Reactions to the government's new plans to tackle terrorism

[Henk Elegeert]

REPLY TO: D66 at nic.surfnet.nl

UK: Reactions to the government's new plans to tackle terrorism:
Deportation plans anger rights groups
(link):
http://www.guardian.co.uk/print/0%2C3858%2C5256497-103685%2C00.html

Who will be deported and who decides?
(link)
http://politics.guardian.co.uk/print/0%2C3858%2C5256517-116499%2C00.html

Gareth Peirce is lawyer who has represented many terror suspects in the
British courts commented on the Prime Minister's statement: "There is
nothing I can say as a lawyer that can adequately react to so terrifying
an announcement.This is a statement of dangerous self-delusion,
deliberately ignoring history, legality, principle and justice."

 =======================================================================
The prime minister's statement on anti-terror measures: full-text

http://www.statewatch.org/news/2005/aug/02pm-terror-statement.htm

"
5 August 2005

"Since July 7 the response of the British people has been unified,
dignified and remarkable. Of course there is anxiety and worry. But the
country knows the purpose of terrorism is to intimidate and it is not
inclined to be intimidated. Of course too there have been isolated and
unacceptable acts of a racial or religious hatred. But they have been
isolated. By and large Britain knows it is a tolerant and good-natured
nation, is rather proud of it and has responded to this terrorism with
tolerance and good nature in a way that has won the admiration of people
and nations the world over.

However, I am acutely aware that alongside these feelings is also a
determination that this very tolerance and good nature should not be
abused by a small, but fanatical minority; and an anger that it has been.

Time and again, over the past few weeks, I have been asked to deal
firmly with those prepared to engage in such extremism; and most
particularly those who incite it or proselytise it. The Muslim community
have been and are our partners in this endeavour. Much of the insistence
on strong action to weed out extremism is coming most vigorously from
Muslims themselves, deeply concerned lest the activities of the
fanatical fringe should contaminate the good reputation of the
mainstream Muslim community in our country.

Such action in the past has been controversial. Each tightening of the
law has met fierce opposition. Regularly we have had defeat in
parliament or the courts. The anti-terrorism legislation, passed in 2002
after September 11 was declared partially invalid. The successor
legislation hotly contested.

But, for obvious reasons, the mood now is different. People do not talk
of "scaremongering". To be fair, the Conservative leadership has
responded with a genuine desire to work together for the good of the
country, as have the Liberal Democrats.

Over the past two weeks, intensive meetings across government have taken
place to set a comprehensive framework for action in dealing with the
terrorist threat in Britain. Today I want to give your our preliminary
assessment of the measures we need urgently to examine.

In the meantime, insofar as administrative measures, not requiring
legislation, can be taken, we will act with immediate effect.

In looking both at the law and administrative measures, we have surveyed
extensively practice in other countries, including in particular other
European countries. To assist this process, there will be a series of
consultation papers over the coming weeks starting with a research paper
that will detail experience in other countries. There will also be a
cross government unit staffed by senior hand-picked officials to drive
this forward under the guidance of Bill Jeffrey, the intelligence and
security coordinator and the cabinet committee on counter terrorism
which I chair. The home secretary with whom I have been talking closely
in the past week, will have the cabinet responsibility for coordinating
this.

Here are the measures either being taken now, immediately, or under
urgent examination.

1. The home secretary today publishes new grounds for deportation and
exclusion. Deportation is a decision taken by the home secretary under
statute. The new grounds will include fostering hatred, advocating
violence to further a person's beliefs or justifying or validating such
violence. These grounds will be subject to a short consultation period
which will finish this month. Even under existing grounds, however, we
are today signalling a new approach to deportation orders. Let no one be
in any doubt. The rules of the game are changing.

These issues will, of course, be tested in the courts. Up to now, the
concern has been that orders for deportation will be struck down as
contrary to article 3 of the ECHR [European convention on human rights],
as interpreted by the European Court in the Chahal case in 1996; and
indeed have had such cases struck down.

However, the circumstances of our national security have now
self-evidently changed and we believe we can get the necessary
assurances from the countries to which we will return the deportees,
against their being subject to torture or ill-treatment contrary to
article 3. We have concluded a Memorandum of Understanding with Jordan
and are close to getting necessary assurances from other relevant
countries. For example, just yesterday, I have had very constructive
conversations with the leaders of Algeria and Lebanon. There are around
10 such countries with whom we are seeking such assurances.

France and Spain, to name just two other European countries, do deport
by administrative decision. The effect is often immediate and in some
cases the appeal is non-suspensive in other words it takes place outside
the country. The assurances given by the receiving nation are adequate
for their courts and these countries are also subject to the ECHR and
apply it directly.

