"We are pleased that the court accepts the government's judgment that in the light of September 11 there is a public emergency threatening the UK.

"We are also pleased that the court held that the powers of detention in the Anti-Terrorism, Crime and Security Act are a proportionate and balanced response to that emergency.

Our law has always distinguished between UK citizens and foreign nationals

"The court's finding does not make the detention unlawful, and the individuals will not be released as a result of this judgement.

"We are disappointed that the court has found that these powers discriminate against foreign nationals.

Appeal plans

"Our law has always distinguished between UK citizens and foreign nationals.

Those detained are free to leave the UK voluntarily at any time

"The 1971 Immigration Act for example allows the home secretary to detain an individual, prior to removal, on the grounds that their deportation is conducive to the public good.

"We will be appealing to the Court of Appeal on this issue.

"The Anti-Terrorism, Crime and Security Act responds to the public emergency that the court has accepted we face by providing for the extended detention of non-UK nationals whom we are currently unable to deport - for example, because they could face degrading treatment or death.

'Compelling evidence'

"Those detained are free to leave the UK voluntarily at any time.

"The home secretary has used his powers to detain these individuals on the basis of detailed and compelling evidence.

"This evidence will be considered by the court in the autumn, when the individual cases will be heard, as provided under the Act.

"We believe that the individual appeals would have been heard sooner but for this challenge".