Lords Rule that Control Orders Breach Human Rights
December 7, 2007
“Control Orders Breach Human Rights, Lords Rule”
Daily Telegraph, 31/10/2007
The newspaper article deals with an objection by senior judges to the 18 hour home curfew
as it breaches the right to liberty (article 5 of the European Convention on Human Rights (ECHR)) and the right to fair trial (article 6 ECHR).Furthermore, they held that a 12-hour curfew was permitted and that suspected terrorists should be subject to “civil fair trial procedures”. which has been breached in some cases by the “special advocate procedure” .
Full story at:
The foundation of the Rule of Law, as a moral principle, has been undermined, because
the human rights (including the right to liberty) of persons subject to control orders have not been protected.
“Control orders breach human rights, law lords say”Guardian Unlimited, 31/10/2007 The government must rethink some aspects of control orders imposed on terrorism suspects, the law lords said today, while ruling that the overall system can remain in place. In a complex and lengthy series of decisions, Britain’s most senior judges said that the most restrictive aspect of the regime, an 18-hour home curfew, breached the human right to liberty. However, they held that shorter curfews, possibly up to 16 hours, were acceptable.
Full story at:
http://www.guardian.co.uk/terrorism/story/0,,2202266,00.html
By Joanna Glajzer and Alec Liong
Further information can be found at:
BBC Q&A Control Orders
http://news.bbc.co.uk/1/hi/uk/6268959.stm
Control Orders: Key cases October 2007
Brown’s Legislative Agenda – the Queen’s Speech Nov 07
November 6, 2007
The Queen’s speech emphasised the apparently new open and transparent Labour Government under Brown and set out his legislative agenda.
Some of the proposed bills and measures are as follows:
“…
Terrorism – Post-charge questioning and possible extension of pre-charge detention beyond 28 days
Education – Raises age of youngsters in education or training to 18
Energy – Bill paving the way for new generation of nuclear power plants
Climate change – New powers to meet target of cutting CO2 by 60% by 2050
Constitutional reform – Give MPs formal say over going to war
Health – New regulator with power to fine hospitals which fail to meet hygiene standards
Work: Consider extending flexible working to parents of older children
…”
See full article and links to others at:
“The Governance of Britain” and a New Chapter on Liberty?
November 6, 2007
On 25 October 2007, Gordon Brown set out his plans to write the next chapter in the story of British civil liberties and pledged his commitment to a British Bill of Rights in a speech at the University of Westminister.
Mr Brown said that the British Bill of Rights would “entrench and enhance” individual freedoms. Yet on the other hand, the Prime Minister stated that the bill would set out the responsibilities “that flow from British citizenship”. He did not rule out controversial plans for ID cards nor the extension of the holding of terrorist suspects beyond 28 days but said that the latter would be subject to scrutiny.
See a summary of the meaning of a written constitution in the UK – as well as links to a summary of the Prime Minister’s speech on liberty and other documents at:
This follows the publication on 3 July 07 of the Green Paper, “The Governance of Britain”. Gordon Brown said that the Green Paper sets out for “a new British constitutional settlement that entrusts more power to parliament and the British people”. This “routemap” (rather than a “final blueprint”) concerns the shifting of power from the executive to Parliament ( for example through limits on the exercise of prerogative powers such as the declaration of war), and reform of public appointments and the role of the Attorney General etc.
See summary at:
http://politics.guardian.co.uk/constitution/story/0,,2117920,00.html
Governance of Britain Green Paper can be found at:
http://www.official-documents.gov.uk/document/cm71/7170/7170.pdf
Related documents on Ministry of Justice Website:
http://www.justice.gov.uk/publications/governanceofbritain.htm
