Starmer’s wish to see more facial recognition technology


The prime minister wishes to see more facial recognition technology following riots in Southport and elsewhere

August 2024

Following the terrible murder of three little girls and the wounding of eight others in Southport last week, riots have broken out in various parts of the UK. A mixture of extremists and far right groups have assembled outside mosques and refugee centres to engage in violent acts including attacks on the police. These groups have claimed links to asylum seekers and immigrants to the murders and this has led them to take these violent actions. Several people phoning in the the BBC’s Any Answers programme on Saturday 3 August, made claims linking the murders to boat people even though the young man who has been charged is from Cardiff and is not a boat person.

People have been rightly outraged by the high-jacking of the tragic deaths of the three little girls by large numbers of far right groups many of whom travel to the area with the intention of engaging in violence. There is a natural desire to see these people to be identified, arrested and brought to justice. There is great pressure on the new government to ‘do something’ and the Home Secretary and the Prime Minister have made statements. The latter has called for the greater use of facial recognition technology (FR) in the task of identifying ‘thugs’.

We should be very wary of going down this path. It has echoes of Jeremy Bentham’s idea of a panopticon in the nineteenth century: a prison where prisoners could be watched at all times. It fed into the idea of complete control by governments or their agents as a means of social control.

There are several reasons for being wary of introducing more FR. Although it could be used to locate and arrest those involved in the current mayhem or any future outbreaks, it would introduce into the public realm greater powers for the police and politicians. The last decade has seen a number of laws enacted to prevent or seriously limit protests and demonstrations. Britain has had a history of such protests and they have led to improvements in the role of women in society, better housing, an end to slavery and a range of social improvements and rights for ordinary people. This technology would however, give police considerably enhanced powers to clamp down on protests. We may deplore the sometimes extreme actions of the climate protestors, but without such protests, the government would be unlikely to take action of climate change.

To tackle the violence and riots in other words, we would be giving the government enhanced powers over other forms of legitimate protest. There is also the vexed issue of control. The various scandals we have seen in recent years including the Post Office, the biggest one of all, have shown an inability by the vast range of controls, audits, select committees, etc. etc. to exert any kind of realistic control over these organisations. They achieve lives of their own and seem impervious to moral principles or honest dealings. Do we really want to give them yet more technology?

Another objection is that it would give yet more power to the tech giants over our lives. A feature of the riots is how easy it has been for rioters to assemble by using such media as X and Telegram. These are American firms and are more of less completely outside anyone’s control. It was Elon Musk who decided to allow Tommy Robinson back onto X for example. So we have politicians and journalists making speeches, statements and writing opinion pieces, when it was the decision by one man on the other side of the pond which has provided a key weapon for the far right groups. Although Sir Keir is making noises about the tech giants, will the government actually do anything?

Finally, it sees the solution to these problems in technological terms: we have problem, lets install some more kit and problem solved. The issues are much deeper than simply arresting some thugs. Poverty, low wages, poor housing, inflation and a host of other issues have led to groups of people feeling left behind or ignored by the politicians and to an extent the media.

We should think very carefully before giving politicians yet more power to intrude into our lives. Even though it may mean some of the rioters escaping justice. China has this system installed offering the government almost complete control over its citizens. They have 700 million such cameras used widely as a means to monitor its citizens and to repress minorities. Perhaps we should remember the Chinese proverb ‘a journey of a thousand miles begins with just a single step’. Our liberties are fragile and we should be extremely cautious of giving government’s powers to limit them further. It has the power to be the biggest threat to human rights and civil liberties in the UK.

Significance of the new Labour Party leader


Appointment of Sir Keir Starmer is an encouraging development for human rights

In previous posts, we have noted the campaign by some members of the Conservative government and  some parts of the press, against the Human Rights Act and the desire to abolish it.  The election of Sir Keir Starmer as opposition leader is an encouraging development therefore.

Sir Keir Starmer, the new Leader of the Opposition is, famously, a barrister.  He was also, famously, the Director of Public Prosecutions, a man who decided what charges should be brought and against whom. So what should we expect from a party led by someone deeply involved in human rights questions at a time when rights are under enormous pressure, not just globally but also in this country?

Once the coronavirus episode is over and normal(ish) political business returns, one of the first matters to be considered will be the increased power the government has accrued during the emergency, and what to do about it in the future.  The Labour Party has supported the emergency powers for the next 6 months, but will clearly need to review this at an early opportunity. Starmer has not expressed a view as yet, but we know that much of his previous work has been in defence of persons threatened by an overweening state.

Starmer’s career was built on work in the human rights and civil liberties field, notably in cases like the McLibel affair (environmentalists sued by McDonald’s over claims made in a factsheet) and East African and Caribbean death penalty cases.  He was named as QC of the Year in the field of human rights and public law in 2007 by the Chambers & Partners directory and in 2005 he won the Bar Council’s Sydney Elland Goldsmith award for his outstanding contribution to pro bono work in challenging the death penalty throughout the Caribbean and also in Uganda, Kenya and Malawi.  From 2003 to 2008, Starmer was the human rights adviser to the Policing Board in Northern Ireland.

Now we have (more or less) left the EU, extremists within the government may well want to detach us from the European Convention on Human Rights (nothing to do with the EU, remember), as well as rescinding the Human Rights Act.  Starmer has publicly defended the ECHR in debate (see The Lawyer 15/9/15).  In his Blackstone Lecture of 2015, he refuted the arguments against the existing HRA in considerable detail.  He has also written text books on the HRA, so is fully versed in the minutiae.

Martin Kettle has noted the change in outlook on human rights within the legal profession following the Act (see Prospect Magazine Feb 2020), and Starmer’s position at the forefront of this change.  With a liberal judiciary under pressure at the moment, his support may be important in the coming period.  Starmer will face attacks from left and right, but will be used to that.

It is notable that the Daily Mail is already leading the charge against the new man, tarring Starmer as a defender of IRA bombers (but then the Mail’s grasp of what lawyers actually do has always been rather tenuous).  The tabloid press are, of course, hostile to Starmer anyway since his decision as DPP to prosecute them over phone-hacking.

From the left, he has been criticised for – during his time as DPP – not pursuing the prosecution of the police officers accused of killing Jean Charles de Menezes and Ian Tomlinson (although in the latter case, he changed his mind in 2011 when new evidence came to light).  Also, he announced that MI5 and MI6 agents would not face charges of torture and extraordinary rendition during the Iraq War, concluding that there was insufficient evidence to prosecute, as James A Smith has pointed out in the Indy (9/1/20).

Sir Keir has given a clue as to his approach by appointing as his chief legal colleague on the front bench, David Lammy, while Lisa Nandy will be at foreign affairs, both of them with good records on human rights issues.  Lammy has been leading in parliament on the Windrush scandal, while Nandy has been strongly supportive of making businesses report on the human rights impacts of their operations.

 

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