CHAPTER 1:
Executive Summary: The Government's proposals for change
An overview
1.1 The Government has examined the existing framework of the UK's counter-terrorism legislation - essentially the Prevention of Terrorism (Temporary Provisions) Act 1989 (the "PTA") and the Northern Ireland (Emergency Provisions) Act 1996 (the "EPA") as amended by the Northern Ireland (Emergency Provisions) Act 1998 (a summary of these provisions is at Annex A), along with Lord Lloyd's report of 1996 on the strengths and weaknesses of, and the future need for, such legislation. It has also considered the existing, and potential future, terrorist threat (see Chapter 2). It has concluded that there is a need to modernise and streamline the existing legislation, which will involve dispensing with some of the existing powers, retaining some as they are and strengthening others, in order to maximise the appropriateness and effectiveness of the UK's response to all forms of terrorism.
1.2 Although the current counter-terrorist legislation was designed initially to deal with the threat from Irish terrorism, much of it has been extended so that it now applies equally to international terrorism. As chapter 2 sets out, the Government believes there is a continuing need for specific powers to combat the threat from all kinds of terrorist groups both to this country and its interests, and to other countries. In response to this threat the Government proposes to repeal the PTA and the EPA and to replace them both with one piece of permanent legislation which will apply throughout the United Kingdom and to all forms of terrorism, including new forms of terrorism which may develop in the future. The proposed legislation would cover the whole of the United Kingdom. Special provisions would be necessary in some cases to reflect Scotland's separate criminal justice legislation.
Temporary powers for Northern Ireland
1.3 Following the Belfast Agreement and its endorsement by the people of Northern Ireland, the Government hopes and expects that the threat of Irish terrorism will diminish to the point where no additional special powers are necessary to combat it. It is the Government's objective progressively to transform the security environment as appropriate, and achieve complete normalisation as part of the implementation of the Agreement as a whole. In such circumstances, the Government's position is that there will be no need for any temporary Northern Ireland specific powers. The Government will wish nearer the time, to make a judgement as to whether or not it might be necessary to include in the new counter-terrorism legislation a number of temporary provisions which would be specific to Northern Ireland.
1.4 The options are discussed in Chapter 13. The Government will decide, at the time, whether any, and if so which, provisions will need to be enacted depending on the circumstances on the ground. If, as the Government hopes and expects, the scenario is one in which the threat of terrorism has diminished to the point where no additional powers are necessary, then none will be introduced. However, against a worst case scenario of renewed widespread and sustained terrorist activity, it is likely the Government would decide to introduce, at least initially, the full range of temporary provisions discussed in Chapter 13. In that event, the provisions would be removed as and when they were subsequently deemed not to be necessary; as a first step the provisions might (individually) be lapsed (that is, kept on the statute book but not used). If enacted, the temporary provisions would be subject to annual independent review and to Parliament's annual approval to their remaining in force.
Definition of terrorism
1.5 Chapter 3 concludes that the current definition of terrorism is too restrictive. It proposes that terrorism should be redefined as "the use of serious violence against persons or property, or the threat to use such violence, to intimidate or coerce a government, the public or any section of the public for political, religious or ideological ends". The term "serious violence" would be defined so as to include "serious disruption" resulting, for example, from attacks on computer installations, electronic data or public utilities. Domestic terrorism (that is, terrorism by indigenous groups prepared to engage in serious violence to further their cause), as well as Irish and international terrorism, would be included. Views are invited on whether the proposed new definition strikes the right balance between being too narrow and too wide. Proscription and consideration of the provisions in the Criminal Justice (Terrorism and Conspiracy) Act 1998
1.6 Chapter 4 discusses the current powers of the Secretary of State to proscribe organisations involved in Irish terrorism. The Government intends to retain these provisions and seeks views on extending them so that proscription - or comparable powers - could also cover domestic and international terrorist groups. The chapter also considers the provisions in the new Criminal Justice (Terrorism and Conspiracy) Act 1998 and invites views on whether incitement provisions should be included in appropriate future legislation.
Exclusion
1.7 Chapter 5 concludes that the (lapsed) powers in current legislation for the Secretary of State to exclude from Great Britain, Northern Ireland or the whole of the United Kingdom, a person concerned in the preparation or instigation of acts of Irish terrorism should be repealed and not replaced. The removal of these provisions would not affect the Government's ability under the Immigration Act 1971 to exclude or deport from the United Kingdom nationals of other states who are thought to be actively involved in ter rorism either in the United Kingdom or overseas, subject to the exemptions which British citizens and certain others enjoy in certain circumstances.
