“The legislative measures which I have outlined will protect and enhance our rights – not diminish them, justice for individuals are reaffirmed and justice for the majority and the security of our nation will be secured.” So David Blunkett told Parliament when he introduced the Anti-Terrorism, Crime and Security Bill, in autumn 2001. The Act allowed the UK to derogate from Article 5(1) of the European Convention on Human Rights and Article 9 of the UN International Covenant on Civil and Political Rights concerning the liberty and security of individuals. Today, the UK is still in the ‘state of emergency’ used to justify these derogations to its international human rights commitments.
“I don’t want anyone to be under the misapprehension that some group of very innocent individuals who just wandered into this country are somehow going to be banged away for life.” Last week, three law lords ruled that the House of Lords should hold a hearing on the legality of the indefinite detention without charge of a dozen foreign nationals.
On the use of Section 44 of the Terrorism Act 2000 to stop and search 995 anti-war protesters at an RAF base earlier this year; “The Terrorism Act 2000 is not being applied in the prevention of protests at RAF Fairford. Powers under this legislation are applied solely for the prevention and investigation of acts of terrorism.” On the use of Section 44 to stop and search protesters outside an arms fair in London this week; “I have asked that the head of the counter-terrorism branch should report back on why it was that they chose to use that particular part of the counter terrorism legislation rather than wider public order legislation.” UK police forces cannot use Section 44 without informing the Secretary of State. The Act in question is intended to target terrorists, not citizens invoking freedom of expression and assembly in a democratic country. Either Blunkett is giving the nod to using terrorism legislation to curb legitimate protesters, or the police are running out of control.
“We could live in a world which is airy fairy, libertarian, where everybody does precisely what they like and we believe the best of everybody and then they destroy us”. Or we could live in a country where the foremost legal experts believe human rights have been fatally undermined by the ‘war on terror’; the Law Society of England and Wales*, Liberty, and Amnesty International. Surely there is a middle ground.
On seeing the Anti-Terrorism, Crime and Security Act through Parliament; ‘I genuinely think that the British people will say, “Well done. Parliament has shown itself in a good light and we are proud of what you have done.”‘
Update
Statewatch reports on use of Section 44 too, noting that while peace protesters were detained under terrorism legislation outside the arms fair in London. Inside, there are cluster bombs a-plenty for sale. Using terrorism provisions police have arrested two protesters for “behaving suspiciously”.
Disclosure; I wrote the chapters on communications data retention and Third Pillar powers.
{ 2 comments }
Sigivald 09.11.03 at 7:13 pm
Just a side note: Are “cluster bombs” somwhow relevant, or are they just the bete noir of the moment? What’s the point in mentioning them?
Maria 09.12.03 at 3:54 pm
Bit of a bete noir for the British public I think – there was a lot of concern there earlier in the year that cluster bombs cause unacceptably high civilian casualties.
I mentioned them because it seemed almost impossibly ironic that outside the exhibition, people protesting for peace were being detained under terrorism legislation, said legislation having been passed also with the aim of saving life. Inside, and protected by the police, were people who make their living by selling weapons the British public find unacceptable.
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