Hazel Blears replied to my MP after I wrote a letter stating my concerns about the government trying to claim the power to remove liberty without due process. My MP forwarded my concerns to the home office.
Coincidental that this should occur today... the letter from Hazel Blears is undated, but it was forwarded to me yesterday.
Hazel Blears, as expected, put out the usual government spin, and my MP did nothing that couldn't have been done by a post office forwarding system. I still don't know where the man stands.
Thank you for your letter dated 1 February 2005 on behalf of XXXXXX of YYYYY about the Home Secretary's control orders proposals.
The ATCS Act 2001 introduced exceptional powers to counter the risks posed by terrorist activities. Part 4 of the Act is an immigration power which enables the Home Secretary to certify and detain foreign nationals who are suspected of involvement in international terrorism and who are believed to present a risk to our national security but cannot, at present, be removed from the United Kingdom. They cannot currently be removed, as a result of either practical considerations or the United Kingdom's international obligations, such as those under the European Court of Human Rights. However, the detainees are free to leave this country voluntarily at any time, as two have already chosen to do.
Whilst Article 5(1) (f) of the ECHR permits the detention of a person against whom action is being taken with a view to deportation, UK caselaw is clear - a person can only be detained if there is a reasonable prospect of their removal within a reasonable time. In the Part 4 cases, where there is a barrier to removal, we would therefore be prevented from detaining these individuals, pending their ultimate removal, without a derogation from the ECHR.
This is why a derogation was sought from Article 5 of the ECHR in relation to the part 4 powers. The detainees challenged the legality of the derogation. On Thursday 16 December 2004 the House of Lords allowed the appeal in the case of A and others V the Secretary of State for Home Department.' The Law Lords ruled that the powers in Part 4 section 23 of the Anti-Terrorism Crime and Security Act 2001 were incompatible with Articles 5 and 14 of the ECHR in so far as they are disproportionate, and permit detention of suspected international terrorists in a way that discriminates on the grounds of nationality or immigration status.
This appeal was about the compatibility of domestic law with ECHR and it is ultimately for Parliament to decide whether and how the law should be amended. There is no legal obligation to release the detainees as a result of this judgment.
The part 4 powers have been used sparingly, a total of 16 people have been certified and detained under the part 4 powers. One other person has been certified but detained under other powers. Of these 10 people remain in detention. One individual appeal against certification was upheld, two certificates have been revoked by the Home Secretary and one detainee has been bailed under strict bail conditions.
There are extensive legal safeguards, including an individual right of appeal against certification to the Special Immigration Appeals Commission (SIAC). SIAC is a superior court of record chaired by a high court judge. SIAC also conducts statutory reviews and those detained can also apply to SIAC for bail at any time.
As the Home Secretary announced in his statement on 26 January, we are seeking to develop alternatives to the part 4 powers. We are continuing with the work on deportation with assurances for foreign nationals who we can and should deport. We are also planning to introduce control orders, which would enable a range of preventative measures to be placed on a suspected terrorist irrespective of nationality, where we can neither prosecute nor deport. These will be preventative measures designed to disrupt and restrict an individual's activities where intelligence assessments indicate involvement in terrorism.
These orders will:
- be capable of general application to any suspected terrorist irrespective of nationality and, for most of the controls, the nature of terrorist activity.
- consist of a range of provisions from a ban on the use of communications equipment to restrictions to premises in very serious cases
- allow for a criminal sanction for a breach of any order imposed include independent judicial scrutiny of each case involving the hearing of evidence in both open and closed session, both against the imposition of an order and any subsequent variations of the provisions. There will also be regular reviews of extant orders.
As the Home Secretary said in his statement on the 26th January "A careful balance has to be struck between the rights of an individual and the protection of society against threats from organisations which seek to destroy". We believe that these powers will address this balance in a proportionate and effective manner.
It is ultimately for Parliament to decide whether and how we should amend the law. The Governments intention is to introduce a bill to give effect to control orders as soon as is practicable. It may be possible to enact the bill in a time scale that makes renewal of the part 4 powers unnecessary. Should that not be possible the Government will seek to renew the Part 4 powers for a limited time to enable the new powers to be put in place.
The Home Secretary will not be revoking the certificates of the current detainees between now and when the new powers are in place unless the threat they pose changes and they no longer meet the criteria for certification.
Andy Hamilton on the news quiz: 'What a topsy turvey world we live in when our best hope of opposing draconian laws is Michael Howard'. and 'Am I alone in having an extreme dislike for ... Hazel Blears'. The consensus was 'no'. The news quiz is available for download from saturday afternoon and will be available for a week.
Kofi Annan made a Keynote address to the Closing Plenary of the International Summit on Democracy, Terrorism and Security in Madrid
By the same token, the United Nations must continue to insist that, in the fight against terrorism, we cannot compromise the core values I have listed. In particular, human rights and the rule of law must always be respected. As I see it, terrorism is in itself a direct attack on human rights and the rule of law. If we sacrifice them in our response, we will be handing victory to the terrorists.
Quite so, Kofi.