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Anti-Terrorism, Crime and Security Act 2001
David Blunkett has published sweeping new laws to beef-up the fight against terrorism.
The home secretary has trailed the Anti-Terrorism, Crime and Security Bill as a package of measures to safeguard the "rights and freedoms" of British citizens following September 11's terror attacks on New York and Washington.
"Following the attacks of September 11, it is right that we should take stock and review our laws to see where they might need strengthening. This bill contains proportionate and targeted measures which will ensure and safeguard our way of life against those who would take our freedom away," he said.
Fast Tracked
The bill is set to be fast tracked through parliament with cross-party consent and its second reading takes place next week, rather than having to wait the usual fortnight. Blunkett hopes to have the bill's provisions in effect by Christmas.
With limited debate taking place on legislation regarded by some veteran MPs as draconian, concerns about parliamentary scrutiny and the speed of the bill's introduction is expected to spark opposition across the Commons political divide, led by vociferous criticism from some quarters of the government's own benches.
The legislation grants wide powers to law enforcement authorities in a diverse range of areas from communications surveillance to religious hate speech, from bio-terror hoaxes to security at laboratories and from asylum controls to the internment of terror suspects.
Blunkett, who has dismissed backbench criticism that the government was acting in haste, argues that current security concerns trump human rights concerns.
"The legislative measures which I have outlined will protect and enhance our rights - not diminish them, justice for individuals are reaffirmed and justice for the majority and the security of our nation will be secured," he told the Commons on October 16.
The Tories are set to "reluctantly" back the bill and the Lib Dems are to scrutinise its impact on human rights.
Anti-Terrorism, Crime and Security
Summing up the bill's broad scope Blunkett said: "The Anti-Terrorism, Crime and Security Bill would enable law enforcement agencies to access the information needed to effectively tackle terrorism".
"It would give police important powers to target suspected terrorists travelling on internal UK flights to disrupt and prevent acts of terrorism. Tough penalties will prove a strong deterrent for those seeking to capitalise on the events of September 11 by causing disorder or panic. And it would send out a firm signal, that terrorists cannot abuse the safe haven we offer genuine refugees."
Detention and asylum measures
New powers to allow "extended detention" of foreign nationals suspected of involvement with terrorism have received heavy media coverage.
MPs protested at Blunkett's absence when an order allowing derogation of Article Five of the European Convention on Human Rights was laid before parliament on November 12 and the measure has generated widespread concern. The measure will be reviewed by parliament in 15 months and then be subject to annual review.
The derogation - which is a "technical" designation of a public emergency, not a state of emergency as some headlines claimed - will allow suspected international terrorists who threaten national security who cannot be deported to be detained indefinitely.
Evidence that an individual is a national security risk must be put to the Special Immigration Appeals Commission (SIAC). Following a recent House of Lords ruling this does not need to involve a direct threat to the UK - but will count international activities that may threaten other countries, such as the US.
Individual cases will be reviewed by SIAC every six months and suspects will then be released or detention renewed.
Numbers detained are not expected to be high. Home Office ministers stress that in the last year only 39 asylum seekers were initially detained - and 23 were Afghan plane hijackers.
The Home Office will also be given new powers to refuse asylum to anyone suspected of involvement with terrorists.
And suspected terrorists will no longer be allowed to shelter behind the 1951 refugee convention, with the Home Office able to automatically rule out "the substance of their claim". Judicial review for decisions in relation to terror suspects is to be removed.
Communication surveillance
Communication service providers - including telephone and internet companies - will be compelled to retain data for 12 months.
And in a move that could dismay civil rights groups, the data will be available to law enforcement agencies investigating all serious crimes - a much more sweeping category than the more specific and defined area of terrorist offences.
Home Office ministers stress the measure allows retention of "data not content" - telephone numbers called rather than the recording of conversations.
