The Battle of Wills by John Paul Dowling

A BATTLE OF WILLS P E O P L E V S PA R L I A M E N T

Jono Lewarne

A BATTLE OF WILLS P E O P L E V S PA R L I A M E N T

Copyright ÂŠ 2010 Jono Lewarne All rights reserved. No part of this book may be reproduced in any form or by any means without permission. Text set in ITC New Baskerville, Gill Sans and Champion. Printed on Imagine paper by Robert Horne Group and Colourplan by GFSmith. www.jonolewarne.com

Contents

1 – Introduction 3 – Terrorism 7 – Iraq War 11 – 28 Days Detention 17 – ID Cards 23 – Remote Searching 27 – DNA Database 31 – Right to Protest 37 – What You Can Do 41 – Glossary References are located inside the rear cover

In a healthy nation there is a kind of dramatic balance between the will of the people and the government, which prevents its degeneration into tyranny. Albert Einstein

Introduction

The War on Terror has been a focal point for much tension between governments and populations around the world in the last decade. Author Michael Ignatieff claimed that the terrorist attacks of 9/11 heralded the ‘End of rights’. 1 He was referring to a global phenomenon of countries initiating rafts of new laws in response to the threat of terrorism. Britain is a perfect example; new legislation is significantly altering the way Britons live, despite the government’s insistence that terrorists will not change the British way of life. There has been a knock-on effect and there is now a well commentated gap between many public policies and public opinion creating an imbalance between people and parliament. A Battle of Wills highlights some of the most striking political imbalances between the Labour government’s power and that of the citizens it represents. Firstly, there is an imbalance because the government said terrorism would not change our lives when it clearly has; legislation introduced in the last decade has restricted daily life yet has not been proved to stop terrorism. When Tony Blair sent British forces to invade Iraq he said it was for the purpose of disarmament when in reality it was about regime change, creating a gulf between what was said and what was meant. The police have the power to detain anyone suspected of terror offences for one month. This is a power usually reserved only for judges after a trial and is there to ensure fair treatment. So when it is taken away it creates a very unjust situation. The National Identity Register creates an imbalance of privacy; huge amounts of private data are stored but the reasons for doing so have not been agreed on by government. Warrantless searching is unfair for the same reasons as 28 days detention – there is no judge involved before police can exercise intrusive powers. The dna database in the uk treats innocent people in the same way it does criminals which is so imbalanced it breeches the European Human Rights Convention. Finally, British citizens can no longer spontaneously protest against these imbalances at the heart of government, removing an ages old right that was made law to prevent government becoming distant and unrepresentative of its people. In addition to detailing some of the key imbalances between people and parliament, this book contains quotes from people involved in the debates as well as forms which can be detached and filled in should you wish to act upon any of the information featured within.

CRITICAL THE CURRENT TERROR LEVEL IS SEVERE SUBSTANTIAL MODERATE LOW

TERRORISM

We will not allow violence to change our societies or our values. Tony Blair – 7/7/2005 Responding to the London bombings 2

Blair has always said we won’t let the terrorists change our way of life. But they are changing our way of life and it’s not the terrorists who are changing it, it’s the government. Rachael North – 7/7 Bombing survivor On British counter-terror laws 3

Terrorism

Terrorism has not changed the way we live our lives; the government has. New laws and policies are making it harder for Britons to live their lives free from government interference and have not been proven to have made the uk a safer place. Basic human rights in Britain are being eroded by the government in the name of security and counterterrorism. An International Commission of Jurists conference in 2003 expressed alarm that many states have counter-terror laws in place which are incompatible with international obligations to human rights laws and declared that, ‘[Human rights] no less than counter-terrorism measures, are aimed towards protecting the security of the person’, 4 therefore, any erosion of human rights in the uk could be more damaging to its citizens than terrorism itself. Section 44 of the Counter-terrorism Act enables police to stop and search anyone, without the need for suspicion. This has been deemed illegal by the European court of human rights for being indiscriminate and not targeted at a threat. A bbc photographer was prevented from taking nighttime photographs of St. Paul’s Cathedral and was asked for his name, address and date-ofbirth under Section 44. The police officer’s reason was that she was ‘stopping people who were taking photographs, as a counter-terrorism measure’. 5 Artist Liam O’Farrel was another victim of Section 44. In 2007 he was painting a picture of the Tate & Lyle sugar factory near London City Airport. Metropolitan police officers told him that ‘no one paints factories’ and that his iPod and coffee flask were ‘weird paraphernalia’. 6 Italian art student Simona Bonomo was stopped by police for filming buildings in London for an art project. A Community support officer said ‘You’re basically filming for fun? I don’t believe you’. Moments later she was slammed to the ground by a police officer and fined for ‘harassment, alarm and distress in public place’. 7 The only person causing alarm and distress was the officer who used such force to arrest one woman. Many cases like this can be found in the news over the past few years. The government is saying one thing and doing another and the politicians themselves have become immune to the consequences of their actions whereas civilians have had to change the way they live their lives. It’s unfair, and with unfairness comes imbalance.

IRAQ WAR

BUDGE I said that you would not

in your support for regime change.

