Thursday, May 24, 2012

United Kingdom’s Terrorism Act 2000: A Critical Review




United Kingdom’s Terrorism Act 2000: A Critical Review
By F. H. Fox



          When the UK Parliament passed the Terrorist Act 2000 on July 20,2000[1] it was Intended to update the 1974 Security Act to give police and the military more sweeping legal powers to investigate, apprehend, and if possible prevent terrorists from taking place both on and off British soil. On its surface the legislation appears to be a success. However, with less than three months left until the opening of the London 2012 Summer Olympic Games, increased security measures now affect every British citizen, and every visitor to the United Kingdom. As Home Secretary Theresa May pointed out, “The first duty of government is to protect the public but that duty must never be used as a reason to ride roughshod over our civil liberties.”[2] Consequently, with the 2000 Terrorist Act now twelve years old, it now seems reasonable to review whether it is successful, or if it is overstepping personal liberties and rights.
            One of the best ways to make that determination may be to examine recent news events and court battles concerning the act. For example, when two German men were arrested at the port of Dover in July 2011 just because they possessed information that could be useful to terrorists the question then raised became, when does having information that could be used for terrorism justify being arrested for terrorism?[3]
            Another concern is giving money to charities. It is well known that Muslims frequently give money to Muslim charities, however recent examples, such as the May 2012 raid and arrest of six men and one woman accused of funding overseas terrorism demonstrate the practice may potentially put many people on terrorist watch lists.[4] In another example, this one in February, four people in Southern Wales were also charged with similar offenses. However this time, the charge came from Section 16 of the Terrorist Act 2000, which specifically makes it an offense to possess money to be used for terrorism.[5] However, the issue then becomes proving whether the cash is destined for either terrorist activities or some other cause.
             Another commonplace practice is photography. In this case, taking pictures of police is may be illegal under the Terrorist Act 2000. For example, in 2011, photographs of police were found on taxi driver’s computer hard drive and media storage devices. After questioning, the taxi driver admitted he also posted the pictures on the webpage of a suspected radical group. In the United States, the photographs and postings would probably be protected under the First Amendment of the US Constitution as free speech, but in the UK, the act was considered a minor terrorist act.[6]
            In another case, five men in Luton were arrested “on suspicion of the commission, preparation or instigation of acts of terrorism.” These arrests were not direct terrorism acts, but instead considered part of an intelligence raid. Scotland Yard called the arrests significant and stated the arrests were directly linked to a previous intelligence raid on Sept 2, 2011. Even so, they Scotland Yard stated there was no immediate threat to the United Kingdom.[7] In a similar set of circumstances, just four days earlier, on April 20, 2012, police arrested three men from Birmingham and Small Health at Heathrow Airport for “possessing articles and documents with the intent to use them for terrorist purposes overseas.” In both cases, these two groups of men were held under authority of Section 57 of the Terrorism Act 2000 which states, “A person commits an offense if he possesses an article in circumstances which give rise to a reasonable suspicion that his possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism.”[8] This is potentially problematic for all people because, given the right circumstances, almost anything might be considered terrorist intelligence. Additionally problematic is that the burden of proof is on the individual to prove the articles confiscated were for personal use, not terrorist use.
            In 2003, a major court challenge to the Terrorism Act 2000 occurred after two journalists were stopped and searched by police near an ongoing demonstration. As Penny Quinton, one of the two journalists bringing forth the court challenge, pointed out, “There needs to be a balance between police powers to ensure our safety [and] our rights to a private life.” The European Court of Human rights agreed and concluded that Section 44 of the Terrorist Act 2000, also known as the Stop-and-search section, violated Article 8 of the European Convention on Human Rights because there were not “adequate legal safeguards against abuse.”[9] However the House of Lords disagreed and in 2006, unanimously rejected a civil rights group’s court challenge to the law.  The Lords claimed the search was justified and proportionate “in the light of the threat of terrorism.” Furthermore, Lord Bingham explained it this way:
It is an old and cherished tradition of our country that everyone should be free to go about their business in the streets of the land, confident that they will not be stopped and searched by the police unless suspected of having committed a criminal offense. So jealously is this guarded that it has become a constitutional principle. But it is not an absolute rule. ‘He said the antiterrorist provisions of the 2000 act were among the exceptions to the rule.’[10]

