Following today's
pathetic statement by the Speaker of the Commons, Michael Martin, where he
failed to accept responsibility for the failings of his office, for those
who work for him, where he failed to ask the basic question of the police
action, did they have a warrant, and where he failed to take any positive action
for a further 5 days and even then leave it to a government who began
this crisis to set the terms of a motion.
 
It is therefore
fitting in this light that I offer the following, written by The
Diary of a Geek in Oxfordshire
, to whom I give full
credits.
 
 
 
BRITISH FREEDOM
1215AD – 2008AD
RIP
“NO Freeman
shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or
free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will
We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or
by the Law of the Land.”

It was announced last
night
that British Freedom had died, aged 797, following an eleven-year
battle against cancer.

Despite a valiant
struggle, Freedom finally succumbed with the use of counter-terror police to
arrest an Opposition Minister for leaking information NOT related to National
Security

Born in 1215 with the signing of Magna Carta, British Freedom
long stood as a bulwark against totalitarianism in other nations, and was
instrumental in the spreading of similar freedoms to other parts of the
world.

Since 1997, however, Freedom had become increasingly diseased,
with the increasing misuse of power by an authoritarian regime. Symptoms
included the encroachment
of a Database State
, an increase in CCTV
monitoring reaching 1 camera per 15 people
, the indiscriminate
monitoring of communications
and a blatant attempt to control
the information
British Subjects receive.

However, the event that
brought about its last breath was the use of our political Police to arrest an
Opposition politician, allegedly over the leaking of four pieces of
information:

1. Jacqui Smith knew
5,000 illegal workers had been granted licences.
2. An illegal immigrant was employed as a
cleaner in the Commons.
3. A list of
potential Labour rebels on 42-day detention of terror suspects.
4. A letter from Jacqui Smith to Gordon Brown
warning recession could lead to more crime.

This, of course, completely ignores the fact
that NOBODY was investigated or arrested for the leaks
to Robert Peston
which, upon their release, so strongly affected the Stock
Market. Or the rampant leaking of the PBR.

The ZanuLabour hand (or, more
accurately, the ZanuLabour Stalinist
Clunking Fist
) is so obviously behind this that their pathetic
denials are completely unbelievable
. Damian Green is probably the first
politically-motivated arrestee outside Wartime in this country since the Civil
War.

Freedom has died. Stand by for the imposition of the Civil
Contingencies Act and the long reign of President-for-Life Brown.

 
 
.
 
 

Spyblog has been very persistent on our behalf and have finally received some of the answers with regard to the limits of police power on Stop and Search and Photography in public places.

The
National Police Improvement Agency, on behalf of the Association of
Chief Police Officers has now issued some updated advice:

Practice Advice on Stop and Search in relation to Terrorism (.pdf)

Every person searched under section 44 should be told explicitly that they are not
suspected of being a terrorist.

This is rather misleading, since if you are stupid enough to allow
the Police conducting a Terrorism Act 2000 section 44 stop and search
to take your Name and Address etc, something which they have no power
to demand under that particular section, but which they very often
attempt to do, especially when completing the cumbersome paper Stop and
Search Form (or the new, supposedly quicker electronic version), you
will eventually have this data logged on an electronic database, which
may well be handed over in bulk to foreign police and intelligence
agencies.

This information could also be disclosed , to your detriment when
applying for jobs, in future Criminal Records Bureau Enhanced
Disclosures.

The “Good News” is that this NPIA / ACPO practice advice, which must
surely form the basis of the training and operational briefing of
Police Officers, specifically re-iterates that there are no restrictions on Photography or Digital Imaging conferred by the Terrorism Act 2000.

2.8 PHOTOGRAPHY

The Terrorism Act 2000 does not prohibit people from taking photographs or digital images
in an area where an authority under section 44 is in place. Officers
should not prevent people taking photographs unless they are in an area
where photography is prevented by other legislation.