But civil liberties campaigners will argue that police access to information including email addresses and the geographical location of mobile phones will result in a loss of privacy without sufficient safeguards. Home Office ministers argue that law enforcement agencies must have a case to gain access to data and Lord Rooker pledged, "there will be no fishing expeditions of a general nature".
Communications measures and the costs to industry will be governed by a voluntary Code of Practice, currently under "close consultation".
Religious hate laws
Another controversial part of the government's package is extending laws on race hatred to cover religious groups - including the publication of "inflammatory" texts or the broadcast of programmes.
Following criticism from satirists and secularists, ministers argue that the new measures will not prevent "people from reasoned debate and criticism of religions and religious practices".
"Whilst preserving the right to practice religion in peace, the bill recognises the long-standing tradition of free speech. It will not prevent reasoned debate, humour or criticism of religion or religious practices," states official guidance
But the new measures could signal the end of blasphemy laws, with all religions now to enjoy legal protection. Home Office minister will not rule out abolition but believe such a move is "outside the scope of the bill".
The laws on hatred are also widened to cover UK citizens guilty of inciting hatred overseas. Those found guilty of incitement will see the maximum sentence increased from two to seven years.
Hoaxes and EU anti-terror measures
The bill extends present laws which cover bomb hoaxes to include other types of hoaxes - including the recent spate of bio-terror anthrax scares - which cause distress and severe disruption.
And in a government climb-down the measure is not be retrospective. Ministers argue that following a police clampdown on hoaxers and a fall off in scares a retrospective is "not necessary".
The legislation will also enable the government to enact anti-terror measures - including a European arrest warrant - emanating from the EU home affairs council in Brussels through secondary legislation following approval by parliament.
Tackling terror funds
A key element of the new package will be financial controls to tackle terrorist funding, allowing the authorities to freeze bank accounts and introducing new duties of disclosure for regulators.
Measures include an obligation on the financial sector to report where there are "reasonable grounds" to suspect terrorist financing.
And the government will be able to unilaterally take "immediate, targeted action to freeze the assets of overseas individuals or groups that carry out or support terrorist acts" even where the UN or EU has not yet agreed a course of action.
A new anti-terror finance unit is to be established by the Home Office and new offences of bribery will tackle the international corruption that is the "breeding ground" of terrorism.
Strengthening security
The government also intends to strengthen security at airports and to beef-up the powers of the British Transport Police.
Carriers must supply information about passengers and freight to law enforcement agencies, "vital information to target and track terrorists". Barriers preventing customs and revenue officers sharing information with other law enforcement agencies are to be removed.
Aviation security is to be tightened up with new powers enabling the removal and arrest of people in restricted areas and the detention of aircraft for security reasons.
Police officers are to be given new stop and search powers for people either travelling or believed to be travelling by aircraft within the UK.
The bill will make it an offence to aid or abet the overseas use or development of chemical, nuclear, biological or radiological weapons and will ensure that laboratories holding stocks of potentially dangerous diseases adhere to the highest standards of security.
House of Commons
First reading: November 12 2001 (HC Bill 49)
Second reading: November 19 2001
Committee of the whole House
- First day: November 21 2001
- Second day: November 26 2001
Remaining stages: November 26 2001
House of Lords
First reading: November 26 2001 (HL Bill 29)
Second Reading: November 27 2001
Committee
- First day: November 28 2001
- Second day: November 29 2001
- Third day: December 3 2001
- Fourth day: December 4 2001
- The bill as amended in committee: (HL Bill 32)
Report
- First day: December 6 2001
- Second day: December 10 2001
Third reading: December 11 2001
House of Commons
Consideration of Lords amendments: December 11 2001">December 12 2001
House of Lords
Consideration of Commons amendments: December 13 2001
House of Commons
Lords amendments in lieu of amendments to which the Commons have disagreed; Lords reasons for insisting on certain of their amendments; and Lords amendments to Commons amendments: December 13 2001
House of Lords
Consideration of Commons amendments: December 13 2001
Royal Assent: December 13 2001
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