            Corinna Ferguson, of the Liberty Group, called “Stop-and-search,” nothing more than “A sloppy law,” and added it was a mess that Parliament needed to sort out. However Security Minister David Hanson disagreed, saying, “Stop and search under section 44 of the Terrorism Act 2000 is an important tool in a package of measures in the ongoing fight against terrorism.” The Metropolitan police, in a public statement agreed and said the powers were “an important tactic in our counterterrorism strategy.”[11] However even the government’s own independent reviewer of anti-terror legislations, Lord Carlile stated, “Section 44 had been ineffective in combating terrorism, had caused community tensions and was used “arbitrarily and for incorrect purposes.”[12]
If true, then it may explain why the numbers of people being stopped and searched by police under Section 44 of the 2000 Terrorism Act fell by 37% two years in a row, and why the public outcry was so great that the Metropolitan Police Commissioner ordered stop-and-searches to be scaled back. According to the BBC, police face most of their criticism from London’s ethnic minorities. According to the Home Office, between April and June 2009, only 0.6% of all searches resulted in any arrest under Section 44. However people stopped and searched for bona fide reasons listed under other legislation resulted in 11% of the people being arrested. Even so, even the Metropolitan’s head of counterterrorism, Assistant Commissioner John Yates agreed that, “This power is seen as controversial and has the potential to have a negative impact, particularly on minority communities.”[13] By Oct 13,2011, there was a 91% drop in the use of “Stop-and-search” powers.[14] While Stop-and-search may be the most controversial section, another section may be nearly as controversial.
            Under the Terrorism Act 2000, any group can be considered an outlaw group if it, “unlawfully glorify the commission or preparation of acts of terrorism.” While that sounds reasonable enough on the surface, Islam4UK spokesperson Anjem Choudary disagreed in a BBC 4 radio interview and stated, “What the people will see is if you don’t agree with the government and you want to expose their foreign policy, then freedom quickly dissipates and turns into dictatorship.” He claimed his own group was purely ideological and got into trouble with the government because it attempted to honor Muslims killed in the Afghan conflict. However Shadow home secretary Chris Grayling had a different view and stated, “We cannot permit any group which propagates the views of banned international preachers of hate and organizes hate-filled public protests to operate in Britain.” Furthermore, Not all Muslim groups disagreed with the government. The spokesman Shahid Mursaleen for the Muslim campaign group Minhaj-ul-Quaran UK stated, “We support the ban on the extremist groups but suggest banning extremist individuals too as they will appear again with a different name. The Muslim Council of Britain member Inayat Bunglawala feared the banned groups would somehow try to present themselves as the government victims.[15]
            One last area of concern for critics is Schedule 7 of the Terrorism Act 2000 which, according to one Home Office spokesman, “enables an examining officer to stop, search and examine a person at a port or in a border area to determine whether they are someone who is or has been concerned in the commission, preparation or instigation of acts of terrorism. The exercise of powers by the police is an operational matter for each force.” However, Mike Childs, Friends of the Earth’s head of climate claimed he had been stopped at the border at the Folkestone terminal of the Channel tunnel while trying to travel to Copenhagen to protest on climate change. When he pointed out to the officer that antiterrorist legislations did not apply to environmentalist activists, the officer replied that terrorism “could mean a lot of things.” Kitchen believed officials knew Child’s name and intentionally targeted him for harassment and claimed, “The use of ant-terrorist legislation like this is another example of political policing, of the government harassing and intimidating people practicing their hard earned democratic rights.”[16]