David Manning, Foreign Policy Advisor – 14/3/2002 Explaining to Prime Minister Tony Blair what he had said to Condoleeza Rice, then Security Advisor to the Bush administration 8

The nature of Saddam’s regime is relevant in two ways. First, wmd in the hands of a regime of this brutality is especially dangerous because Saddam has shown he will use them. Secondly, I know the innocent as well as the guilty die in a war. But do not let us forget the 4 million Iraqi exiles, the thousands of children who die needlessly every year due to Saddam’s impoverishment of his country. Let us not forget the tens of thousands imprisoned, tortured or executed by his barbarity every year. The innocent die every day in Iraq victims of Saddam, and their plight too should be heard. Over the coming weeks we will work every last minute we can to reunite the international community and disarm Iraq through the un. It is our desire and it is still our hope that this can be done. Tony Blair – 25/2/2003 Explaining the reasons for invading Iraq 9

Iraq War

Tony Blair said on the 25th February 2003 that ‘The purpose in our acting is disarmament’ 10 when justifying the uk’s involvement in the Iraq war. Since then it has become clear from leaked memos 11 and evidence given to the the Iraq War Inquiry that Tony Blair’s real reason for the invasion was regime change, which is illegal under international law. If Tony Blair took the uk to war knowing that the reason behind his decision was regime change in allegiance with the usa then he is an architect of an illegal war that has killed 100’000 Iraqi civilians along with 179 British troops since 2003. 12 Sir Michael Wood, chief legal advisor to the Foreign Office informed the government that invading Iraq would be illegal without a second un resolution (the first un resolution declared that Iraq could not possess weapons of mass destruction or risk being invaded), but was rebuked for expressing such a view. 13 Clare Short, international development secretary under Blair at the time of invasion gave evidence to the inquiry that alleges the Prime Ministry lied to her, mislead parliament and left the world at a greater risk of terrorism by invading Iraq. She supported Wood’s advice that war would be illegal and said how Blair had told her in 2002 that he was not planning military action, which contradicts recent evidence. 14 Despite advice from politicians, military personnel and legal experts against the use of force against Iraq, Blair went ahead. In a recent interview, Blair admitted he would have found a way to justify the war whatever the outcome of the un weapons inspector’s report into the presence of weapons of mass destruction which sought to provide a legal basis for attack or to remove the need for invasion. 15 Ken Macdonald, former Director of Public Prosecutions under Blair recently wrote: Since those sorry days we have frequently heard him repeating the self-regarding mantra that ‘hand on heart, I only did what I thought was right’. But this is a narcissist’s defence and self-belief is no answer to misjudgment: it is certainly no answer to death. 16 If Blair broke international law, why have there been no charges brought against the former British Prime Minister? One third of uk voters want to see Blair face trial over the uk’s involvement in Iraq. 17 When anyone, even a head of state, commits a crime and faces no repercussions or justice, then there is a clear imbalance in accountability.

28 DAYS DETENTION

LET NO ONE be in any DOUBT, THE RULES of the game are changing. Tony Blair – 5/8/2005 Speaking about terrorism and 28 days pre-charge detention 18

The real threat to the life of the nation comes not from terrorism but from laws such as these. Lord Hoffmann – 16/12/2004 On the Anti-Terrorism, Crime and Security Act (atcsa) 2001 19

28 Days Detention

The citizens of Britain have become increasingly accountable to the government for the way they live their lives, and this trend shows no signs of stopping. Civil liberties in the uk have a long and powerful history, stretching back to the signing of the Magna Carta over a thousand years ago. The last decade has seen the biggest impact on the erosion of British civil liberties and international human rights, with many being damaged or lost completely. Of these liberties, Habeus corpus, or a citizen’s innocence until proven guilty by a jury, has suffered the most. The Prevention of Terrorism Act 2005 gives police the power to detain a terror suspect for up to 28 days without charge. After that period, if police are unable to produce enough evidence to bring criminal charges against a suspect then the suspect must be released. Almost a month in jail for not committing a crime is a direct contradiction of Habeus corpus, making guilty criminals of innocent people without the judgement of a jury or fair trial. It appears the only reason the government have to justify 28 days detention is that is takes a long time to search a suspect’s computers and harddrives. 20 Furthermore, the police have not had to detain anyone for 28 days yet the government is seeking to extend the period to 42 or even 90 days. In 2008, Liberty director Shami Chakrabarti told Members of Parliament in Britain that a YouGov poll had found that 54% of people in the uk believed the government only wanted an extension to look ‘tough on terror’ and not for genuine security reasons. 21 The last time the government had these powers was during wwii, when Prime Minister Churchill reluctantly administered them, saying that the power to detain people without charge was ‘the foundation of all totalitarian government’. 22 Spending 28 days in jail without being charged or told why you are there, like a totalitarian government, is fundamentally unjust.

