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Gordon Brown is facing a new battle over key anti-terrorism laws this week with the High Court set to rule against powers to freeze suspects’ bank accounts.
Five men who deny any link to terrorism and have no previous convictions are challenging the Government’s powers to freeze bank accounts, stop benefit payments and control the spending of people it has designated terror suspects.
The judgment is to be delivered on Thursday by Mr Justice Collins. If the Government loses, The Times has learnt that it is considering rewriting the Counter-terrorism Bill to include asset-seizing powers.
Thursday’s ruling could exacerbate the tension between the Government and judiciary. Last week the High Court ruled that the extremist cleric Abu Qatada could not be deported to Jordan because he would be at risk of torture.
The counter-terrorism legislation is already at the centre of controversy over proposals to lengthen the time that a suspect can be detained without charge to 42 days.
The power to designate people as terror suspects and freeze their finances was introduced without parliamentary debate by Mr Brown when he was Chancellor. He has declared that the Treasury has become a “department for security”.
Treasury officials maintain two lists of suspects — thought to number around 70 people in total — and have frozen bank accounts containing around £500,000 in all.
Mr Justice Collins indicated his concern this month during a hearing when he described elements of the sanctions as “unfair and not proportionate”. He criticised the requirement for designated suspects to apply to the Treasury for a licence before they could get legal advice about the designation.
The judge said that it was “totally unacceptable” that a suspect “needed a licence from the Executive and body imposing the sanctions”.
The challenge to the sanctions regime has been brought by five men identified in court only as A, K, M, Q and G. They were notified of their designation in identical letters that stated: “The Treasury has reasonable grounds to suspect that you are, or may be, a person who facilitates the commission of acts of terrorism. In the light of the sensitive nature of the information on which this decision was taken we are unable to give you further details.”
Under the sanctions, the men must apply for basic expenses licences from the Treasury to get spending money of £10 per week.
Officials in the Treasury monitor the suspects’ grocery bills and decide whether they are allowed to accept gifts. Anyone found to have given a designated suspect an “economic resource” is liable to prosecution and a jail term of seven years. Lawyers for the men say that the orders – Britain’s interpretation of two United Nations Security Council resolutions – are unlawful on several grounds.
They argue that it is unconstitutional for the Government to have accrued the powers to freeze assets through Orders in Council rather than parliamentary legislation. The effect was to give the Government power to impose stringent sanctions on individual citizens without parliamentary debate.
Similarly, the men argue that the introduction of a criminal offence of assisting a designated person should not have been carried out without proper parliamentary scrutiny.
They also claim that the Government acted illegally by going farther in its measures than the UN intended and may have exceeded its powers under the United Nations Act 1946. Another argument is the lack of an appeal mechanism through the courts.
The suspect G was told that he had been designated by the UN Sanctions Committee and would have to appeal to it if he wanted his name removed.
He has found it impossible to appeal because he is not allowed to see the evidence that led to his designation, and he cannot discover who sits on the committee. He has also learnt that the Government, through which he is expected to lobby the UN, is the body that recommended that he be designated as a terror suspect.
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Such draconian measures are being used against UK subjects in the UK with no terrorist links at all. The US Administration extended their Blocked Persons lists to include not only terrorists but US criminals and any entity where they have a shareholding of 50%. No legal recourse or appeal!!!
Frances, Kent,
What is happening? I thought I was a diehard Labour supporter. But this, 42 day detention and the 10p tax... I just cannot understand. What has happened? Who can a progressive person vote for in this society? Who can we trust to uphold liberal safeguards for society??
Adam Schoenborn, London,
The Scots have ditched the Labour party, led be Scots for the last eleven years or so, also the Conservative party, led by Cameron, with Scottish parents. Is it not time we ditched these Scots who obviously are incapable of running our affairs.
