Gordon Brown, earlier this month, used anti-terrorism legislation to freeze Icelandic assets in Britain, in response to their government failing to guarantee British deposits in their faltering banks. My links with Iceland begin and end with the purchase of frozen foods from that nation’s commercial namesake. But it still troubles me deeply. We should be profoundly concerned at the use of anti-terrorist legislation for political and economic ends. This is at the heart of fears about the extent of the powers the state has claimed since the attacks of 11 September 2001.
The British government has demonstrated precisely why civil liberties campaigners have been so concerned at the demands of Labour to trade our liberties for the promise of greater security. New terrorist legislation has – rightly – been considered in the post-9/11 world. Yet anxieties that counter-terrorist legislation should be given checks-and-balances, and justified as a necessary trade of liberty for security, are dismissed in a cavalier fashion by New Labour. A casual use of anti-terrorism powers for completely different ends is the most obvious symptom of that attitude.
A minister, Geoff Hoon, recently told Lib Dem MP Julia Goldsworthy that “the biggest civil liberty of all is not to be killed by a terrorist”, when she spoke out against a new database of all British citizens’ communications records. He is, of course, right in suggesting that we should contemplate and weigh up any options that would significantly reduce the chance of a terrorist attrocity. However, deciding where the balance lies between the likelihood of thwarting a terrorist, and surrendering the very way of life those terrorists seek to undermine, is a question he should treat with greater respect.
The rights and wrongs of Icelandic financial institutions are irrelevant to the fact that Brown abused legislation intended for very different purposes. This should profoundly worry anybody who cares about good governance. By using anti-terrorist legislation as a convenient way to respond to the global banking crisis, the British government have demonstrated why we should fear their cowboy attitude to checks-and-balances, and to the careful drafting of specific powers for specific purposes.
Anti-terrorist legislation should be used against terrorists. This seems a pretty reasonable assertion. Iain Dale has highlighted an Icelandic petition against this perverted contortion of the Terrorism Act, which spurred me to write on the topic. What worries me the most is that this ‘thin end of the wedge’ can be (and is being) replicated in the state’s use of other terrorist legislation. For example, new terrorist laws provide police with the powers to stop and search individuals, even if they actually do so for reasons unrelated to suspicion of terrorist offenses. Local councils have also been exposed using counter-terrorist powers to intrude into Britons’ privacy, to investigate matters wholly unrelated to acts of terror.
If we want to give our government the power to freeze Icelandic assets, or to give our police officers those powers in other criminal matters that they have been given in terrorist matters, then let’s debate and consider laws in parliament that openly permit those ends.
By abusing anti-terrorist legislation in non-terrorist situations, the government confirms precisely why we should not shut up and accept, without scrutiny, new laws. I happily accept numerous curbs to my civil liberties that I think protect myself or others in society from crime, terrorism or suffering, and have done so before and since 9/11. However, some sacrifices of liberty are so great, in comparison to the likelihood of them averting harm to others, that the trade would be mistaken. A sensible balance must be struck between tangible security and tangible liberty.
When such trades are made, they must be made honestly and openly, and not as ways to grab power for purposes other than the thwarting of terrrorism. Laws that were justified solely on the basis of counter-terrorism should be used only for counter-terrorism. If the same powers are required, in the judgement of the government, for other ends, then the case must be made afresh, and the power justified on their own terms, not beneath the cloak of anti-terrorism.
A civil society cannot operate on the basis of laws being abused in circumstances they were never intended for. We must pass – and operate – the laws of this country in a way that prevents their abuse by the government of the day for political or mischievous ends. It is playing politics with people’s lives to undermine the anti-terrorist case for anti-terrorism laws (as they do or do not exist in different cases) by then bending them to other uses. Make the case for what can save lives, and don’t then cheat the British people by using it for other causes.
Calling wolf in matters of public security is reckless, probably dangerous, and definitely cowardly. Extraordinary powers justified because of the terrorist threat should be limited to that purpose. We may otherwise, one day, refuse a law that is justified, because we’ve been conned and duped in earlier instances.
Gordon Brown, by going after the Icelanders, has confirmed the fears of every civil libertarian who ever dared to question Labour’s grab for power in the name of quashing terrorism. The Icelanders’ example is as important to questions of anti-terrorism as it is to finance. It reminds us not to issue blank cheques in our laws, and not to lend, to the politicians who would mortgage it, more of our liberty than they can credibly request.
6 Comments
[rhetorical?]If a government is committed to using all means necessary to protect its citizens and their assets, and that government finds at a time of stress that an unintended consequence of some anti-Terror law or other is a very snappy means to freeze the assets of rogue banks who have been spreading fear and loathing in a civilian population, wouldn’t it be rather stupid to try and possibly fail closing the door with some more cranky legislation?
If anyone is being dubbed Terrorist by this use of this law it is clearly not Icelandic citizens who are also experiencing Terror at the hands of these banks … Doh! It is the terrifying stop-at-nothing al-Geyser banks.
But even that is a pretty silly construct. To avoid repetition of this scenario the government might like to transfer the powers in this law into into a Finance Act and probably will do so. But in the meantime isn’t this rather a case of swords into plough shares? [/rhetorical?]
We expect cloudy hysteria from retro-Dale. But sunny intervals from progressive LDV.
Strictly speaking it wasn’t anti-terrorism legislation. It was the Anti-Terrorism, Crime and Security Act 2001, s 4. This section comes under Part II, entitled “freezing orders” and terrorism is not mentioned anywhere in this part of the Act.
For the Treasury to issue a freezing order, it’s only necessary that a foreign national or nationals (and it expressly includes governments) have taken or might take “action to the detriment of the United Kingdom’s economy” or tcaused harm to the life or property of a UK national. Most other parts of the Act, the sections on asylum & immigration, control of pathogens and toxins etc, so make express mention of terrorism.
However, overall the legislation is best known for its anti-terrorism provisions, and it’s trailed as such on the Home Office website. The question therefore becomes a deeper one – how many more sweeping illiberal powers, which can affect any foreign power or individual the government pleases on the broadest of bases, are hidden away in so-called anti-terrorism legislation?
http://www.opsi.gov.uk/acts/acts2001/ukpga_20010024_en_1
This issue about using “anti-terrorism” legislation to freeze the assets is a red herring. It sounds good but the fact that the press have run it like they have is really a result of their general ignorance and failure to check things properly.
The real problem is the tendency of the govenrment to bundle lots of things together in one convenient Bill. This saga (!) should teach them a lesson but it won’t.
Tony Greaves
Chris Paul wrote:
“If a government is committed to using all means necessary to protect its citizens and their assets,”
Is the government committed to using all means necessary to protect Gary McKinnon?
Or does the government’s commitment stop when it receives an order from “Big” Dick Cheney?
Alix – Thanks for picking up on the specific section. I think the general point stands, as you suggest, given that this bill was hardly the sensible place for new finance powers to be well-debated and considered.
Anti-terrorist legislation should not be used to sweep through “useful” powers.
As Alix says and Greavsy echoes the “Anti Terror Law” line is a red herring. The Gary McKinnon case also falls into that red and fishy category IMO. The judiciary are in charge of that.
g there is a good case for being thankful for the powers, while their bundling does allow asses like Dale to create teacup storms the sensible among us should be countering that tendancy.