IF YOU HAVE NOTHING TO HIDE YOU HAVE NOTHING TO FEAR

ID CARDS

Instead of wasting hundreds of millions of pounds on compulsory id cards as the Tory right demands, let that money provide thousands of extra police officers. Tony Blair â&#x20AC;&#x201C; 31/10/1995

We think it is legitimate and right, in this day and age, to ask people to carry id cards. Tony Blair â&#x20AC;&#x201C; 1/12/2004â&#x20AC;&#x2020;24

Jacqui Smith, then Home Secretary – 6/3/2008 25 Government reasons 26 for the introduction of an id card scheme in the uk year

reason

2003 David Blunkett (then Home Secretary) to Parliament: Prevention of; illegal working, immigration abuse, identity fraud, fraud. David Blunkett to a Home Affairs Select Committee: Prevention of; terrorism, organised crime. John Hutton (then Health Minister): Prevention of; health tourism. 27 2004 Tony Blair (then Prime Minister): Prevention of; terrorism. 2005 Charles Clarke (then Home Secretary): Prevention of; identity theft, organised crime, people trafficking, money laundering, drug dealing, illegal immigration, benefit fraud. Ease of; international travel, opening bank accounts. 2007 Tony Blair (then Prime Minister): Prevention of; some terrorism, fraud, some international crime. 2009 Alan Johnson (Home Secretary): Prevention of; illegal working, people trafficking, identity fraud. 28

ID Cards

Another civil liberty that should be enjoyed by all citizens is the right to privacy. This has also suffered drastic erosion over the past decade. The Labour government has attempted to gain more and more information on its citizens and this thirst for information has not made Britain a safer country, but has instead infringed upon people’s human rights and privacy laws. The mantra of ‘if you have nothing to hide, you have nothing to fear’ is misleading and distracts away from the real issue; a human’s right to live a private life. The uk government is introducing the National Identity Register, that will ultimately result in every citizen having a lot of personal information being held on a database. Although the database will be protected and operated by the government, data will be sold to private companies who will then target you for specific marketing reasons. 29 Once the population’s data is held, what happens if the information ends up in the wrong hands? Highly sensitive government data has been lost, leaked or stolen in the past. In April 2009, 11 men were arrested in the uk on terror charges after an investigation called Operation Pathway. The men were arrested a day earlier than planned after the then head of uk counterterrorism, Bob Quick, was photographed holding documents vital to the case. After 13 days all 12 men were released without charge. 30 A home affairs select committee has expressed concern over the unclear reasons given by the government for its id card scheme: ‘Changing aims of the scheme do not give total confidence that the government has arrived at a complete set of clear and settled aims for the card’. 31 Further to civil liberty concerns, the scheme itself is set to cost £5bn, with the London School of Economics estimating the real cost to be between £10bn and £20bn. 32 Although the scheme is no longer compulsory, every adult who applies for a passport or driving license will automatically be put on the database, and given that 80% of the population hold a passport the scheme is more or less compulsory in all but name. 33

RESTRICTED (When Complete)

Form 3019

Application for access to your personal data held on the Police National Computer (PNC) or Metropolitan Police Service (MPS) information systems RESTRICTED (When Complete)

Section 7(1)(a) & 7(1)(b)(i) & 7(1)(c)(i) of the Data Protection Act 1998 (Subject Access)

Section 1

About Yourself

Your Subject Access Rights Surname / Family Name

Subject to certain exemptions, you have a right to be told whether the Metropolitan Police Service (MPS) holds any information about you (your ‘personal data’) and a right to be First Name(s) provided with a copy of that personal data within a 40 day period. Please allow an additional week postage. Maiden for / Former Name(s) If you wish to exercise those rights please complete this form carefully and follow the instructions the £10 fee, proof of identity, Title (Mr, Mrs, Ms, Dr,regarding Rev. etc) Date ofand Birthways to return the form to the MPS. Under the Data Protection Act the MPS may, in certain circumstances, decide not to provide you with For example, we will not provide personal data if we feel Place of Birthsome (Town & personal data. County/Country) releasing it to you would be likely to prejudice policing purposes, and we may not provide you with information that identifies other individuals.Gender Height Male Female

Visas Australia, Canada, New Zealand, South Africa and United States of Residentialfor Address (Include Postcode – must NOT be a PO America Box address) This is the address to which all replies will

be sent. If you require a police check in order to obtain a visa for one of the above countries, please DO NOT complete this form. Individuals are now required to obtain an ACRO (Association of Chief Police Officers Criminal Records Office) police certificate. ACRO offer two services, Alternative Delivery Address standard and fast track service designed for those wishing to obtain a Visa quickly. The Only to be completed if information is to be delivered to an addresstime different to the turnaround from successful receipt of the application to dispatch of the certificate is ten above and must be provided at time of making original and twoapplication working days respectively. The standard fee is £35 and the fast track fee is £70.

To obtain an application please go to the ACRO website at Preferred Telephone No’s.* 1: 2: 999. www.acpo.police.uk/certificates.asp or telephone 0845 6013

Requests Information for Employment Purposes2: Preferred Emailfor Address* 1: * Not mandatory, but these will assist us if wePNC need to(Police get back in National touch with youComputer) to discuss your application The MPS does not provide disclosures for employment vetting services. If you require a disclosure for employment purposes, please contact Previous Addresses If you have lived at theScotland above address(es)on: 0870 609 6006 or via their website www.disclosurescotland.co.uk. Disclosure for less than ten years please give your previous addresses (including dates) for The current procedure whereby companies require individuals to exercise their rights under that period in the box to the right. Continue on a separate sheet if required provisions at section 7 of the Data Protection Act 1998, as a form of vetting, Subject Access has been considered to be unlawful for many years and is against the spirit of the legislation. When Section 56 of the Act is implemented, it will become a criminal offence for the employer to ask individuals, as a condition of employment, to go through this process. Section 2 Proof of Identity Documents

