Posts Tagged ‘government’


Government plans ‘seriously concerning’

Plans by the Conservative Government to modify the Ministerial Code are ‘seriously concerning’ according to Rights Watch.

The ministerial code issued in 2010 says;

Overarching duty on Ministers to comply with the law including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life

The plan is to omit from the new code including international law and treaty obligations.  Phillippe Sands QC, a professor of law at University College London described the changes as ‘shocking’.  The government claim that this is merely a matter of simplification.

Why it matters

It matters because of the promise by the Conservatives in their text blockmanifesto to scrap the Human Rights Act and replace it with the British Bill of Rights a draft of which has yet to see the light of day.  Removing the international law will reduce the respect for judgements by international courts such as the European Court in Strasbourg.

Another aspect is that going to war and the use of things like drones are covered by international treaty and the UN Charter and not by UK laws.  Removing the international element therefore leaves ministers free to use this kind of weaponry unfettered.

In 2014, the government – then in coalition – wanted to remove what was termed an ‘ambiguity’ in the rules.  This has now been changed to simplification.

An observer of these events was Paul Jenkins who was a Treasury solicitor and he witnessed the intense irritation felt by the Prime Minister over our need to comply with foreign legal obligations.  This was largely in connection with the arguments over prisoner voting but the prolonged tussle over Abu Qatada was also likely to have been an irritant as well.

In a letter to the Guardian, the former legal adviser to the Foreign and Commonwealth Office Frank Berman QC said ‘it was impossible not to feel a sense of disbelief at what must have been the deliberate suppression of the reference to international law.’

What is troubling about these changes is that they have to be seen in context.  We have restrictions on Freedom of Information; reductions in the ability of people to receive legal aid; court charges; and the threat to the Human Rights Act.  We will soon have the ‘snooper’s charter’ which will enable the security services to eavesdrop communications however they wish.

All these changes add up to an assault on the ability of individuals to hold the executive to account.  Ministers were quick to celebrate the anniversary of Magna Carta when it suited them but now seem keen to reduce freedoms wherever they can.

Sources: The Guardian; Rights Watch; the BBC; Financial Times; Daily Mail

UPDATE

Further responses and condemnation of this change in the code

British Institute of Human Rights warning


Teresa May, Home Secretary

Teresa May, Home Secretary

The government announced its fifth attempt to introduce the snooper’s charter in the Queen’s Speech a few weeks ago.  Called the Investigatory Powers Bill, it looks to be more wide ranging than was previously expected.  Most people seem to be quite relaxed about this.  There few signs of a grass roots campaign taking place and there do not seem to many letters to national papers on the subject.

In conversation people will say things like ‘if they want to listen in to me chatting to a friend they are welcome’ and ‘I’ve got nothing to hide’ is a popular refrain or they accept that it is a price we have to pay for increased surveillance of terrorist threats.  Some do not believe it possible with the millions, nay billions of emails; phone calls; Skype sessions; tweets and so forth, that it would ever be possible for the security services to do this, perhaps not understanding that it is metadata they are after.

There are few who would disagree with the need for our security services to look out for possible terrorist threats or indeed other major crime activities such as people or drug smuggling.  The justification by ministers for the need for increased surveillance has been based on the fear of terrorist activity especially after the terrible outrage on 7/7 almost 10 years ago.

At the heart of the debate is the issue of trust.  We cannot know much of what the security services do for fairly obvious reasons and this means the notion of transparency does not have much relevance.  We want to trust however that the intelligence services do the right thing to protect us.  We want to trust them to be concerned with terrorists and serious crime.  We would like to be reassured that someone is in overall control who is able to ask the relevant questions.  It is here that there is a problem: namely if you ask people ‘do you trust politicians?’ you are likely to receive a dusty answer.  The sweeping powers demanded by ministers and in turn the intelligence agencies, gives them considerably increased powers to pry into our lives.  The powers are sweeping in nature and in effect treat everyone as a suspect.

The report by David Anderson QC published this month is entitled ‘A Question of Trust’ tackles this issue head on.  There have been a succession of scandals over the years which mean trust in politicians and those at the top of our society is extremely low.  The Leveson enquiry revealed an unholy alliance between senior Metropolitan Police officers and sections of the media.  Anderson proposes that oversight shall not be by politicians but by senior judges.  Many would agree with this.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.  UN Declaration of Human Rights

The whole issue of trust emerged on 15 June with the results of the investigatory powers tribunal into

GCHQ

GCHQ

GCHQ.  It emerged that this agency has been covertly monitoring two human rights organisations, one in South Africa and one in Egypt.  The case was brought by Privacy International, Amnesty International, the American Civil Liberties Union and Liberty.  It made ‘no determination’ on whether GCHQ intercepted these latter organisations illegally.  It is left open therefore whether they (we) are being monitored and their messages being intercepted.

So while ministers talk of terrorist threats to gain support for ever widening intrusion, their agencies intercept and monitor journalists, whistleblowers, human rights groups and defence lawyers in what has been termed a ‘scandalous misuse of terrorism legislation’*.  Sir Tim Berners-Lee has observed that ‘the UK has lost the high moral ground and is doing things even the NSA weren’t’.  We need to be extremely concerned at the government’s proposals.

Sources:

Liberty; Amnesty International; The Spectator*; The Guardian