Member News
Theresa May has announced restrictions on the use of controversial counter-terrorism powers following a ruling in the European Court.
In a statement to Parliament this afternoon, the home secretary said the police would no longer be able to use Section 44 of the Terrorism Act 2000 to stop and search individuals.
A European Court of Human Rights ruling last month ruled the power to search people without suspicion under the Act was illegal.
"The government cannot appeal this judgment although we would not have done so had we been able," May told MPs.
"We have always been clear in our concerns about these powers and they will be included as part of our review of counter-terrorism legislation.
"I can therefore tell the House that I will not allow the continued use of Section 44 in contravention of the European Court's ruling and, more importantly, in contravention of our civil liberties."
"Most importantly, I am introducing a new suspicion threshold. Officers will no longer be able to search individuals using Section 44 powers, instead they will have to rely on Section 43 powers which require officers to reasonably suspect the person to be a terrorist.
"Officers will only be able to use Section 44 in relation to the search of vehicles.
"I will only confirm these authorisations where they are considered to be necessary and officers will only be able to use them when they have reasonable suspicion."
But shadow homes secretary Alan Johnson said he was "amazed" that May had not appealed against the judgement.
"The number of stop and searches under Section 44 has reduced considerably over the last two years," he said.
And while Johnson said given the legal position it seemed "sensible" to use a test of reasonable suspicion he said he was "deeply concerned" about the plan to restrict Section 44 powers to searches of vehicles.
"This quite clearly restricts the powers of the police," he said.
The Labour chairman of the home affairs committee said May was right to introduce the new guidelines.
But he called for the new government to take a "zero tolerance" approach towards terrorism and said the country needed a "strong and vigorous counter terrorism agenda".
While Conservative backbencher Nicola Blackwood attacked the Labour government's record, and said she hoped the Coalition would better protect civil liberties.
"The counter terrorism review will draw line under abuse of state powers we've seen under the last decade, and civil liberties will no longer be sacrificed for the sake of new laws that don’t make us safer anyway," she said.
Have your say...
Please enter your comments below.