To help establish your identity your application must be accompanied by copies of two different official documents which between them provide sufficient information to prove your name, date of birth, current address and signature. (Refer to

The information supplied in connection with this application will be used to administer this request and for the purposes Proof of Identity section on page 2.) we are registered with the Information Commissioner’s Office under reference Z4888193 1

Section 3 PNC Record

IF YOU DO NOT WANT A COPY OF YOUR PNC PLEASE GO TO SECTION 4

Personal Data Sought

Please cross (x) appropriate box

If you wish to access information concerning yourself held on the PNC (in full) eg details of Arrests, Prosecutions, Convictions, Cautions, Ownership of Firearms Certificates, Reprimands & Warnings. Please note Disclosure Scotland provide a basic disclosure which only contains details of convictions considered unspent under the Rehabilitation of Offenders Act 1974 (Please see requests for Information for Employment Purposes detailed above)

The information supplied in connection with this application will be used to administer this request and for the purposes we are registered with the Information Commissioner’s Office under reference Z4888193 4

REMOTE SEARCHING

No comment.

Exercise of such intrusive powers raises serious privacy issues. The government must explain how they would work in practice and what safeguards will be in place to prevent abuse. Dominic Grieve, Shadow Home Secretary â&#x20AC;&#x201C; 4/1/2009â&#x20AC;&#x2020;34 On warrantless remote searching of computers

Remote Searching

In another recent blow to privacy in the uk, the government has passed a law which means that people’s personal computers could be searched remotely without a judge’s consent based on evidence already known. In January 2009, the Home Office permitted police to gather information from email accounts and internet browsing without a warrant. 35 This is unprecedented as it is in direct contravention of privacy laws in Europe. Shami Chakrabarti, Director of Liberty said ‘These are very intrusive powers – as intrusive as someone busting down your door and coming into your home.’ 36 If a person is deemed a threat the police are authorised to remotely search their computer without the permission of a judge. If a person really is deemed a threat, in a reasonable a democratic society, then a judge’s permission should be able to be granted, removing the need for warrantless searching of computers. No government employee has commented on or explained the police powers that enable warrantless searching of computers, which speaks volumes about the desire to brush this issue under the carpet. If you would like to find out what information the police hold on you fill in the form on page 28 and send it to your local police force office.

DNA DATABASE

On dna retention, the government must balance several factors [scientific evidence, human rights legislation, privacy and police use of information]. Alan Johnson – 25/11/2009 32

The huge rise in surveillance and data collection by the state risks undermining the long-standing traditions of privacy and individual freedom which are vital for democracy. Lord Goodlad – 6/2/2009 38 On the dna database and cctv

DNA Database

If a person is arrested for committing a crime in the uk their dna profile will be examined and the data put into a database of criminal dna in order to assist in the solving of previously unsolved crimes or any future crimes committed. Further to this, if you are stopped by the police or wrongly arrested for a crime you did not commit, your dna and fingerprints will be taken and stored in the same way as those who are guilty of crimes. The home secretary Alan Johnson speaks of balancing several factors, when in reality he is doing no such thing. The scientific evidence, in his own words, is ‘still sparse’. 39 The human rights legislation and privacy he talks about is specifically Article 8 of the Human Rights Convention, which is breached when the dna profile of innocent people is retained, leaving Johnson’s argument null and void. 40 Police have already been found to be abusing the system by the Human Genetics Commission, whose report suggests police are routinely arresting people in order to increase the database, with up to 75% of young black men already on the database. 41 A February 2009 House of Lords report recommends that all innocent individual’s data is removed from the system, and that there is also the possibility of the data being used for ‘malign reasons’. 42 This system has already experienced errors and miscarriages of justice and it is still in its relative infancy. If the database is increased to include a greater percentage of the population of the uk it is likely that the instances of errors will increase too. With an overloaded legal system and increased police powers for detention this could lead to more people being wrongly accused and incarcerated. The longer a person is detained due to errors, the greater the injustice done. The scope and function of the database is changing; instead of providing an important compliment to traditional detective work it is becoming a means of crime-fighting in itself, which given the database’s inability to provide police with 100% accurate data, is very dangerous in terms of possible wrong convictions. 43 It has recently emerged that, further to the imbalance of retaining an innocent person’s dna, there is also an inequality between the innocent people who can successfully gain the removal of their dna from the system. There is a ‘post-code lottery’ in operation, with certain police forces granting requests and others refusing, adding to an already imbalanced and unfair system. 44 The dna database is grossly unfair and in desparate need of an overhaul in policy.

RESTRICTED

Application for Demonstration

Form 3175A

Within The Serious Organised Crime & Police Act Designated Area Notes:

Reference Number

Any person seeking authorisation for a demonstration in the designated area is required by law to give written notice to the Commissioner of Police of the Metropolis. Application must be received (a) if reasonably practicable not less than 6 days before the day it is due to start, or (b) if not reasonably practicable then as soon as it is, and in any event not less than 24 hours before the time it is due to start. Notice must be given by the organiser, if more than one person is participating. Where the demonstration is being carried on by only one person then that person must give notice. Complete this form and return it to a Metropolitan Police Station BY HAND or by RECORDED DELIVERY POST. A copy will be made by the receiving officer and returned to you. Please use BLOCK LETTERS. This form does not give authority for the event to take place. The Commissioner may impose conditions on organisers or participants, details of which will be notified to you in writing. Applicants are advised that under s137 of the Act unauthorised use of amplification equipment of any description without the necessary local authority permission or statutory exemption is an offence.

