Lords set to inflict crushing defeat on 42-day detention

The Government is heading for a resounding defeat in the House of Lords today over moves to allow terror suspects to be detained without charge for up to 42 days.

Peers of all parties, judges who sit on the non-aligned crossbenches and several bishops are lining up to vote against the controversial extension from 28 days.

Lord Falconer of Thoroton, the former Lord Chancellor, and Lord Goldsmith, the former Attorney-General, are expected to lead the Labour critics of the measure.

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Such is the scale of the opposition that the proposal, which only scraped through the Commons by nine votes in June, could be rejected by a majority of more than 100.

Downing Street insisted the Government remains committed to the measure because of the scale, complexity and international nature of terrorist conspiracies. It confirmed it was determined to put the detention plan to the vote this afternoon on the Counter-Terrorism Bill.

If it is thrown out by a large margin, Ministers would be left with an acute dilemma over whether to bring it back to the Commons. They fear that they could lose a subsequent vote among MPs as several Labour backbenchers have indicated that they only backed the Government reluctantly in the knife-edge vote four months ago.

Speculation is growing that the proposal could be put on ice after defeat today. The Government has refused to be drawn on "hypothetical" questions, but some MPs believe Ministers will eventually decide not to use the Parliament Act to force the measure on to the statute book.

Shami Chakrabarti, the director of Liberty, said: "We've learned about the excesses of markets. Now it's time we woke up to the excesses of governments. If the House of Lords doesn't stand up for the Magna Carta, then it's hard to know what the Magna Carta is for."

The human rights organisation Amnesty International will stage a "mass sleepwalk" in Leeds by protesters wearing dressing gowns and clutching pillows and blankets to coincide with the Lords vote.

Kate Allen, its UK director, said: "There is a real danger people in Britain are sleepwalking into an assault on our human rights. Plans to extend detention without charge should be abandoned once and for all. We don't want them returning under another guise – not next month, not next year."

David Davis, the former shadow Home Secretary, predicted the proposal would be effectively killed off by defeat in the Lords. He told BBC1's Andrew Marr Show: "I think it will be thrown out by a huge majority."

A Home Office spokeswoman said: "We will continue to press for the changes needed to protect the public from terrorism as [the proposal] makes its way through the House of Lords this week. We are not prepared to discuss hypothetical scenarios.

"The Government is determined to give the police the powers they need to tackle terrorism. That is why it is right to legislate to put in place the reserve power to go beyond 28 days if in future there is a clear operational need for it."