Letter to Rt Hon Alan Johnson MP, Secretary
of State, Home Office, from the Equality and Human Rights Commission
I am writing to you regarding the Government's
proposals to introduce body scanning equipment at airports in
response to the recent terrorist attack, as announced by you in
the House recently.
Can I say at the outset that the Equality and
Human Rights Commission recognises the significant threat posed
by terrorist activities, in particular in relation to air transport,
and the need for the government to take urgent and effective steps
to protect the travelling public. We are sure that the Government
shares the Commission's view that counter terrorism policies must
be justifiable, non discriminatory, fully respect human rights,
and work to enhance, not damage community relations.
The Commission has a formal statutory remit
to promote and protect human rights in Britain, to work towards
the elimination of discrimination, and to promote good relations
between groups. We note that concerns have been raised, both in
the House and elsewhere, not least by yourself, at the impact
of these measures, in particular in relation to privacy rights
and discrimination.
In relation to the potential impact of these
measures on privacy rights, the Commission is concerned that these
proposals are likely to have a negative impact on individuals'
rights to privacy, especially members of particular groups including
disabled people, transgendered people, children, women and religious
groups. Under the Human Rights Act, any infringement of the right
to privacy must be justified, necessary and proportionate. We
welcome that you acknowledged these concerns in your statement
to the House and have made some commitments as to how the Government
will seek to ensure that these proposals meet them. We would welcome
further details from you as to what measures will be put in place
and how you will evidence that implementation is compliant with
the right to privacy.
In your statement to the House, you also raised
the issue of profiling. In the absence of evidence that we have
seen, we remain to be convinced that the proposals are an effective
response to the current threat, and are therefore justifiable.
We have serious concerns that the practice of
profiling is, in its operation, likely to be discriminatory, contrary
to domestic legislation and international standards, and harmful
to community relations. We note that you recognise these concerns
and the need for further careful consideration of these issues.
We consider that the Government should proceed with the utmost
caution in relation to any policy of profiling and fully evaluate
whether implementation of such policies can be carried out in
a way that does not amount to unlawful discrimination. We are
not convinced that if the proposals are implemented profiling
can occur in a way that will not amount to unlawful discrimination
and following the House of Lords decision in R (European Roma
Rights Centre) v Immigration Officer at Prague Airport [2005]
we are of the view that there is a real risk that such policy
of profiling would not amount to a lawful, or proportionate response
to the current threat.
15 January 2010
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