Some of you may remember I brought the draft of this up earlier this year.
It has now been formally published. You will not be pleased to discover
that most of the extremely dangerous parts are still included and not many
people are taking much notice. The particularly bad or wierd bits (in my
opinion) are:



1. Definition Section 1 (1)

The Bill reclassifies terrorism from that of violence against people to that
of violence against property, and brings in the definition of a terrorist:
In this Act "terrorism" means the use or threat, for the purpose of
advancing a political, religious or ideological cause, of action which-

(a) involves serious violence against any person or property,

(b) endangers the life of any person, or

(c) creates a serious risk to the health or safety of the public or a
section of the public.

Not only is 'terrorism' redefined as including damage to property for
religous or ideological reasons - acts that are currently adequately dealt
with under teh law against 'criminal damage' (therefore even graffiti
saying 'Down with Tony Blair' for example), but it also is designed to stop
people in this country encouraging people in other countries to commit acts
of terrorism (in the new definition) - if we continue the above example,
encouraging anti-government graffiti in the USA or Pakistan or wherever
will now be an act of 'terrorism'.



2. Proscription Section 3 (3)(a)

An organisation that is to be proscribed needs to be put in a S.I. and put
before BOTH Houses of Parliament.

The present wording: The Secretary of State may by Order-

1.. add an organisation to Schedule 2
This will allow Jack Straw to add who ever he likes to the list, albeit
there is to be an appeals commission, the procedure could see people
prosecuted before such an appeal could be lodged.


3. Stop and Search

The powers to stop and search are extended, and will as they are now be
extensively used, and can even include strip searches (albeit that an
officer can only require the removal of outer clothing in public). This can
be without a warrant, but then requires strip searches to be carried out by
a person of the same sex (Section 41 (3))

But under Schedule 5 searching premises a Constable can strip search so
long as it is not in public anyone even someone of the opposite sex, failure
to comply has a 3 month prison sentence.


4 Treatment of Arrested Persons

The Bill allows for the refusal to allow a detained person to have legal
representation for up to 48 hours, and to exclude both the Defendant and his
legal representative from applications for an extension of time.

The police may apply to a Chief Magistrate to detain a person beyond the
48 hour period, that person may make oral or written representation, so may
his legal representative. But:

    Schedule 7. Sec 28 (3)
    (3) A judicial authority may exclude any of the following persons from
any part of the hearing-
    (a) the person to whom the application relates;
    (b) anyone representing him.

This cannot be justified in any shape or form, to exclude a person from
any hearing is contrary to the basic concept of human rights, which we might
expect in certain dictatorships, but has no place in a democracy (as if we
lived in one). It will most certainly be challenged in the European Court of
Human Rights at some stage or another, with a fair chance of it being
declared unlawful.


5. Armed Forces

In Schedule 9, a member of the armed forces will have the right to search
houses, buildings and people, including strip searches (with the potential
of squadies strip searching women, without warrant), if they reasonably
suspect someone of terrorist activities (as defined above).

This is one of the worst and least publicised parts of the Bill,
effectively extending permenant emergency armed forces powers to the whole
of the UK and permanently. This is a form of martial law, pure and simple.
The squadie is also not expected to have to give a reason on the grounds
that his or her legal knowledge is not high. So, the government proposes to
give extended legal powers to armed people who don't even know the law...
great.


6. Disclosure of Information Sections 36 and 37 and Schedule 5

The offence is about reasonably suspecting, which is far short of
actually knowing, and would include anyone, your work colleques, family,
friends and those that you might do business with such as your bank manager,
but excludes your legal advisor when he receives information in privileged
circumstances


7. Tents

A premises also includes a tent or movable structure Sec 116. Why they
need to put this provision in anti terrorist legislation is strange to say
the least, that is unless it is intended to be used against activists
engaged in direct action occupation of development sites !


8. Not liable in Law

    There is to be a code of practice that officers must follow (this
applies to: (a) a constable, b) a customs officer, and (c) an immigration
officer.), but such officers will NOT be liable to criminal or civil
proceedings. Sec 98 (6)-
'The failure by an officer to observe a provision of a code shall not of
itself make him liable to criminal or civil proceedings.'

But the fact that there is a Code will be admissible in Court as evidence,
that is, it does not matter a toss what they get up to they are above the
law, with a convenient code to hide behind. Similar provision is contained
in 98 (7) for the armed forces.


What do other critical geographers think about this? Personally, I would be
particularly interested in views from countries other than the UK - what
does this legislation mean in terms of contemporary capitalism, and how
does it compare to other countries?

I would also encourage everyone to object in any way they can to this Bill
(perhaps by doing things that will be 'terrorism' under the proposed law -
writing their objections on walls of government buildings for example...
although obviously this suggestion is intended for entertainment purposes
only and does not contitute a suggestion that anybody should actually
commit criminal damage... ok, Special Branch?)


Season's Greetings!

David.








____________________________________________________________________

David Wood
PhD Research Student ('Intelligence Sites in Rural North Yorkshire')
Centre for Rural Economy
Department of Agricultural Economics and Food Marketing
University of Newcastle upon Tyne
NE1 7RU

0191 222 5305

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