Thursday, January 27, 2005

Blair's Enabling Act

Today I've been reading details of the UK equivalent of the US Patriot Act, the new addition to the UK constitution, the Civil Contingencies Act. Passed on the 18th November 2004, the Act is legislation that allows for the implementation of a Police State under a State of Emergency.
While the mainstream media was making a front page flap over the Hunting Ban last year, just a few column inches on the same day were given to the new legislation that has far reaching consequences for everybody living the UK. Blair's Enabling Act.
This is law that we are told is going to "protect" the population from the so-called terror threat. What does it actually do?
Concerns were expressed back in 2003 when the draft bill was produced.
Dr Lewis Moonie MP, Chairman of "an all-party Committee of MP’s and Peers, set up to examine and report on the draft Civil Contingencies Bill" said:

"In defining emergency powers, the Government has come up with a one-size-fits-all Bill for every possible scenario.

We are concerned that as a result the draft Bill does not provide adequate safeguards to protect against the misuse of emergency powers. In the wrong hands, it could be used to undermine or even remove legislation underpinning the British Constitution and infringe human rights.

[...] The draft Bill defines an emergency as an event which presents a "serious" threat to: human welfare, the environment, political, administrative, or economic stability; and the security of the UK or part of it. We believe that the definition is too subjective and loose, especially in Part 2 where it could trigger substantial emergency powers. We suggest that key terms, such as "serious", "essential" and "stability" must be defined within the Bill and that robust safeguards appear on the face of the Bill."


Take a look at the following definition of emergency as it appears in the Act:

1 Meaning of "emergency"

(1) In this Part "emergency" means-

(a) an event or situation which threatens serious damage to human welfare in a place in the United Kingdom,

(b) an event or situation which threatens serious damage to the environment of a place in the United Kingdom, or

(c) war, or terrorism, which threatens serious damage to the security of the United Kingdom.

So, from the definition of Emergency above, taken from Chapter 36 , it's stated that a State of Emergency can be declared on threat of serious damage to human welfare, among other things.
The term "serious" isn't defined. What is the definition of "human welfare"?

(2) For the purposes of subsection (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause-

(a) loss of human life,

(b) human illness or injury,

(c) homelessness,

(d) damage to property,

(e) disruption of a supply of money, food, water, energy or fuel,

(f) disruption of a system of communication,

(g) disruption of facilities for transport, or

(h) disruption of services relating to health.

I can think of endless examples of natural and manmade events, many that have happened or have threatened to recently, that would fit the above catagorisations.
So, how long would a lock-down under a State of Emergency last once it is declared?

26 Duration

(1) Emergency regulations shall lapse-

(a) at the end of the period of 30 days beginning with the date on which they are made, or

(b) at such earlier time as may be specified in the regulations.

Okay, emergency regulations will lapse after 30 days, but wait...

(2) Subsection (1)-

(a) shall not prevent the making of new regulations, and

(b) shall not affect anything done by virtue of the regulations before they lapse.

And new regulations can be created by a senior Minister of the Crown, which includes the Prime Minister, based on a subjective assessment of conditions, as outlined in Section 21.
So there you have it. I've examined just one potential conditon and followed it through to show that the definitions of emergency and response are open to a subjective interpretation that cannot be challenged. The rest of the Act is no different. Check it out for yourself. On threat of distruption or damage to something or someone somewhere, Blair can declare a State of Emergency which may last 30 days, but can be extended indefinitely, or instituted permanently by legally amending the constitution before this period is over. Feel any safer now?

1 Comments:

Blogger finnegan said...

If it weren't for Blair following along with BushCo, there might not have been all the killing in Iraq.

This new bill just shows what reprehensible lackeys the British Government have become.

5:56 PM  

Post a Comment

<< Home