Terrorist finance
1.8 Chapter 6 outlines a number of ways in which the Government believes that the current provisions for controlling terrorist financing should be strengthened, including in relation to international terrorism. It proposes first that the existing offences in sections 9 and 11 of the PTA should be extended so as to cover the raising and laundering of funds in the United Kingdom which are intended to be used in connection with, or in furtherance of, acts of terrorism anywhere abroad. Second, the courts' powers in relation to offences of giving or receiving money for terrorism or laundering terrorist funds should be strengthened so that the courts could order the forfeiture of all money and property found to be a result of criminal activity by the person convicted. Third, the police should be given powers to seize cash which they suspect is being, or is intended to be, used for terrorist purposes pending determination by the courts as to whether the cash should be forfeited. The chapter also refers to proposals set out in the consultation paper "Criminal Assets" (published by the Home Office Working Group on Confiscation), for wider provisions on the confiscation of funds and property derived from, or intended to support, crime.
Power of arrest
1.9 Chapter 7 discusses the pros and cons of retaining a similar power of arrest to the one in section 14(1)(b) of the PTA, ie. a power to arrest without warrant anyone whom the police reasonably suspect of being involved in the preparation, commission or instigation of acts of terrorism. The Government's preliminary view is that such a power should be included in the new legislation; it invites the views of others.
Detention
1.10 Chapter 8 proposes that responsibility for granting extensions of detention should, under the new legislation, be transferred from the Secretary of State to a judicial authority. It explores the arguments for and against reducing from 7 days the maximum period for which a detainee may be held (though in future, this period will be subject to judicial authorisation), and invites views. The chapter goes on to argue that as far as practicable a single regime should be established across the UK for the detention of terrorist suspects and that this should be brought more closely into line with that which applies to suspects who are detained under the Police and Criminal Evidence Act 1984 (PACE).
Powers of stop and search
1.11 Chapter 9 considers the various powers of the police, the Army and others to stop and search pedestrians, vehicles and their occupants. It proposes that (for the most part) the current powers in the PTA should be re-enacted and made applicable throughout the United Kingdom. This would enable some of the powers under the EPA to be repealed. If, nearer the time, it is judged that any need to be retained, they would form part of the temporary section of the new legislation.
Powers of entry, search and seizure
1.12 Chapter 10 examines the provisions in the current legislation which allow the police and others to enter, search and seize property. It proposes that those in the PTA should be retained and extended to apply throughout the United Kingdom. Equivalent provisions in the EPA would be repealed and, again, any remaining EPA powers, if they are needed, would form part of the temporary section of the new legislation.
Port and border controls
1.13 Chapter 11 examines the present controls at ports and borders. It proposes that the current powers in the PTA should for the most part be retained, subject to a new code of practice. It also suggests a number of ways in which the current powers could be improved, including strengthening the powers of the police to obtain access to information and to exchange information with other agencies. It seeks views on whether, if these powers are strengthened, carding should be retained.
Ancillary offences
1.14 Chapter 12 looks at a number of ancillary offences in the PTA and the EPA. The Government proposes that these should form part of the new permanent legislation. It specifically seeks views on whether the section 34 EPA offence of giving or receiving training in the making or use of firearms or explosives should be retained and extended UK-wide and to cover chemical, biological and nuclear materials used as weapons.
Temporary Northern Ireland specific measures
1.15 Chapter 13 describes the options for temporary Northern Ireland specific measures, some or all of which may be required if a threat of Irish terrorism remains and as a consequence the Government is prevented from delivering on its normalisation objectives. The measures might include the Diplock Court arrangements, the Army powers and the more specialised police powers under the EPA, to stop, search, enter and seize material. If any of the police or Army powers described in Chapter 13 are enacted, codes of practice would be drawn up governing the exercise of the powers, and all of the temporary provisions would be subject to annual review and to Parliament's annual agreement to their remaining in force. In addition, individual provisions could be lapsed as appropriate.
Consideration of further measures
1.16 Chapter 14 discusses arguments for and against a number of suggestions for further measures against Irish terrorism put to the Government in the aftermath of the Omagh bombing, and during the drafting of the Criminal Justice (Terrorism and Conspiracy) Bill. It assesses the need for the measures suggested, given the current security climate in Northern Ireland.
|