So it is important to test this anew now, in view of the changed
conditions in Britain. Should legal obstacles arise, we will legislate
further, including, if necessary amending the Human Rights Act, in
respect of the interpretation of the ECHR. In any event, we will consult
on legislating specifically for a non-suspensive appeal process in
respect of deportations.

One other point on deportations. Once the new grounds take effect, there
will be a list drawn up of specific extremist websites, bookshops,
centres, networks and particular organisations of concern. Active
engagement with any of these will be a trigger for the home secretary to
consider the deportation of any foreign national.

2. As has been stated already, there will be new anti-terrorism
legislation in the autumn. This will include an offence of condoning or
glorifying terrorism. The sort of remarks made in recent days should be
covered by such laws. But this will also be applied to justifying or
glorifying terrorism anywhere, not just in the UK.

3. Anyone who has participated in terrorism or has anything to do with
it anywhere will automatically be refused asylum.

4. We have already powers to strip citizenship from those individuals
with British or dual nationality who act in a way that is contrary to
the interests of this country. We will now consult on extending these
powers, applying them to naturalised citizens engaged in extremism and
making the procedures simpler and more effective.

5. Cases such as Rashid Ramda wanted for the Paris metro bombing 10
years ago and who is still in the UK whilst France seeks extradition,
are completely unacceptable. We will begin consultation, on setting a
maximum time limit for all future extradition cases involving terrorism.

6. We are already examining a new court procedure which would allow a
pre-trial process. We will also examine whether the necessary procedure
can be brought about to give us a way of meeting the police and security
service request that detention pre-charge of terrorist suspects be
significantly extended.

7. For those who are British nationals and who cannot be deported, we
will extend the use of control orders. Any breach can mean imprisonment.

8. To expand the court capacity necessary to deal with this and other
related issues, the Lord Chancellor will increase the number of special
judges hearing such cases.

9. We will proscribe Hizb-ut-Tahrir and the successor organisation of Al
Muhajiroun. We will also examine the grounds of proscription to widen
them and put proposals forward in the new legislation.

10. It is now necessary, in order to acquire British citizenship, that
people attend a citizenship ceremony, swear allegiance to the country
and have a rudimentary grasp of the English language. We will review the
threshold for this to make sure it is adequate and we will establish,
with the Muslim community, a commission to advise on how, consistent
with people's complete freedom to worship in the way they want, and to
follow their own religion and culture, there is better integration of
those parts of the community presently inadequately integrated. I have
asked Hazel Blears to make this part of the work she is currently
undertaking.

11. We will consult on a new power to order closure of a place of
worship which is used as a centre for fomenting extremism and will
consult with Muslim leaders in respect of those clerics who are not
British citizens, to draw up a list of those not suitable to preach who
will be excluded from Britain.

12. We will bring forward the proposed measures on the security of our
borders, with a series of countries specifically designated for
biometric visas over the next year. Meanwhile, the Home Office and
Foreign and Commonwealth Office are compiling an international database
of those individuals whose activities or views pose a threat to
Britain's security. Anyone on the database will be excluded from entry
with any appeal only taking place outside the country.

We will consult widely on these measures, including the other political
parties of course. This is evidently a heavy agenda to take forward. But
it is necessary. Let me also make it clear. If legislation can be made
ready in time and the right consensus is achieved, we are ready to
recall parliament in September, at least to begin the debate over the
measures.

I want to make it clear, yet again, that this is not in any way whatever
aimed at the decent, law-abiding Muslim community of Britain. We know
this fringe does not truly represent Islam. We know British Muslims in
general abhor the actions of the extremists. We acknowledge, once again,
Muslim contribution to our country and welcome it; welcome those who
visit in peace; welcome those who know that in this country, the respect
and tolerance towards others, which we believe in, is the surest
guarantee of freedom and progress for people of all religious faiths.

But, coming to Britain is not a right. And even when people have come
here, staying here carries with it a duty. That duty is to share and
support the values that sustain the British way of life. Those that
break that duty and try to incite hatred or engage in violence against
our country and its people, have no place here. Over the coming months,
in the courts, in parliament, in debate and engagement with all parts of
our communities, we will work to turn those sentiments into reality.
That is my duty as prime minister."
"

**********
Dit bericht is verzonden via de informele D66 discussielijst (D66 at nic.surfnet.nl).
Aanmelden: stuur een email naar LISTSERV at nic.surfnet.nl met in het tekstveld alleen: SUBSCRIBE D66 uwvoornaam uwachternaam
Afmelden: stuur een email naar LISTSERV at nic.surfnet.nl met in het tekstveld alleen: SIGNOFF D66
Het on-line archief is te vinden op: http://listserv.surfnet.nl/archives/d66.html
**********