1. Applicant Title (Mr/Mrs/Miss/Ms)

Full name

Address

Tel. Nos.

Work: Home:

Applicant to be the only participant?

Yes

Applicant to be present at the event?

Yes

Representative at the event

2. Organisation (if applicable) Organisation Name Address

3. Details of event Location of event Reason for event Date Time Start

Date Time Finish

Any advance publicity?

Yes

Petitions to be delivered?

Yes

(if ‘Yes’, please attach copy)

If YES Location(s) / Time(s) Meetings being held before or after event Locations Number of participants in demonstration (Applicant’s estimate) Number of stewards

4. Dates for meetings Dates organiser available for meetings with police

5. Applicant’s signature Signature

Date

page 1 of 2

Time

RIGHT TO PROTEST

On the 28th of October 1998, Mr. Justice Andrew Collins declared during the case of the war criminal Augusto Pinochet that the law should not be twisted to meet the needs of any individual case.

In 2004, David Blunkett passed a new law which he described as a ‘hammer’ to crack the ‘nut’ that is Brian Haw’s anti-war protest outside the Houses of Parliament. It is now illegal to spontaneously protest within 1km of parliament. 46

I rejoice that we live in a country where peaceful protest is a natural part of our democratic process. Tony Blair – 15/2/2003 42 On the Stop the War marches in London

NOR THU

MBE

RLA

AV.

ID G

ELV ED

RD.

HORSE FR IAR SR

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YOR K RD

LAM B

Right to Protest

If the population of the uk feels it is misrepresented by the government then it should be able to voice its concerns at the very heart of government where important decisions are made. Since the Serious and Organised Crimes Police Act (socpa) was introduced in 2005, protesting within a boundary limit, 1km from the Houses of Parliament, has been made illegal without prior permission to do so by the Metropolitan police, which can be applied for using the form on page 36. This is a direct violation of the European Convention on Human Rights article 10 and 11, freedom of speech and freedom to associate with others. 48 In making spontaneous protests illegal under the socpa laws, the government has infringed our civil liberties and human rights. Government officials were getting annoyed with the growing publicity anti-war protester Brian Haw was receiving. His permanent vigil in front of parliament had grown larger, encompassing an area of lawn in front of the house with banners and placards highlighting the illegality of the Iraq war. The home secretary, which at that time was David Blunkett, changed the law to get rid of the protest they saw as unsightly, but an oversight in planning meant Haw won an appeal as his protest had started before the law was changed. This did not stop the government, declaring Haw a ‘tough nut to crack’; they appealed and won. Haw was eventually allowed to stay but his protest was restricted to 1m by 3m. After Haw’s reluctance to restrict his protest, 78 police officers raided his camp in the middle of the night and removed all but one of his placards, 49 hardly a balanced and proportionate response. In a recent letter, Member of Parliament for Bristol West, Stephen Williams (Liberal Democrats), spoke of his concern over the restriction of protest around parliament: One problem concerns the way police define a legitimate protest ... by a binary categorisation of protest as lawful or unlawful ... rather than a graduated approach where the level of force used is proportionate to the level of violence or of threat to public order ... I believe there needs to be a proper discussion of what constitutes legitimate protest, which clearly and separately considers the appropriate application of the terms ‘peaceful’ and ‘lawful’. 50 The freedom to protest is a means of balancing power when the public wishes to voice concern to the government. Take this right away, and things become imbalanced. 35

Electoral registration form Only one person can register using this form. Please read the notes carefully before filling in this form. When you have completed every section and signed the form personally, send it to your electoral registration office. Please write in black ink and use BLOCK LETTERS.

Address (where you are currently resident) Flat number

Flat 1

House number 1 Gloucester Mansions Street

Claremont Road

Village Town

Bristol

County Postcode

bs7 8ah

Local Authority Bristol City Council

Previous address Flat number House number Street Village Town County Postcode Local Authority Reason you want to remain on the register at this address

About you Title

First Name

Jonathan

Surname

Lewarne

Date of Birth 70 years old or over Nationality

British

Telephone Email Do you want to be included on the edited register?

