Ireland, the Trading for (TA) placed into permanent statute many temporary provisions and introduced a number of new greater security?: measures. Central to the Act was a new definition of terrorism which defined as terrorist, ‘any action or TERRORISM the impact on minority threat of action against a person or property or electronic system communities designed to influence government for the purpose of advancing a political, religious or ideological Christina Pantazis and Simon Pemberton cause’. Concerns exist over the highlight the impact of anti-terrorism broad nature of the definition and the wide range of groups that it legislation on minority communities. potentially captures, especially as the is empowered to ban organisations who they believe are involved in terrorism. This is not an argument about attempts to remould an allegedly Thus, a total of 46 organisations are whether we respect civil liberties outdated criminal justice system – a currently banned including a number or not; but whose take priority. system which is perceived to be ill- of Irish splinter groups opposed It is not about choosing hard equipped to protect the ‘law abiding to the peace process, as well as line policies over an individual’s majority’ from the threats posed by international Islamic organisations human rights. It’s about which ‘global terror networks’. This and so-called ‘liberation’ groups human rights prevail. In making assessment is predicated on New such as the Kurdistan Workers’ Party. that decision, there is a balance to Labour’s belief of the threats posed to Section 44 of the TA introduced wide be struck. I am saying it is time to liberal democracies by the ‘new police powers relating to terrorist rebalance the decision in favour of terrorism’. Accordingly, the criminal investigations, including exceptional the decent, law-abiding majority justice system must be better stop and search powers (s.44). who play by the rules and think equipped to deal with terrorists These allow the police to stop and others should too (, 2006). immune to political negotiation, who search individuals and passengers in are motivated by hate and prepared vehicles in designated areas in order his article questions New to use indiscriminate methods in to search for things in connection Labour’s reconfiguration of causing harm to others. The with terrorism whether or not they Tcivil liberties in the context of characterisation of the ‘new have any grounds for suspecting the the domestic ‘war on terror’. In terrorism’ is problematic in depicting existence of such things. Recent classic New Labour ‘double speak’ the objectives of radical Islamic testimony to the Home Affairs this reformulation does not mean groups as purely motivated by Committee from Assistant Chief undermining rights; it involves a religious fundamentalism rather than Constable Bexley suggests this power reordering of rights which prioritises also having political agendas. is being used in a ‘random way’ to the safety of the ‘law-abiding Nevertheless the ‘new terrorism’ deter terrorist activities. Furthermore majority’ over the civil liberties of ideology has operated to legitimate the Act also now allows for terrorist suspects. Exactly how one the development of a series of without charge for a period of 28 achieves such a balance is unclear draconian counter-terrorist measures days, although the government is without the erosion of the rights of that have signalled a re-alignment of currently committed to extending ‘suspect’ individuals and the criminal justice system toward this to 42 days. communities. Moreover, the ‘pre-emptive’ interventions and Within less than a year of the TA presentation of public safety and ‘incapacitation’ of terror suspects. being enacted and, in response to suspects’ rights as irreconcilable is Whilst these measures have far- the events of 9/11, the UK equally problematic. The recent reaching impacts for the individuals government introduced further anti- experience of the political violence that are subject to them, New Labour terrorist measures in the form of the in connection with has managed to augment Anti-Terrorism, Crime and Security suggests that the perceived and lived considerable populist support for Act (ATCSA) 2001. The most injustices of ‘suspect’ communities these powers. controversial element of the Act targeted by draconian counter- centred on Part IV, giving the Home terrorism legislation does little to Trading civil liberties for Secretary the power to indefinitely ensure greater public safety and may greater security: New Labour’s detain without trial foreign nationals even serve to escalate conflict. legislative response believed to be a national security However, such concerns have Building upon previous (temporary) threat. Thus, following the Act there been cast aside by New Labour’s legislation relating to Northern were at least 18 individuals held in

