MPs and peers have renewed calls for the government to rethink police stop and search powers, ahead of a House of Lords’ debate.
The Terrorism Act 2000 (Remedial) Order 2011 (SI 2011/631), in force since March, gives the police powers to stop and search without reasonable suspicion. It was made by the Home Secretary following the European Court of Human Rights’ ruling, in Gillan and Quinton v UK (App No 4185/05), that the powers were too broad and lacked adequate safeguards, in breach of Art 8.
A report by the Joint Committee on Human Rights, published this week, calls on the government to amend the order to make explicit that the authorising officer must have a reasonable basis for his view that the stop and search is necessary and proportionate to prevent an act of terrorism taking place. It recommends that a judge be required to give prior authorisation to an Order, and that all references to “random” searches be removed.
Dr Hywel Francis MP, the chair of the Committee, said: “We remain concerned that, as it stands, without tighter definition of the power and stronger legal safeguards, the Order will not prevent future legal challenges.”
Both Houses of Parliament must agree the Order by 14 October or it will lapse. It is due to be debated by the House of Lords this week.
In July, home secretary Theresa May rejected a recommendation from the Committee for further safeguards. On the same day, David Anderson QC, the independent reviewer of terrorism legislation, published his concerns that the safeguards were not strong enough to prevent human rights violations.
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