Rolling back unnecessary powers
This long-awaited Bill aims to fulfil a Coalition commitment to reverse the erosion of our civil liberties that we have seen in recent years. Heralded by the Deputy Prime Minister as the vehicle by which the Coalition would “restore Britain’s traditions of freedom and fairness”, Liberty had high expectations of the Bill.
We were pleased to see progressive proposals on the collection and retention of biometric information, stop and search without suspicion, the right to trial by jury, restrictions on disproportionate and intrusive surveillance powers, a permanent reduction of pre-charge detention to 14 days and changes to the vetting and barring scheme to make it a more targeted, proportionate system. These developments are a significant step in the right direction, but more will need to be done if the Bill is to live up to its ambitious title.
Liberty is disappointed that the Government did not take the rare opportunity presented by this Bill to address other areas of real concern such as the administrative detention of non-nationals, the discriminatory and degrading ‘Mosquito’ device, or overbroad counter-terrorism measures not encompassed in the Home Office Counter-Terror Review.
House of Commons
11.02.2011
1.First reading
11.10.2011
5.Third reading
House of Lords
12.10.2011
6.First reading
12.03.2012
10.Third reading
20.03.2012
11.Consideration of amendments
01.05.2012
12.Royal assent
Part 1 of the Bill will make changes to the retention of DNA and other biometric information
Part 2 introduces changes to better regulate CCTV and surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA)
Part 3 addresses disproportionate enforcement action in relation to powers of entry and vehicle clamping
Part 4 brings into force already announced changes in relation to counter-terrorism, including reducing the pre-charge detention limit and reforming stop and search without suspicion powers
Part 5 addresses the vetting and barring scheme under the Safeguarding Vulnerable Groups Act 2006, makes changes to criminal record checks, and allows for certain convictions for buggery to be disregarded
Part 6 proposes changes to freedom of information legislation, and the role of the Information Commissioner
Part 7 reinstates the right to trial by jury in relation to complex fraud trials.
Part 2 introduces changes to better regulate CCTV and surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA)
Part 3 addresses disproportionate enforcement action in relation to powers of entry and vehicle clamping
Part 4 brings into force already announced changes in relation to counter-terrorism, including reducing the pre-charge detention limit and reforming stop and search without suspicion powers
Part 5 addresses the vetting and barring scheme under the Safeguarding Vulnerable Groups Act 2006, makes changes to criminal record checks, and allows for certain convictions for buggery to be disregarded
Part 6 proposes changes to freedom of information legislation, and the role of the Information Commissioner
Part 7 reinstates the right to trial by jury in relation to complex fraud trials.
Part 1 of the briefing sets out Liberty’s position on DNA retention and proposed amendments to Part 1 of the Bill. Clauses 1-25 amend current law on the taking, retention and use of DNA and fingerprints. The major amendments in respect of DNA respond to the European Court of Human Rights (ECtHR) ruling in the case of S and Marper v the United Kingdom1 (Marper) in which Liberty intervened. This is an area in which Liberty has long been campaigning and given the importance and complexity of this topic we have taken the opportunity to provide this separate briefing and set of suggested amendments for parliamentarians.
Liberty's Briefing on Chapter 1 of Part 2 of the Bill deals with the issue of CCTV and state surveillance and proposes a new scheme to strengthen regulation of both publicly and privately operated surveillance technology.
Liberty's Briefing on Chapter 1 of Part 2 of the Bill deals with the issue of CCTV and state surveillance and proposes a new scheme to strengthen regulation of both publicly and privately operated surveillance technology.
Our briefing and suggested amendments on Parts 1 and 2 of the Bill cover the proposed reforms to the
retention of innocent people’s DNA and the regulation of CCTV. While in both
areas the provisions of this Bill represent an improvement on current law, the
Government’s reforms do not go far enough. This is especially the case in
relation to DNA retention. In the Coalition’s 2010 Programme for Government, it
pledged “we will adopt the protections of the Scottish model for the DNA
database”. The scheme set out in this Bill falls far short of this pledge and
will allow many more innocent people to have their DNA retained than is
permitted under the Scottish system. Our suggested amendments, if adopted, would
fulfil the Government’s earlier pledge. Further, as the Bill made its way
through Committee Stage in the House of Commons, the Home Office Minister
clarified that the Government is not intending to provide for the deletion of
DNA profiles of innocent people but rather their anonymisation. This represents
a significant u-turn on previous commitments to delete the DNA profiles of
innocent people. We urge parliamentarians to press the Government to amend the
Bill in line with its earlier promises.
Our briefing and suggested amendments to Parts 4 and 7 of the Bill cover reforms to exceptional stop and search without suspicion, the right to jury trial and the protection of peaceful protest.
Our briefing and suggested amendments to Parts 4 and 7 of the Bill cover reforms to exceptional stop and search without suspicion, the right to jury trial and the protection of peaceful protest.