Human Rights and Civil Liberties - presentation - Justice

Human Rights and Civil LibertiesThe Future of Human Rights and Civil Liberties:Do David, Nick and Ed Agree?9 November 2010

Overview‘a full programme ofmeasures to reverse thesubstantial erosion of civilliberties and roll back stateintrusion’

Overview• A ‘Freedom Bill’• ID cards• National Identity Register & ContactPoint• Outlaw fingerprinting of children• Scottish model of DNA retention• Protect trial by jury• Rights to non-violent protest• Review libel laws• Further regulate CCTV• End storage of internet and email records ‘without good reason’• End immigration detention of children

Overview• Urgent review of control orders, ‘as part of a wider review ofcounter-terrorism legislation, measures and programmes’• ‘Seek to find a practical way to allow the use of interceptevidence in court’• ‘Deny funds to’ and ‘proscribe … any group that has recentlyespoused or incited violence or hatred’• Extend the use of ‘guarantees’ against torture from foreigncountries to enable deportation on national security grounds• ‘We will never condone the use of torture’

The Freedom Bill?• Identity Documents Bill• ContactPoint ‘scrapped’• Defamation Bill• Immigration detention of children to be‘minimised’• Retention of communications data

The Freedom Bill?Page 44 of the Strategic Defence Review:‘We will introduce a programme to preserve the abilityof the security, intelligence and law enforcementagencies to obtain communication data and to interceptcommunications within the appropriate legalframework ….We will legislate to put in place thenecessary regulations and safeguards to ensure that ourresponse to this technology challenge is compatiblewith the Government’s approach to informationstorage and civil liberties’.

The Freedom Bill?‘Freedom Bill’ (Jan 2011) and a ‘Repeal Bill’ (2012?):• Scottish model of DNA retention• Dual consent model for schools fingerprintingchildren• Scheme for regulating CCTV• Non-violent protest?• Trial by jury?

‘Rapid’ Review of CT Powers• Control orders and 28 days pre-chargelimit both subject to annual renewal byParliament (March and July 2011)• ‘Rapid review’ announced in July,originally due to report in October• Supervised by Lord Macdonald QC

‘Rapid’ Review of CT Powers• Control orders• 28 days pre-charge detention• Stop and search under s44 Terrorism Act• Diplomatic assurances• Groups which incite hatred or violence• Use of surveillance powers by local authorities• (Terrorist Asset-Freezing Etc Bill)

‘Rapid’ Review of CT Powers• Control orders?• Likely reduction to 14 day limit• Stop and search under s44 already suspended• Diplomatic assurances unlikely to be extended• Incitement of hatred or violence already criminalised• Local authorities already due to lose powers• (Terrorist Asset-Freezing Etc Bill)

Intercept Evidence• Not part of rapid review• Chilcot Report (February 2008)• Implementation report (December 2009)• Natunen v Finland (2009): need for‘robust’ system of judicial oversight

Torture• Inquiry into alleged complicity in torture by UKintelligence services• Sir Peter Gibson, Intelligence ServicesCommissioner since April 2006• Not due to begin until criminal and civilproceedings substantially resolved• Uncertainty re terms of reference andtransparency

TortureThe National Security Strategy, p23‘Protecting our security requires us to work withcountries who do not share our values and standards ofcriminal justice. In working with them to protect ourcountry from terrorist attacks and other threats we donot compromise on our values. We speak out againstabuses and use our own conduct as an example. But wehave to strike a balance between public condemnationof any deviation from our values and the need to protectour security through international cooperation’

The Limits of Repeal• Problems go deeper than repeal of specificprovisions• Need for wholesale reform• Even negative liberties require money toenforce

The Labour Response• Responsible for the HRA and the SupremeCourt, HL Reform• Also responsible for all the incompatiblelegislation of the past 13 years• Challenge of opposing a govt with anambitious programme on civil liberties fromthe political left, without admitting mistakes