Counter terrorism changes due out

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  • xman
    Admin
    • Sep 2006
    • 24007

    Counter terrorism changes due out

    26 January 2011 Last updated at 03:29 ET The government is set to publish its long-awaited proposed reforms to counter terrorism powers.

    The review is expected to propose replacing control orders with a series of measures to monitor suspects.

    Counter terrorism-related stop and search powers are also likely to be restricted.

    The publication of the review, due on Wednesday, has been repeatedly delayed as coalition ministers have struggled to agree on the changes.

    The current system has been defended by the outgoing independent reviewer of anti-terrorism legislation, who told the BBC control orders had protected the public.

    The Home Office launched the review in July 2010, saying it would be rapid and would be aimed at reconciling counter terrorism powers with civil liberties.

    The parties agreed to scrap the power of police to hold a suspect without charge for 28 days - and the time limit has now reverted to the original 14 days, after ministers decided not to renew the legislation this month.

    There are also expected to be changes to counter terrorism stop and searches, by only permitting their use in narrow and specific circumstances, such as during the 2012 London Olympic Games.

    However, the coalition has struggled to reach a deal on the future of control orders - the controversial powers to restrict the movement of a small number of suspects who the government says cannot be prosecuted or deported where they are foreign nationals.

    Security chiefs say the power is an essential tool in cases where there is intelligence that someone is involved in extremism but has not yet committed a crime, such as someone associating with known plotters.

    The coalition ministers appear to have reached a deal to scrap control orders - but leaks in recent weeks have led critics to say the new system is little more than "control orders lite".

    The new restrictions are expected to include electronic tagging, a ban on overseas travel and visits to specific places or people.

    The current regime of curfews of up to 16 hours is expected to be replaced by a more limited overnight home residency requirement.

    Other control order restrictions expected to be ditched, include the power to move a suspect away from their home town.

    The government is expected to say the changes will strike the right balance between security and liberties by being specific and proportionate to the threat.

    Continue reading the main story The new control order regime may look and sound remarkably like the old control order regime.

    And yet - in presentational terms - there's probably enough for Mr Clegg to sell the policy to his party.

    In particular he will be able to argue the "house arrest" element of control orders under which terror suspects could face curfews of up to 16 hours a day are to go.

    This is crucial as it was this element of control orders which the Lib Dems specifically promised in their manifesto to scrap.

    And yet Lib Dems sources openly concede the new regime will disappoint some of their supporters and human rights groups like Liberty.

    The suspicion is that in government Mr Clegg has had access to security briefings which have made him much more cautious about dismantling the control order regime.

    In short, he and other Lib Dems are having to come to terms with the difference between opposition and government.


    It is unclear whether the package will be approved by Lord Macdonald QC, the former director of public prosecutions, who has been overseeing the government's review.

    Former Labour security minister Lord West said he was pleased the government was, in effect, keeping control orders.

    He told BBC Radio 4's Today programme: "I'm very pleased that the coalition are not actually getting rid of control orders. The fundamentals of having to keep a very close eye on people are still there.

    "It's a bit of a porky-pie if the coalition say 'We have got rid of control orders'."

    But he added he had "real concerns" about the level of resources for police to keep tabs on suspects,

    Lord Carlile, who is stepping down as the government's independent reviewer of anti-terrorism legislation, defended the use of control orders.

    "It's art not science. You know, when we started this period of counter-terrorism law following 9/11 there were bound to be mistakes, it's reasonable to make mistakes," he said.

    "But control orders have protected the public and the courts have found that they are proportionate.

    "Every person who is subject to a control order at the moment has been found by a judge to rightly suspected of being a terrorist."

    Cerie Bullivant, who was under a control order from 2006 to 2008 until it was quashed by a High Court judge, welcomed the relaxation of some measures, such as curfews and that controllees will no longer have to move away from their home-town.

    However, he said further changes were needed.

    "I work with a charity that works with the families of people affected by control orders and these things were destroying them.

    "However as long as we still maintain secret evidence and secret courts we're still feeding into the future radicalisation of young people within our own communities.

    "We're still going to alienate our own communities."

    Writing in the London Evening Standard ahead of the review's publication, shadow home secretary Yvette Cooper indicated the opposition could support measures that it believed were in the national interest rather than coalition politics.

    "This review should be a chance for the home secretary to lead a serious debate and build a new consensus," she said.

    "We must update policies and powers in response to ever-changing threats, looking too at new risks, prevention of radicalisation, handling intelligence and the framework of accountability."





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