Declaration

As far as I know, the details on this form are true and accurate. I understand that to provide false information on this form is an offence, punishable on conviction by imprisonment of up to 6 months and/or a fine. I confirm that I am a British, Irish, European Union or qualifying Commonweath citizen. Qualifying Commonwealth citizens are those who have leave to enter or remain in the UK or do not require such leave. Signature c1a9802a-8261-4b56-8284-7c6b59eed975

Date 09/12/2009 16:58:24

WHAT YOU CAN DO

Another way of exerting pressure to realise human rights may be not to uphold the law, but to break it ...Civil disobedience was used to great effect in 20th century struggles of colonised peoples of Asia and Africa – most famously the Indian independence movement led by Ghandi – and also the African-American human rights movement led by Martin Luther King. 51

Olivia Ball & Paul Gready In the No-Nonsense Guide to Human Rights

What You Can Do

If you wish to respond to any of the facts you have read in this book then there are various ways to go about it. Most important of all of these is to register to vote if you have not done so already. You can detach the form on the previous spread and send it to your local electoral registration office whose address can be found on your local council website. Once you have registered you can vote in local and national elections in the uk. If you wish to protest at the Houses of Parliament, detach and fill out the form on page 36 of this book and send it to the Metropolitan Police. If they approve your protest you can lawfully voice your issue to Members of Parliament where they work. You can find out who your local Member of Parliament is and write a letter to them voicing any concerns over government policy or ask them any questions you have. The best way to do this is through the website theyworkforyou.com. There are also organisations that you can join. Liberty is a pressure group that highlights infringements on civil liberties. They play an important role in speaking up on behalf of the individual and those without a voice and have achieved significant victories against violations of human rights in the past. They have a Charge or Release campaign which seeks to abolish the 28 days pre-charge detention legislation. More details on how to join Liberty can be found on their website: liberty-human-rights.org.uk. no2id is a political campaign group who lobby against the introduction of id cards and the National Identity Register in the uk. You can register and find out more information about the campaign via their website: no2id.net/getinvolved/support. Apply to your local police force to find out what information they have on you. Certain information can only be held for a limited amount of time. If you feel there might be information on your file that should no longer be there, you can request its removal. You can do this by filling out the form on page 28 or by speaking to your local police force. If you feel very strongly about the use of your taxes to fund an illegal war in Iraq or Afghanistan then you might consider withholding part of your tax. The Peace Tax 7 did just this, and although they received court judgements against them, they feel they are morally correct in their actions. More information can be found at their website: peacetaxseven.com. 39

GLOSSARY

Glossary

28 days detention – The period police can detain you in custody, without charge if suspected of a terrorism offence. During this time they do not have to tell you why you are there or what you will be charged with. atsca – The Anti-Terrorism, Crime and Security Act 2001 (ATCSA) was introduced in order to provide stronger powers to allow the Police to investigate and prevent terrorist activity and other serious crime. The measures are intended to: cut off terrorist funding; that government departments and agencies can collect and share information required for countering the terrorist threat; streamline relevant immigration procedures; the security of the nuclear and aviation industries; improve security of dangerous substances that may be targeted/used by terrorists; police powers available to relevant forces; ensure that we can meet our European obligations in the area of police and judicial co-operation and our international obligations to counter bribery and corruption. blair, tony – Leader of the Labour Party from 1994 to 2007, British Prime Minister between 1997 and 2007, and Member of Parliament for Sedgefield. Was the Labour Party’s longest serving Prime Minister in history. Currently the official Envoy of the Quartet on the Middle East on behalf of the United Nations, the European Union, the United States, and Russia. blunkett, david – Home Secretary between 2001 and 2004, when he was forced to resign after it was revealed he was having an affair. Appointed Secretary of State for Work and Pensions in 2005, but was again forced to resign shortly after due to irregularities in his business dealing outside of Parliament. boyes, sylvia (and john, helen) – Two grandmothers from Yorkshire who were the first people in the UK to be arrested under the SOCPA act. They deliberately walked nearby a military base to highlight the introduction of the act. Both of the women took part in the Greenham Common protests in 1981, which saw the group Women for Life on Earth protesting at a nuclear missile base in Berkshire. chakrabarti, shami – Director of Liberty since 2003. (see Liberty) Chakrabarti has campaigned extensively against counter-terrorism legislation that have affects the rights of British citizens. 43

clarke, charles – The Home Secretary between 2004 and 2006 for the Labour Government. Initiated reforms to the legal system that eroded the right to a fair trial and a trial by jury as well as the Identity Cards Bill. Was removed from office in 2006, in part due to a scandal which saw 1,023 foreign prisoners released from prison without being considered for deportation. collins, justice andrew – An independent judge who has spoken out against the Labour government’s complicity in torture cases as a result of the war on terror. Has ruled against the government in a number of cases, giving him the reputation of someone who speaks his mind and who does not capitulate to government pressure. dna database – Currently the biggest DNA database in the world, run by the Forensic Science Service (FSS), under contract to the Home Office. It stores the samples of people who have committed or been suspected of crime in the UK. Police use the database to quickly identify offenders; make earlier arrests; more convictions; provide critical investigative leads for police investigations. The European Court of Human Rights has ruled that the keeping of an innocent person’s DNA is in violation of Article 8 (the right to respect for private and family life) of the European Convention on Human Rights and that keeping the information ‘could not be regarded as necessary in a democratic society’. european convention on human rights (echr) – A treaty set up in 1953 to protect the rights and of individual humans in Europe, binding to all member states of the European Union. goodlad, lord – Appointed as High Commissioner to Australia by Tony Blair in 2000, until 2005. After which he was created a life peer, and therefore Baron Goodlad of Lincoln in the County of Lincolnshire. He currently is a member of the Constitutional Select Committee, a cross-party committee which examines the constitutional implications of bills put before the House of Lords. habeus corpus – A legal action preventing people harming themselves or from being harmed by the judicial system, meaning people are innocent until proven guilty. It ensures that a person is not imprisoned without the prior consent of a judge after a trial by jury.