            While it has been shown the UK’s Terrorist Act 2000 has been controversial, the next question is, has it worked? Home Office statistics revealed in 2009 show of 1,471 terror suspects detained between September 2001 and April 2008, there were only 521 terrorism arrests with just 102 were convicted of terror offenses. Additionally there were 340 terror related arrests with 94 convicted on the terror related charges. “The Home Office insisted that the proportion of terror charges to arrests was similar to other offenses.” Additionally at the time of this 2009 report, there were 125 terrorist prisoners in England and Wales. Of those prisoners, 62% were UK nationals and of those, 91% classified themselves as Muslim.
            According to the 2009 report and the Office of the National Coordinator of Terrorist Investigations, once arrested, there were generally three different outcomes: Released without being charged, Charged with a crime, or Alternative actions to include a warning, transfer to immigration authorities, transfer to Northern Ireland police service, or dealing with the offender under mental health legislation.[17]
            The Home Office now provides quarterly reports on its home webpage on the numbers of arrests, outcomes and stops and searches. The last one was updated March 22,2012. In 2011, 153 persons were arrested for terrorism related offenses in the year ending September 30, 2011, but only 59 people had been charged. That is an increase of twenty people arrested, when compared to previous the twelve month cycle. However, since September 11, 2001, a total of 2,050 people had been arrested for terrorism or terrorism related offenses with 740 charged. Of the total arrested since 9-11, 1,105 people were eventually released without being charged with anything. Interestingly enough, “Stop-and-searches,” arguably the most controversial part of the Terrorism Act 2000, fell from a high of 30,083 in July-Sep 2009 to 0 in Jul-Sep 2011 because, “On 8 July 2010 the majority of police forces that regularly authorized the use of s44 ceased using the power to search persons following the Home Secretary’s statement.” Instead, the power to search was transferred to Section 47A of the Terrorism Act 2000. Consequently, in the year ending Sep 30,2010 there were 46,045 searches, but after the Home Secretary’s statement, the total searches dramatically fell the following year to only forty-one. However, of those forty-one searches, there was only one arrest.[18]
            Making a final judgment of whether the Terrorist Act 2000 has worked over the last twelve years can only be done while also considering Secretary Theresa May’s twin concerns of protecting the public while not allowing it to be a reason to ride roughshod over civil liberties.[19] In that respect, the quarterly reports put out by the Home Office seems to indicate its efforts have been largely successful. As Lord Bingham explained, if people want their liberties protected there will always be some cost, and that cost will be allowing police to do their job, even if it means an innocent citizen may be searched as part of an overall counterterrorism measure.[20]
Lastly, the easiest way to judge if the Terrorism Act 2000 has worked over the last twelve years is to look for instances and evidence of any major terrorist attacks occurring in the UK since July 20, 2000. With the absence of any evidence to the contrary, it seems the Terrorism Act 2000 is indeed a success. Even so, the successes of the past twelve years is no guarantee that no terror attack will not succeed in the near future, now that the London 2012 Olympic Games are less than three months away. Consequently, the Home Office is continuing to adjust to new types of terrorist plots and attacks including and developing new techniques while maintaining historically effective methods in their efforts to keep the UK safe from the threat posed by terrorism.[21]