Tomorrow, St George`s Day would be a good day to start
Ray Groutage, Ringwood, Hampshire, England
Why do most of these 'terrorists' live on benefits? Are we actually paying them to plot against us? I think that I shall become a 'terrorist'. Perhaps the government will freeze my mortgage, overdraft and bank loan. I wouldn't mind a holiday to Jordan. I haven't been able to afford one for years
Gerard Beattie, Worcester, Worcestershire
This isn't even about whether you think terrorists should have their accounts frozen but about the rule of law and democracy. If people think this is a good idea, it should be debated in Parliament. If the Government thinks someone is a terrorist, it should prove it in the courts.
Alex, London,
"No previous convictions and no links to terrorism"
These men are hardly going to admit it.
Suicide bombers probably fall into this category and guess what? They will only do it once.
The goverment and the judiciary have a duty of care to it's citizens and should be able to take any steps.
Dek Crossingham, Birmingham, England
Some of the population do not seem to be aware that there is a small proportion of muslims who do not wish us well.
It is very PC and open minded to fully support the human rights bill but there are people who will very gladly take advantage of our slack and complacent attitude to terrorists
c wigmore, oxford, uk
Judges judge according to the law.Politicians know very well why their " wishes " are frustrated.The ability of our Parliment to make law according to the wishes of the people it serves has been given away. Referendum now.
robert everitt, wolverhampton,
To David, Poole: NEWSFLASH! This labour government is not here to look after us but to look after itself, to become ever more fascist, to use fear & terrorism as an excuse to take away all our freedom, liberty & our right to strike. We are living in a fascist country as Vernon Coleman righly says.
Babis, London, UK
It is interesting to see someone comparing riding the London tube to Russian roulette. Were you as scared every day you left the house when the IRA were bombing London every few months?
Terrorism is back to the same levels as were seen pre-9/11, the standard level. You're more likely to be involved in a road accident than a terrorist attack, but do you keep your wife and kids away from all roads and cars? Or do you campaign for the banning of cars?
Do you not worry that the same people who tell us that the terrorist threat is severe (with, let's face it, no evidence to back it up) are the same people who are asking for extended detention periods and asset-freezing?
Would you support rendition? With the possibility of being deported and tortured? Because they always get it right, as Charles de Menenez knows.
Protecting your family is one thing, but we need to speak up when the protection is more dangerous than the threat.
Iain Cartledge, Newcastle,
Roddy Campbell, Christchurch, NZ is absolutely spot on with his comments. Poor, badly thought out knee jerk legislation by second rate politicians is being found wanting by a sound judiciary. It could however be a lot worse, imagine if we had no second chamber to help stop or slow down the fools. Yes we live in dangerous times but not only from terrorism.
Beware the enemy within who serve no one but themselves.
Martin, Cheltenham, UK
Martin Cox, Cheltenham, England
It is becoming increasingly clear that Great Britain, like America, has allowed unelected and unaccountable justices and bureaucrats to usurp the powers of the society which has been exercised by its elected representatives, the Parliament. In the matter of bank accounts, we see both the judiciary and the bureaucrats at war with one another.
And whose fault is this mess? Why Parliament, for MPs are quite willing to confer upon themselves executive salaries and perks, but are unwilling to put in the long hours and perform the onerous work that is the responsibility of a legislator.
Bob Evans, Anaheim, California
'Roman Catholic IRA terrorists' - you really are having a bad morning and you views are abhorrent to the majority of the people in the Island of Ireland. When have all RC or all Muslims being terrorists. Indeed, many of the great Irish Nationalists have been Protestants from Wolfe Tone, Thomas Russell, Henry Joy McCracken and others . Time to wake up and support the executive and N.I assembly.
Michael, Eastbourne, UK
Whose side are these judges on and who pays their salaries? It is about time they backed their country instead of always backing the underdog and in this case people out to harm our country. Judges irrespective of age need to be called up as "bayonets" and sent to a front line unit in either Iraq or Afghanistan to see what life is really like!!! Brown needs to get a grip of these people.
Bugs, Ilkley, England
The Prime Minister should prorogue all the clauses of the the very poorly wriiten UK Human Rights act as it is the cause of the total lack of faith in the judiciary.
We have the worst implementation of the human rights act.
