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| Government's Rushed Anthrax 'law': Questionable whether it's legal, democratic or effective 21 Oct 2001 John Wadham, Director of Liberty:
"This looks an extraordinary way to go about introducing an emergency measure. What we need from government is careful, well-considered measures to tackle our current problems, properly scrutinised by Parliament - not rushed, ill-thought measures that cut across the basic principles of democratic government and the basic rule of law.
"This cannot be the best way to go about defending a democratic society.
1. It's a traditional principle of English/British law, and of our constitution (reflected also in principles of European Convention) that you don't make retrospective law so you can punish people more severely for offences they've already committed.
2. If, as is being reported, the Government is introducing this without at least consulting parliamentary leaders, then it suggests the PM is just assuming Parliament will do his bidding and not take an independent view. That seems to undermine Parliament's authority and the democratic process
3. This extension of the law also needs very careful definition - have they yet defined exactly what new offences will be covered? Has this really been thought through yet?
4. Hoaxing is serious and alarming, an irresponsible and stupid thing to be doing at this or any time - but is this a proportionate or effective way of tackling it? Deterrence is usually measured less by the relative severity of the sentence than by people's assessment of whether they'll get caught.
5. Why exactly, since the Government prepared this measure last week, did they not tell anyone - Parliament or public - about it until the Sunday papers, so no-one has any warning? How can that be in the public interest?
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