Bibliography:
Primary Documents:

National Archives, Terrorism Act 2000: 2000 c.11, Table of Contents, London, UK,
            http://www.legislation.gov.uk

Home Office Statical Bulletin Quarterly update to September 2011: Great Britain, 22 March             2012, HOSB 04/12, “Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stops and searches”

Home Office Webpage, “Counter-terrorism,” http://www.homeoffice.gov.uk/counter-terrorism/


Newspapers:

BBC News, “Rules on stop and search changed,” July 8, 2010,
            http://www.bbc.co.uk/news/10555430

BBC News, “Two Germans arrested at Dover charged with terrorism,” 26 July 2011,

BBC News, “Seven arrested over terror funding,” May 1, 2012 

BBC News, Four arrests in south Wales over terror fund allegations,”

BBC News, “Photographs of PSNI officers ‘found on hard drives,’ Jan 24, 2012,

BBC News, “Five men arrested in Luton anti-terror raid,” April 24, 2012,

BBC News, “Stop-and-search powers ruled illegal by European court,” updated Jan 12, 2010,             http://news.bbc.co.uk/2/hi/uk_news/8453878.stm

BBC News, “Terrorism stop and search ‘valid,’” March 8, 2006,

BBC News, “Stop-and-search powers ruled illegal by European court, updated Jan 12, 2010,             http://news.bbc.co.uk/2/hi/uk_news/8453878.stm

BBC News, “Anti-terror searches scaled down,” May 7,2009,

BBC News, “91% decrease in use of terrorism stop-and-search powers, Oct 13, 2011,

BBC News, “Islam4uk Islamist group banned under terror laws,” Jan 12, 2010,

BBC News, “Terror arrest conviction rate 13%, May 13,2009, http://news.bbc.co.uk/2/hi/uk_news/8047477.stm

The Telegraph, “Terrorism Act used to stop climate change activist from traveling, May 9,2012,             London, UK,


[1]National Archives, Terrorism Act 2000: 2000 c.11, Table of Contents, London, UK, http://www.legislation.gov.uk
[2]BBC News, “Rules on stop and search changed,”  July 8, 2010,http://www.bbc.co.uk/news/10555430
[3]BBC News, “Two Germans arrested at Dover charged with terrorism,” 26 July 2011, http://www.bbc.co.uk/news/uk-14301696
[4]BBC News, “Seven arrested over terror funding,” May 1, 2012, http://www.bbc.co.uk/news/uk-17907635
[5]BBC News, Four arrests in south Wales over terror fund allegations,” http://www.bbc.co.uk/news/uk-wales-16961533
[6]BBC News, “Photographs of PSNI officers ‘found on hard drives,’ Jan 24, 2012, http://www.bbc.co.uk/news/uk-northern-ireland-16702340
[7]BBC News, “Five men arrested in Luton anti-terror raid,” April 24, 2012, http://www.bbc.co.uk/news/uk-17825583
[8]National Archives, Terrorism Act 2000: 2000 c.11, Table of Contents, London, UK, http://www.legislation.gov.uk
[9]BBC News, “Stop-and-search powers ruled illegal by European court,” updated Jan 12, 2010, http://news.bbc.co.uk/2/hi/uk_news/8453878.stm
[10]BBC News, “Terrorism stop and search ‘valid,’” March 8, 2006, http://news.bbc.co.uk/2/hi/uk_news/4786456.stm
[11]BBC News, “Stop-and-search powers ruled illegal by European court, updated Jan 12, 2010, http://news.bbc.co.uk/2/hi/uk_news/8453878.stm
[12]BBC News, “Rules on stop and search changed,”  July 8, 2010,http://www.bbc.co.uk/news/10555430
[13]BBC News, “Anti-terror searches scaled down,” May 7,2009, http://news.bbc.co.uk/2/hi/uk_news/england/london/8038070.stm
[14]BBC News, “91% decrease in use of terrorism stop-and-search powers, Oct 13, 2011, http://www.bbc.co.uk/news/uk-15290176
[15]BBC News, “Islam4uk Islamist group banned under terror laws,” Jan 12, 2010, http://news.bbc.co.uk/2/hi/uk_news/8453560.stm
[16]The Telegraph, “Terrorism Act used to stop climate change activist from traveling, May 9,2012, http://www.telegraph.co.uk/news/uknews/6329005/Terrorism-Act-used-to-stop-climate-change-activist-travelling.html
[17]BBC News, “Terror arrest conviction rate 13%, May 13,2009, http://news.bbc.co.uk/2/hi/uk_news/8047477.stm
[18]Home Office Statistical Bulletin Quarterly update to September 2011: Great Britain, 22 March 2012, HOSB 04/12, “Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stops and searches” http://www.homeoffice.gov.uk/publications/science-research-statistics/research-statistics/counter-terrorism-statistics/hosb0412/hosb0412?view=Binary
[19]BBC News, “Rules on stop and search changed,” July 8, 2010,http://www.bbc.co.uk/news/10555430
[20]BBC News, “Terrorism stop and search ‘valid,’” March 8, 2006, http://news.bbc.co.uk/2/hi/uk_news/4786456.stm
[21]Home Office Webpage, “Counter-terrorism,” http://www.homeoffice.gov.uk/counter-terrorism/

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