Interesting argument and response by QC
This presumably could be extended to arguing Insurance policies are void
where loss is subject to this definition of terrorism exclusions. (I'd
believe it would be a brave company who argued an exclusion in this context
with its policyholders).
If the term 'terrorism' is not well defined then technically some
unqualified risks may exist for Insureds.
Would it be prudent to check your insurance policy cover now and query
before the fire? Well it is Friday
David Wyatt
----- Original Message -----
From: "Pounder Chris" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 24, 2002 3:02 PM
Subject: [data-protection] Government definition of terrorism applies to
firefighters
A news release on our OUT-LAW website
The story is at
http://www.out-law.com/php/page.php3?page_id=governmentdefinitio1035379780
Text below:
Government definition of terrorism applies to firefighters
24/10/2002
The threat of industrial action has turned the UK's firefighters into
terrorists, as defined in the Government's Terrorism Act. Furthermore, all
the firefighters' phone calls and other communications can be intercepted
and accessed by Tony Blair's Cobra committee under provisions of the
controversial Regulation of Investigatory Powers Act, better known as RIPA.
The Terrorism Act of 2000 defines terrorism as including the use or threat
of action designed to influence the government and made for the purpose of
advancing a political cause. "Action" falls within this definition if it
involves "serious damage to property" or if it "endangers a person's life,
other than that of the person committing the action," or "creates a serious
risk to the health or safety of the public or a section of the public."
Dr Chris Pounder of Masons, the international law firm behind OUT-LAW.COM,
said: "We were so concerned that we approached Leolin Price CBE QC for
advice on one question: "is the firefighters dispute a terrorist action?".
The answer was an unambiguous 'yes'."
Dr Pounder, who is editor of Masons' publication Data Protection and Privacy
Practice, continued:
"It would never occur to most people that the firefighters could possibly be
defined as terrorists - but this is what the legislation says they are. It's
another example of hastily-drafted legal definitions being rushed through
Parliament and resulting in bad law.
"Mr Price also states that there is probably scope for proceedings in court
to force the firefighters' Union, or those in charge of it, to call off the
strike. The advice of Mr Price is that 'The proposition that the strike is
'terrorist' will be one of the grounds for relief' and reasons that, in
theory, a local authority could bring a case, as could an individual who,
for example, travels to work by the Underground and faces increased danger
at King's Cross because fire services will not be available. Perhaps more
likely, an employer faced with staff who refuse to turn up on a strike day
could bring a case; as could the owner of a business which manufactures
dangerous chemicals or other particularly hazardous products who cannot keep
the factory open on strike days due to inadequate cover in case of fire."
RIPA and Cobra
Under RIPA, interception of communications, such as letters, e-mail and
phone calls, can be carried out in the interests of "national security" -
which covers terrorism as defined - and access to the intercepted data can
be justified in the interest of public safety or to protect public health -
again, these interests are jeopardised by the current action.
Dr Pounder commented:
"Whether it is on terrorist grounds or on public safety grounds, the
Government has the ability to intercept communications lawfully in this
industrial dispute."
He concluded:
"Most people support the fight against terrorism - but to enact legislation
which brands firefighters as terrorists and which could subject them to the
weight of state interference which is normally reserved for the mafia or
Al-Qaeda will only serve to undermine public trust in the draconian powers
which the Government has assumed in the fight against terrorism."
The Terrorism Act 2000 is available at:
www.legislation.hmso.gov.uk/acts/acts2000/20000011.htm
RIPA is available at:
www.hmso.gov.uk/acts/acts2000/20000023.htm
Dr. Chris Pounder
Consultant & Editor of Data Protection & Privacy Practice
Information & Technology Group
Masons - International Law Firm
DDI: +44(0)20 7490 6605
Fax: +44(0)20 7490 2545
E-mail:[log in to unmask]
Post-mail: 30 Aylesbury Street, London EC1R 0ER, UK
www.masons.com <http://www.masons.com/>
www.out-law.com <http://www.out-law.com/>
******************** E-mail confidentiality notice ********************
This message is intended for the addressee only. It is private,
confidential and may be covered by legal professional privilege or
other legal or attorney/client privilege. If you have received this
message in error, please notify us and remove it from your system.
If you require assistance, please contact our London office
(telephone +44 (0) 20 7490 4000).
Masons is an international law firm with offices in London, Bristol,
Edinburgh, Glasgow, Leeds, Manchester, Brussels, Dublin, Hong Kong,
Guangzhou and Singapore.
Further information about the firm and a list of partners is
available for inspection at 30 Aylesbury Street, London EC1R OER
or from our Web site at www.masons.com
***********************************************************************
________________________________________________________________________
This e-mail has been scanned for all viruses by Star Internet using
MessageLabs SkyScan services. For more information visit: www.star.net.uk.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________________________________________________
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
