the views of the Lord Advocate should not have been sought by the Government over the highly controversial issue of 90 days’ detention before a suspect is charged.

Mr Hosie said, “Given the serious question as to whether this would breach our international treaty obligations or fall foul of Scots law, the Government have made an error in not seeking the advice of the Lord Advocate

“In their rush to push through this ill-considered proposal the Government have completely ignored the separate and different legal system in Scotland.

“The Home Secretary must now consult the Lord Advocate over this Bill and publish his opinion in full.”

Liberal Democrat home affairs spokesman Alistair Carmichael said failure to consult the Lord Advocate was “an unprecedented and unwarranted snub” to Scotland’s senior law officer.

“Why is it that Charles Clarke appears to value the views of English prosecutors but does not feel it necessary to take the views of the Procurator Fiscal Service in Scotland into account?” he asked.

“I suspect the Lord Advocate was not asked because the Home Office might not have liked the answer they would get.

“There is already doubt about the views of the Attorney General.”

A Scottish Executive spokesman said, “Matters of national security, including counter terrorism, are reserved. As such this issue is also a reserved matter and the responsibility of Westminster.

“However, in line with normal procedures for any UK Government proposals which might impact on Scots Law, Executive officials and the Crown Office were consulted by UK officials about their proposals and have provided technical advice on the application of reserved policy to Scots law. Those discussions have been ongoing since the summer.

“This would also be the case in any future proposals.”