APPENDIX 11
Memorandum submitted by the Mayor of London
1. The Mayor fully supports the Government's
decision to review existing counter-terrorism legislation and
believes that there may be a case for new legislation or a consolidating
bill in order to reflect current circumstances. The Mayor further
welcomes moves by the Government to build a consensus around any
new legislation. The Mayor supports a number of the proposals
put forward in the Government's recent discussion document, but
has some concerns about other aspects.
2. The London bombings of July 2005 and
the failed attacks of June 2007 served to demonstrate the need
for a range of appropriate and rigorous measures that can be used
to prevent attacks on the innocent and to bring suspects to justice.
However, the Mayor believes that adequate resourcing of police
counter-terrorist activities can do a great deal to protect Londoners,
and stands at least as great a chance of effectiveness as the
introduction of new counter-terrorism legislation.
3. The Mayor believes that it is essential
that a respect for human rights principles and law must underpin
all counter-terrorism legislation. A human rights based approach
is essential if the new measures are to succeed in attracting
the widespread and diverse public support that is so important
to police efforts to prevent further terrorist threats.
4. Promoting community safety requires the
full involvement, trust and co-operation of all our communities.
It is essential therefore that any new anti-terror laws do not
inadvertently serve to alienate sections of society whose support
is integral to our success, and do not risk fuelling prejudice
and intolerance. The emphasis must be on developing effective
engagement with all communities, and developing policies and laws
that not only protect, but also unite rather than divide.
5. There is evidence that a number of the
counter-terrorism measures introduced since 2001 have been viewed
by some Black and other minority ethnic (BME) communities, particularly
the Muslim community, as being targeted disproportionately at
them. There is a risk that the resulting resentment and fear may
lead to an increased reluctance among these communities to provide
vital co-operation and assistance to the police and security services.
In formulating any new legislation, it is essential that the Government
considers carefully the effects of previous measures on community
relations and demonstrates a willingness to listen to the experiences
of different communities.
EXTENSION OF
PERIOD OF
DETENTION
6. The Mayor is not convinced of the need
for a further extension of the period of detention without charge.
7. The Mayor believes that any such extension
could prove to be counter-productive in terms of tackling the
terrorist threat through damage to community relations, the reduction
in support for the police and the high likelihood of innocent
people being deprived of their liberty for an unacceptable period.
Of the 1,126 people arrested under the Terrorism Act 2000 between
September 2001 and the end of 2006, 652 have been released without
charge. If the period of detention were to be extended to 90 days,
these innocent individuals could have been held for the equivalent
of a six month custodial sentence.
8. Lengthy pre-charge detention impacts
significantly on the individuals involved, their families and
their communities, potentially denting public confidence in policing
and the criminal justice system. This would be deeply regrettable
given the progress made in this area in London in recent years.
9. The Mayor recognises the considerable
challenges faced by the police in gathering enough evidence to
bring charges against terrorist suspects. However, the primary
goal must be to levy charges, where appropriate, at the earliest
opportunity. The Mayor believes that a number of the other options
raised in the discussion paper, such as the use of intercept evidence,
post-charge questioning and improved data sharing between services
would prove more effective in securing prosecutions than extended
detention.
STOP AND
QUESTION
10. The Government's discussion document
notes that the introduction of police powers to stop and question,
in line with those in place in Northern Ireland, is currently
the subject of internal government consultation. The experience
in London of the operation of stop and search powers without proper
safeguards and the consequent damage to relations between the
police and BME communities demonstrates the potential dangers
of such sweeping powers.
11. The Mayor does not currently see the
need for the extension of such powers to the police on a blanket
basis. Any proposals would need to be accompanied by a full justification
of the need for such sweeping powers and be subject to the same
level of consensus building and consultation as the other proposals.
USE OF
INTERCEPT EVIDENCE
12. The Mayor is supportive of measures
that make it easier for the police to make use of sensitive evidence,
including intercept evidence, in criminal trials. The Mayor therefore
welcomes the proposal for a Privy Council review and hopes that
this will be set up at the earliest opportunity. Given the increasingly
sophisticated technology used by terrorists to plan and carry
out attacks, it is essential that the police and security forces
have the means to be sophisticated in how they gather and use
evidence.
13. Lifting the ban on admitting intercept
evidence would bring the UK in line with a great number of other
common law jurisdictions and would provide a much needed additional
tool for the police.
POST-CHARGE
QUESTIONING
14. The Mayor is broadly supportive of allowing
post-charge questioning in terrorist-related cases, particularly
if its introduction limits the use of detention without charge.
It would be essential that the use of post-charge questioning
be subject to judicial oversight.
12 July 2007
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