We are a laughng stock around the world. Our european partners are embarrassed by the situation we have got ourselves into.
andy, london,
As a Londoner who managed to live, travel and work through the IRA campaigns, and who was lucky enough to avoid the Islamist terror attacks, I feel entitled to say that regardless of the consequences, a Kafkaesque state where effectively you are convicted without going before a court, and without having sight of any evidence against you that would enable you to plead your case, is Stalinist, it is Hitlerite, it is Maoist, but it is not British. It is not a country I want for my children.
As we have already seen, anti-terror laws will be used in ways that were not foreseen by some at least of those who framed and voted for them. In my mind there is no doubt whatsoever that a draconian law such as this will end up being used against any form of dissent.
What times we live in: this proposed madness, and the equal madness of so-called human rights laws that enable the foreign-born advocates of terror against this country to remain here with their families at our expense.
Martin, London,
For far too long this government have taken unlimited powers for the executive and our MP's have allowed this to happen. It is time MP's started to represent thier constituents views and attach some value to hard won freedoms. Whatever legislation is passed we see powers being used for a purpose for which was never debated and rarely intended. The time has now come for MP's to show us they are really capable of controlling the executive rather than being just irrelevant fodder.
john, Wakefield, West Yorks
Without the rule of LAW we are nothing but savages. The law is there to protect us not just from others but also from an out of control Politic.
These measures are well in excess of those required and I have very little doubt of their illegality.
What would you Amricans say if you were not allowed to put more than 2 gallons of gas in your tank without permission? What about the gas station attendant. If he put's in a gallon too much he now risks being sent to prison for 7 years?
All I am saying is that anti-terroroist measures and restrictions need to be reasonable, appropriate and LAWFUL.
And the comment about the IRA is well made. When did their US funding dry up? ONLY after 9/11. Did we restrict US citizens before then because they COULD have been IRA funders? NO.
Currently, it seems more and more of our civil liberties are being quietly removed on the grounds of preventing terror. At what point do we ask ourselves which is now the bigger threat?
Lance, Crawley, UK
Really! how surprising....Judges throwing their Capt. Kangeroo spanners in the works, I can´t believe, never.
Mike, London, UK
This is as bad as anything Mugabe has done. This is jusdge, jury and executioner all in one. No appeal, arbitrary application and effectively destroys that persons life.
Any such prosecution must be done through the courts- or else there is no separation of powers. This sets a REALLY DANGEROUS precedent. What, for instance, happens when political opponents are 'judged' by teh treasury to be traitors or terrorists by being opposition? This is exactly what Mugabe does!
And as GB does not have an overarching constitution, there is no basis on which the courts can disqualify it. this is teh same scenario that happen in Apartheid South Africa - rule of parliamentary law without recourse to a foundation bill of human rights.
mikeb, Auckland, NZ
This is an appalling situation; how did these laws come into being? We have about 640 MPs; did they just sit there and let this through? Could they not have forced a 'no confidence' vote in the government? How many more English laws are this repulsive?
As a teenager, I thought Thatcher was bad but she was a saint compared to Blair and Brown.
Mike, Brighton, England
I believe that the Government is doing its best to protect the man in the street and his family. Not sure just what plan our various Judges and other fellow travellers have.
David, Poole,
And then it is reported to government intend to use 'anti terror ' laws to police any planned fule blockade.
For 'ant terror' read 'anti new labour'
The USSR wasn't broken up it was just moved.
rob, ashbourne, uk
I thought it was possible to freeze crimnals bank accounts al;ready Libertarians are arguing for the "right" for someone to act in whatever way they wish. however vile It is pathetic we can't deport A Q the least we ought to be able to do is not give him any benefits and hope he will leave.
Simon our threat level is set at severe and nearly critical. Have a big attack in your main city and see how you feel. Law does have to adapt to current circumstances. None of this would need to happen if there were no terrorists plotting. There are it is estimated 30 plots active now just inthe UK.and you would have us do nothing. No terrorism, no new laws, no problem.