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rCJM No 73.indd Sec1:12 07/08/2008 08:24:27: British prisons for an indefinite comprehensive, and in some respects and many are not related to terrorist amount of time but whose guilt had most draconian, legislation directed offences. not been established in a British against “terrorism” anywhere in the Moreover, stop and search court of law. This situation was to be world, certainly in Europe’. The most powers are being used increasingly relatively short-lived when in worrying aspect of these and disproportionately against December 2004, the Law Lords ruled developments for civil liberties is the minority ethnic groups. Although that the indefinite detention of guiding principle of ‘pre-emption’ together Black and Asian people TERRORISM foreign nationals without trial was and its consequences for due constitute just 8% of the population incompatible with Articles 5 (right to process. in England and Wales, a quarter of liberty) and 14 (freedom from all searches in 2005/06 under s.44 discrimination) of the European Reconciling civil liberties: involved Black and Asian people. A Convention of Human Rights. The whose liberties are being further 4% were classified as ‘Other’, government responded by replacing traded? possibly capturing people of Middle Part IV of ATCSA 2001 with the An implicit assumption in New Eastern appearance. Racial profiling Prevention of Terrorism Act 2005. Labour’s rhetoric is that the of suspects has become an accepted Now individuals regardless of their ‘law abiding’ majority having policing norm, backed up by the citizenship status, who cannot be nothing to fear from its legislative Home Office and Ministers. Home taken to court, can be served control developments; only those involved in Office guidance includes a statement orders which place restrictions on terrorism or connected to terrorism that “it may be appropriate to take their freedom of movement and should be concerned. However, the into account a person’s ethnic origin association through curfew. Thus reality is somewhat different. Our in selecting persons to be stopped”, although individuals are no longer analysis suggests that these powers whilst (as a Home held in custody, their effective are being used extensively and are Office Minister) justified the incapacitation means that human also disproportionately impacting acceptance of using stop and search rights principles continue to be upon minority ethnic groups and, powers against specific minority undermined. Furthermore, these in particular, Muslim communities. groups, claiming that this “is the orders (and the detention powers Since 2001/02 stops and searches reality of the situation.” Although we which they replaced) represent a shift under the Terrorism Act 2000 have have no way of evidencing from towards pre-emption within the CJS increased dramatically (Table 1). these fi gures whether stop and search where the aim of bringing offenders Stops and searches began to rise powers are disproportionately used to justice is replaced by the need to in 2000/01 (the year the TA 2000 against Muslims, other evidence reduce the risk of terrorism. Further replaced the Prevention of Terrorism (often of a qualitative nature) legislation was to come in the shape (Temporary Provisions) Act, and supports the idea that Muslims of the Terrorism Act 2006, following began rising at an even faster rate individuals feel demonised and also the July 2005 London bombings, from 2001/2002 onwards – the year that they are being targeted by the which among its provisions included of the attacks on New York and the police (Home Affairs Select new criminal offences relating to Pentagon. Thus, between 2001/02 Committee, 2005; Blick et al, 2006; encouragement of terrorism and and 2005/06 there were more than MPA, 2007). dissemination terrorist publications. 163,000 stops and arrests despite In summarising the legislative these powers being exceptional and The public’s perception of civil response taken by New Labour, supposedly being used sparingly. liberties Lustgarten (2004: 9) writes that Moreover, arrests resulting from these There appears to be significant ‘Britain now has the most searches are miniscule (at just 1%) public support for New Labour’s

Table 1: Searches of persons under sections 44 (1) and (2) of the Terrorism Act 2000 by ethnic appearance of suspect, 2001/02 – 2005/06 (Number and percent)

Year White Black Asian Other Not Recorded Total N%No %No% N%No %N%* 2001/02 6,629 78 529 6 744 9 358 4 260 38,520 100 2002/03 14,429 67 1,745 8 2,989 14 1,259 6 1,155 521,577 100 2003/04 20,600 70 2,701 9 3,659 12 1,324 5 1,099 429,383 100 2004/05 23,389 73 2,511 8 3,485 11 1,480 5 1,197 432,062 100 2005/06 30,837 69 4,155 9 6,805 15 1,937 4 809 244,543 100 Note: *Percentages do not equal 100% due to rounding. Sources: Home Office (2003) Statistics on Race and Criminal Justice System – 2003 : A Home Office publication under section 95 of the Criminal Justice Act 1991, London: Home Office; Home Office (2004) Statistics on Race and Criminal Justice System – 2004 : A Home Office publication under section 95 of the Criminal Justice Act 1991, London: Home Office; Home Office (2005) Statistics on Race and Criminal Justice System – 2005: A Home Office publication under section 95 of the Criminal Justice Act 1991,London: Home Office; Ministry of Justice (2007) Statistics on Race and Criminal Justice System – 2006: A Ministry of Justice publication under section 95 of the Criminal Justice Act 1991, London: Ministry of Justice