haw, brian – A British anti-war protester made famous by his peace camp in Parliament Square and the Labour government’s subsequent efforts to remove it. Was voted Most Inspiring Political Figure at the 2007 Channel 4 Political Awards. hoffman, lord – A senior British judge who has spoken out against oppressive counter-terror legislation and the use of torture by states against suspects. He was also involved in a ruling against Chilean dictator Augusto Pinochet, which lead to a second judgement by the House of Lords after he failed to declare links to Amnesty International. home affairs select committee – A committee appointed by the House of Commons to expenditure, administration and policy of the Home Office and its associated public bodies. The current chairman is Member of Parliament Keith Vaz, who succeeded John Denham in 2007. house of commons – The lower house of the Parliament in the UK. Comprised of 646 democratically elected Members of Parliament. house of lords – The upper house of the Parliament in the UK. Comprised of hereditary peers, who have inherited their peerages, and others who have been elected in. house of parliament – The supreme legislative body in the uk and British overseas territories. Made up of the House of Lords and the House of Commons, it has ultimate power over all political bodies in the UK and its territories. human genetics commission – Advisory body to the UK government on social, ethical and legal matters involving genetics. Chaired by Professor Jonathan Montgomery, it is not controlled by the government. hutton, john – Labour politician who served in the Department of Health from 1998 until 2005. He was then made Chancellor of the Duchy of Lancaster and a Member for the Cabinet Office before replacing David Blunkett as Secretary of State for Work and Pensions in 2005. ignatieff, michael – Leader of the Liberal Party of Canada. Held academic posts at Oxford, Cambridge, Harvard and Toronto universities. 45

international committee of jurists (icj) – An international human rights non-governmental organisation with the objective of strengthening the role of lawyers and judges in protecting and promoting human rights and the rule of law. iraq inquiry, the (chilcott inquiry) – An inquiry set up to identify lessons that can be learned from the Iraq conflict. The Iraq Inquiry was officially launched on 30 July 2009. Conducted by Sir John Chilcot (Chairman), Sir Lawrence Freedman, Sir Martin Gilbert, Sir Roderic Lyne as well as Baroness Usha Prashar. john, helen (and boyes, sylvia) – See Boyes, Sylvia. johnson, alan – Currently serving as Home Secretary to the Labour government, having previously been Health Secretary and Education Secretary. As Home Secretary sacked Professor Nutt, Chair of the Advisory Council on the Misuse of Drugs (ACDM) for criticising the government policy decisions on drugs. His support for the DNA database and the National Identity Register has also been a focus of controversy. liberty – The working name of The National Council for Civil Liberties (NCCL), a pressure group that highlights infringements on civil liberties. london school of economics – A leading social science institution that is part of the University of London. magna carta (great charter) – An English legal charter issued in 1215, which proclaimed rights and freedoms of British citizens and bound the monarchy to a rule of law, and supported what would become the writ of Habeus corpus. manning, david – Foreign policy advisor to Tony Blair between 2001 and 2003 and later British ambassador to the United States between 2003 and 2007. Manning composed the leaked memo which summarised the meeting in 2003 between Tony Blair and US president George Bush which considered the provocation of military action by Iraq by the flying of US reconnaissance aircraft in UN colours over Iraq. Manning has also revealed that regime change was the motive for the invasion of Iraq a year before Tony Blair claimed disarmament was the reason.

metropolitan police – The territorial police force responsible for policing the Greater London area, except the square mile City of London, which is controlled by City of London Police. national identity register – The database which holds all of the information held on British identity cards. The database holds information such as fingerprints, facial and retina scans, list of addresses (current and former), and data such as date of birth and sex. The database has raised issues over privacy and other human rights as well as security fears. north, rachael – A victim of the London terror bombings in July 2005. North is also a writer who has written a book as well as articles for various newspapers and magazines regarding her ordeal and the subsequent political issues arising from the attack. operation pathway – A British counter-terror operation which attempted to gain information on a number of terror suspects in Manchester, Liverpool and Lancashire. The investigation lead to the investigation of Najibullah Zazi, who is alleged to have planned a series of bombing in New York City in 2009. pinochet, augusto – President and former army general of Chile, disposed of in 1990 with a return to democratic rule. Pinochet’s rule was littered with countless human rights abuses, and in 1998 was arrested while in the UK for medical treatment. This was a landmark case as it sought to put to trial a former head of state for offences carried out while in power. Heads of State were considered to have immunity from prosecution, despite human rights conventions insisting no person was immune. Two House of Lords judgements declared that he should face trial, but before Pinochet could do so he was released on medical grounds by then Home Secretary Jack Straw, despite doctors deeming him fit to face trial. quick, robert (bob) – Former Assistant Commissioner (Specialist Operations) of the Metropolitan Police. He was responsible for counter-terror operations from 2008 until 2009, when he resigned following the accidental exposure of secret documents relating to Operation Pathway, which lead to the miscalculated arrest of suspects. 47