If officers reasonably suspect that photographs are being taken as
part of hostile terrorist reconnaissance, a search under section 43 of
the Terrorism Act 2000 or an arrest should be considered. Film and
memory cards may be seized as part of the search, but officers do not
have a legal power to delete images or destroy film. Although images
may be viewed as part of a search, to preserve evidence when cameras or
other devices are seized, officers should not normally attempt to
examine them. Cameras and other devices should be left in the state
they were found and forwarded to appropriately trained staff for
forensic examination. The person being searched should never be asked
or allowed to turn the device on or off because of the danger of
evidence being lost or damaged.

The only places where such “other legislation” currently seems to apply
are “Prohibited Places” e.g. Military Bases, Licensed Nuclear Sites,
Airports and offices owned by the Civil Aviation Authority e.g.
Heathrow, offices or Telephone or Internet Exchanges owned by
Communications Service Providers.

This list of Prohibited Places no longer includes many Government buildings and offices which have been sold off and leased back under Public Finance Initiatives etc.

It is possible for a Secretary of State to specifically “declare” a
site as a “Prohibited Place” under the Official Secrets Act 1911, but,
currently there do not seem to be any such special designations in
force – see the results of our FOIA request: Current Prohibited Places under the Official Secrets Act 1911

The suggested Aide Memoire for Police Officers (i.e. sworn Police
Constables in Uniform, or Police Community Support Officers who they
are directly assisting them with the mechanics of a search, but not those PCSOs acting without a real Police Constable being physically present):

General Points

Terrorism powers must never be used for matters that are not related to terrorism.

Officers should take care to correctly record the power used on the
record of search. Officers searching under section 44 of the Terrorism
Act 2000 (but not section 43) can require subjects to remove footwear
and headgear in public. (Officers should be aware of cultural
sensitivities when requiring people to remove headgear .)

There is no power to stop people taking photographs or digital images in public places under the Terrorism Act 2000.

Terrorism powers of search should be conducted in accordance with the principles of Code A of PACE

It is interesting to note that the NPIA / ACPO seem to mandate some
form of Community Impact Assessment, and telling the local Police
Authority about areas which are subjected to the extraordinary
Terrorism Act 2000 section 44 stop and search without reasonable
suspicion powers, especially where they get renewed over and over again.

Communities should be informed of the existence and
location of a section 44 authorisation – unless it is not operationally
appropriate

This contrasts with the Home Office's refusal to divulge simply the approximate geographical extent and the times and dates of where and when these extraordinary, temporary powers, are in force. They are refusing to disclose any such information at all.

We have been waiting over a year for the Information Commissioner's
Office to look into this stupid and counterproductive unnecessary
secrecy for what is meant to be a deterrent power, exercised in public.
- see our Spy Blog UK FOIA request category archive HO Terrorism Act 2000 s44 Authorisations

The Damian Green affair is slipping down the news schedules in the mainstream media. This is an outrage. One can only imagine the fury that would have greeted the arrest by anti-terror police of an Opposition front-bencher during Margaret Thatcher's reign. Yet with New Labour in power, the story dominates the headlines for a day before slipping into obscurity.

This cannot be allowed to happen. Naturally, it suits the government very well to have the story disappear: Only yesterday it seemed that the very worst that would happen would be the resignation of Speaker Michael Martin. Yet if the case slumps further down the headlines Labour might get away Scot-free.

However, it won't just be Gordon Brown and Jacqui Smith who will breathe a sigh of relief if the press pack moves on to new feeding grounds after parliament re-opens tomorrow. For the Opposition leader David Cameron, the Damian Green affair risked provoking the sort of Constitutional crisis he has striven to avoid as Conservative leader.

Cameron, a former PR man, probably reckons he has done the right thing. An outraged article in the News of the World on Sunday. Plenty of outrage in the other papers and grave mutterings that “something must be done.”

We remember the same bluster after Gordon Brown signed the EU's Lisbon Treaty: But no promises of a reversal of Brown's betrayal followed. Similarly, Conservatives have expressed outrage at several other Labour introductions, but have made no pledges to overturn or abolish previous legislation.

Labour has set about wreaking havoc on a Constitution which has taken hundreds of years to develop – yet the Conservatives under Cameron are frightened to strike out legislation written only in the past decade!

Some columnists are aware of the scale of the damage the anti-terror raid on Damian Green's home and offices caused.