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rCJM No 73.indd Sec1:13 07/08/2008 08:24:27: trading of civil liberties for However, they suggest that these replacing the current characterisation supposedly greater security. Johnson events have served to consolidate of the ‘new terrorism’ with a more and Gearty (2007) report that around support for the introduction of nuanced understanding of radical 80% of respondents in the British counter-terrorism measures at the Islamic groups; and second, ensuring Social Attitudes Survey believed expense of personal freedoms. They that the historical lessons in the use that the ‘use of surveillance against note this support is likely to be of counter terrorist measures from terrorist suspects’, ‘putting suspects predicated on the assumption held Northern Ireland are not forgotten. TERRORISM under special rules’, ‘allowing the by many that these powers will be police to detain suspects for more used against ‘others’ and not Christina Pantazis is Senior Lecturer and than a week’ were ‘a price worth themselves. It is therefore Head of the Centre for the Study of Poverty paying.’ These fi ndings mirror unsurprising that those who are more and Social Justice, University of Bristol. those conducted by other polls. For likely to experience or have Simon Pemberton is Lecturer in Social Policy at the Centre for the Study of Poverty and example, in the aftermath of the experienced the use of these powers, Social Justice, University of Bristol. July 2005 London bombings and or know someone who has, will hold following Tony Blair’s announcement these rights more dearly than others. of further anti-terrorism measures, Thus, when compared to the general References 73% of those surveyed by The population, Muslims report greater Guardian/ICM (2005) believed that it concern about recent developments: Blair, T. (2006), Tony Blair: our nation’s was right to lose some civil liberties 81% (compared to 58%) thought it future – criminal justice system, Bristol University, June 23rd, www.pm.gov.uk/ to improve Britain’s security against was unacceptable for the police to output/Page9737.asp. terrorist attacks. The same survey view Muslims with greater suspicion reported 45% of the sample was in because the 7/7 bombers were Blick, A., Chaudhury, T., and Weir, S. (2006), The Rules of the Game: favour of banning organisations that Muslim (/INT News, Terrorism, Community and Human promote radical Islamist views, even 2006); and 57% (compared to 17%) Rights, York: Joseph Rowntree in the case of non-violent groups, thought it was wrong for the police Foundation. 62% supported making it easier to act to pre-empt potential terrorist Guardian/ICM (2005), Opinion poll, to deport foreign nationals who attacks, even if the intelligence, August 12th-14th. spread radical Islamist views even information and warnings may turn Guardian/ICM (2006), Muslims poll, June if it means sending them back to out to be wrong (/ICM, 16th-21st. countries who use torture, and 69% 2006). Home Affairs Select Committee (2005) believed that police should have Terrorism and Community Relations, the power to detain suspects for up Conclusion Sixth Report of Session 2004-05, to three months. More than half of New Labour has legitimated Volumes 1, II and III, House of those surveyed disagreed with judges its draconian counter-terrorism Commons, London: HMSO. overturning decisions made by the legislation through the exploitation Johnson, M. and Gearty, C. (2007), ‘Civil government on matters of national of a longstanding decline in the liberties and the challenge of terrorism’, security. popularity of civil liberties, as well as in (eds) A. Park, J. Curtice, K. Thomson, Johnson and Gearty (2007) recent terrorist attacks. Supporters M. Philips, and M. Johnson, British Social observe that the high levels of of civil liberties need to engage in Attitudes: Perspectives on a Changing support for counter-terrorism this debate over the reformulation Society (23rd Report), London: Sage. legislation, should be viewed in the of rights in order to challenge the Authority (2007), context of declining support for civil public’s growing intolerance towards Counter-Terrorism: The London Debate, liberties over the last 25 years, ‘a civil liberties. Two strategies may London: MPA. trend that predates 11th September help to undermine the hegemonic Times/ITN News (2006), Poll, June 2001 and 7th July 2005’ (p.169). dominance of these ideas: fi rst, 1st-16th.

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