rice, condoleeza – National Security Advisor to the Bush administration between 2001 and 2005 and later Secretary of State between 2005 and 2009. As National Security Advisor Rice passed on Bush’s approval of the use of torture to the CIA. right to privacy – The universal human right which ensures and individual’s right to live their life free from state intervention. Privacy laws regulate what sorts of information the state can gather on its citizens, and how the information can be used. section 44 – A section of the Terrorism Act 2000 that allows the police to stop and search anyone in a specific area, without the previously required ‘reasonable grounds’ for suspicion. Statistics reveal that black or Asian men are four times more likely to be searched under Section 44 than white men. socpa – The Serious Organized Crime and Police Act 2005. An Act of Parliament that extends powers of arrest and most noticeably the prevention of spontaneous protests within 1km of the Houses of Parliament. smith, jacqui – A Labour politician who served as the first female Home Secretary between 2007 and 2009. She unsuccessfully attempted to extend the maximum period of pre-trial detention from 28 to 42 days. A leaked poll of the Labour Party in 2009 revealed she was considered to be the worse performing member of cabinet, with only 56% of the party believing she was doing a good job. yougov – An international internet-based market research firm launched in the UK in 2000. It obtains responses from an invited group of internet users (drawn from a panel of 250,000 people in the UK), and filters responses in line with demographic data.

sources: Guardian.co.uk Hgc.gov.uk Homeoffice.gov.uk Lawless World – Philippe Sands QC. 2005. Allen Lane. Liberty-human-rights.org.uk The No-nonsense Guide to Human Rights – Ball, Olivia and Gready, Paul. 2006. New Internationalist™ Publications Ltd. Wikipedia.org Yougov.com

01. 02. 03. 04. 05. 06. 07. 08. 09. 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51.

Ignatieff, Michael. New York Times, 5/2/2002. http://tinyurl.com/ydwtzsh Blair, Tony. Statement. 7/7/2005. http://tinyurl.com/y9qsnc7 Atkins, Chris. Taking Liberties. Revolver Entertainment. 2008. Author Unknown. Joint Declaration on the Need for an International Mechanism to Monitor Human Rights and Terrorism. http://tinyurl.com/ylfykjt Davenport, Justin. London Evening Standard. 27/11/2009. Lewis, Paul & Walker, Peter. The Guardian. 19/12/2009. Lewis, Paul. guardian.co.uk. 15/12/2009 Norton-Taylor, Richard. guardian.co.uk. 30/11/2009. http://tinyurl.com/yjwhsah Blair, Tony. Commons Statement. 25/2/2003. http://tinyurl.com/yju7q3k See 9. Manning, David. Memo. 14/3/2002. http://tinyurl.com/yz3awxa Hirsch, Aufa. guardian.co.uk. 27/1/2010 Sturcke, James. guardian.co.uk. 2/2/2010 Author Unknown. iraqbodycount.org Butt, Riazat & Norton-Taylor, Richard. The Guardian. 12/12/2009. Macdonal, Ken. The Times. 14/12/2009. Sparrow, Andrew. guardian.co.uk. 3/2/2010 Blair, Tony. Speech. 5/8/2005. http://tinyurl.com/ybxgd4f Author Unknown. guardian.co.uk. 19/1/2009. http://tinyurl.com/asmgck Author Unknown. The Times. 26/10/2007. http://tinyurl.com/ykndvjh Author Unknown. Liberty. 24/4/2008. http://tinyurl.com/6b5r3s See 3. Press Association. guardian.co.uk. 2/12/2004. See 3. Smith, Jacqui. Statement. 6/3/2008. http://tinyurl.com/yd2r5vr Author Unknown. Channel4 News 6/3/2008. http://tinyurl.com/2j6um8 Hall, Celia. The Telegraph. 30/7/2003. http://tinyurl.com/yde4ep3 Johnson, Alan. The Guardian. 25/11/2009. See 3. Author Unknown. bbc. 8/4/2009. http://tinyurl.com/ce2oyk See 26. Author Unknown. London School of Economics. http://tinyurl.com/yb67f2w Travis, Alan. guardian.co.uk. 30/6/2009. Leppard, David. The Times. 4/1/2009. See 34. See 34. Johnson, Alan. The Guardian. 25/11/2009. Travis, Alan. The Guardian. 6/2/2009. See 32. Walker, Peter. guardian.co.uk. 4/12/2008. http://tinyurl.com/586j6b Author Unknown. Human Genetics Commission. http://tinyurl.com/yeerwjv Travis, Alan. The Guardian. 6/2/2009. Fraser, Professor Jim. 27/11/2009. http://tinyurl.com/yjh2ptv Travis, Alan. The Guardian. 31/12/2009. Sands QC, Philippe. Lawless World. 2005. Allen Lane. Author Unknown. bbc. 7/12/2004. http://tinyurl.com/ycymt8y Author Unknown. The Independent. 10/12/2005. http://tinyurl.com/yea64sb Ball, Olivia and Gready, Paul. The No-nonsense Guide to Human Rights. 2006. New Internationalist™ Publications Ltd. See 3. Williams, Stephen. Letter to the author. 4/2/2010. See 42.

The War on Terror has been the main focal point of tension between governments and populations around the world in the last decade. The knock-on effects of the terror threat have changed the way people live, whether they like it or not. There are imbalances in the accountability and political power between citizens and the politicians. This book documents some of these imbalances and facilitates action against them.