Henry Porter explains that no one foresaw that Green's young daughter arrived
from school to find her home swarming with police. Why is it so
important to the symbolism of the affair? Because her appearance allows
the police to enter her name on the Merlin database which requires them to take the details of children who come to their attention when a premises is being searched.

In the Independent, Bruce Anderson describes it as “a terrorist attack on civil liberties.”

Anderson also ties the Green arrest into incremental attacks on civil liberties carried out over the New Labour decade:

“Yet good may come of it. If this official insolence awakens us to the twin threats, to civil liberties and to Parliament, the Green family will not have suffered in vain. In recent years, despite the growing evidence of increasing danger, many of us have been slothful and complacent. Not any more. It may have seemed as if the British lion had joined the lion of St Mark in a neglected museum of extinct grandeur. Not any longer. Our lion is reawakened and it is ready to roar.

“Its claws have plenty of targets. In recent years, it has been impossible to open a newspaper without reading about some new attempt by Her Majesty's formerly obedient servants to undermine some traditional custom or freedom. Carol services are under threat. Musketeers had been firing their weapons for more than 400 years without any threat to the Queen's peace. Some jobsworth decides that a child might be frightened. Banned. Local government employees tell a joke which Jonathan Ross's scriptwriters would reject as absurdly tame. Sacked.

“At a time when the public finances are desperately overstretched, it appears that thousands of civil servants are employed to search out customs, pleasures and decencies which the British have peaceably enjoyed for centuries and prohibit them. Up to now, this has all happened gradually, imperceptibly. Hunting might have provoked a revolt – but the hunters had a better idea. They just carried on regardless. Parliament is not going to carry on regardless. It helps that Damian Green is popular and respected; there is outrage on all sides.”

Wishful thinking? We have seen this before – though it is up to the Conservative Party to give the people a lead, and they show no sign of showing they are up to the task. In the Daily Mail, Richard Littlejohn argues that the Green affair is no “Westminster Story” of interest only to those in Britain's equivalent of the Beltway.

“People are talking about it in pubs, in hairdressers, in bus queues”, he writes, “And frankly, they're frightened. If this kind of totalitarian treatment can be meted out to a member of the Shadow Cabinet, where does it leave the rest of us? That's the crux of it.”

Littlejohn demands radical action from the Conservatives along the lines that EURSOC and Archbishop Cranmer recommended on Monday:

“The Conservatives will have to force the issue. Unless, at the very least, the Prime Minister makes a grovelling apology in the House and delivers up the heads of Smith, (Home Office lackey David) Normington and Gorbals Mick (Michael Martin, Speaker) on a silver platter, they should resign their seats en masse and offer themselves for re-election. That's the real nuclear option.

“Nick Clegg seems genuinely horrified at Green's arrest, so he should encourage his Liberal MPs to do likewise.

“The Queen would have no option other than to dissolve Parliament. The alternative is another 18 months of hubristic, slash-and-burn Labour Government and the further trampling of our historic liberties.”

Doubtless MP David Davis would counsel this course of action, but it seems just too revolutionary for Cameron, who has modelled his Conservatives as a centrist, consensus party unwilling to frighten the horses.

What, then, would Cameron make of the alarm raised by The Sun's influential columnist Trevor Kavanagh, who warns,

“Police chiefs are a law unto themselves. And they are out of control.

“The Government’s kneejerk abuse of anti-terror laws as a political weapon is increasingly sinister.”

Like Bruce Anderson and this site, Kavanagh believes that Damian Green's arrest could be the climax of years of growing disdain for civil liberties under this government – and that it could also be a turning point for dissent.

It uses (anti-terror laws) on any pretext – even freezing the economy of friendly Iceland recently when its banks went bust.
Faceless town hall officials use counter-terrorism as a pretext for spying on our garbage bins and school runs.
Soon, unelected snoopers will be able to pry into our mobile calls, text messages and emails.
These are the alarming consequences of an authoritarian regime that sees the state as paramount and the people as pygmies.
…What we are seeing today is the arrogance of a buck-passing, secretive political class who see criticism as tantamount to treason.

Much as Labour and its tame press would love this story to go away, it is good to see that some at least demand it remains in the public eye.

Hattip Eurosoc