Mathew, Hazlemere, UK
Where did the twenty six million pounds "stolen" from the Northern Bank by the Provisional IRA go to? The terrorists who benefited from that "hand-out" do not have to worry about any anti-terrorism laws. Unlike Muslims the Roman Catholic IRA terrorists were and continue to be rewarded for causing murder and destruction over 30+ years. When the time is right the Provos will begin another terrorist push for a United Ireland assisted by the twenty six million pounds mentioned above. What is the British Government doing about protecting us from Roman Catholic IRA terrorism instead of "pie-in-the-sky" Muslim terrorism?.
Raymond Atkinson, Belfast, Northern Ireland
In a few short years Britain has abandoned Hapius Corpus, and substituted leglisation that can only be described as the
" I don`t like your face" law. What a country, what a mess.
Simon Dewolf, Toronto, Canada
I agree with Simon, Sydney.
<p>So-called 'anti-terrorist legislation' has already been misused in Britain by this government (or bodies acting for them). They are now proposing changes that allow the police to incarcerate people without charge for up to 42 days. Slowly, but surely, they are undermining our civil liberties and freedom of speech in the name of anti-terrorism.
<p> Like the US, we in Britain are under threat of terrorism because of the crass foreign policy decisions made by our incompetent leaders.
Oxford Don, Oxford, UK
Simon from Sydney
Americans are not in "perpetual fear of attack". It's called taking precautions and defending yourself against those who have stated that their goal is the destruction of America. Commentary from the peanut gallery is amusing, though.
BTW, aren't the Aussies in Iraq too? Sheesh!
Mary Catherine, Elmhurst, US/IL
One more thing,
Perhaps the Aussie would like to comment on Australia's contentious anti-terror laws.
Didn't think so.
Mary Catherine, Elmhurst, US/IL
Sam from Maine - We've already had many 'big attacks' - you may recall the IRA Terror campaigns so beloved on the US East Coast that killed and maimed people here - We didn't bottle it and let our politicians ride roughshod over our rights and laws then...... only now, with this sinister and authoritarian 'Nu Labour' government has that happened
Andrew J Iddon, London, UK
Interesting, no Londoners and plenty of foreigners are commenting. How would you like a daily commute on the London underground. It's not unlike playing Russian roulette on a daily basis. If you don't have to run the gauntlet temper your comments and think the thousands of commuters who these people want to kill. I am happy for the government to do whatever it takes to keep my wife and I safe and my three children with both parents alive.
Jeremy Forbes, London,
" American Pluck" Sam from Maine? Unfortunately you and the majority of your countrymen have been whipped into a terrorist frenzy by your government and the media. Where is the big attack? That's what your government want you to think. Iraq, 9-11... etc..etc... By keeping you in perpetual fear of attack the can bring in any draconian laws they wish.
Simon, Sydney, Australia
Arbitrary and truly scary. The creeping police state just jumped.
Mike Armstrong, Macau,
To oppose the government's position on terrorists is mindless; the Gov't is using a legitimate disposotion of the laws of a country under attack at any moment. Just wait for the big attack, then you will all change your minds. It is easy to play pacifist in a democracy. Thank God for American pluck.
sam, kittery, Maine, USA
The judiciary interprets the law. The government makes it.
If legislation were well framed, debated and scrutinised there would be no 'conflict between judiciary and government'.
These days, knee-jerk laws are rushed through by a complacent government and an impotent parliament without proper scrutiny and frequently for the wrong reasons: in order to 'send messages', catch headlines, appease pressure goups, pay back favours or get the government off its latest embarrassment.
Don't blame the judiciary for interpreting the law: we have the best in the world. Don't blame the judges for being apolitical and inpartial with respect to the law: that is their strength. Blame instead the politicians for inflicting shoddy, rushed, badly thought-out laws on us in the first place.
Roddy Campbell, Christchurch, New Zealand
Way over the top! These measures are unfair, in my view illegal, and if these people really are terrorists then this should be properly established before any assets are frozen.
Chris Robinson, Hong Kong, Hong Kong
We laughed at the former USSR because the Communist Party used to get up to things like this. But at least they were honest about being Commies. This is simply freedom to punish by executive order. Not for any particular reason we feel like telling you about, just because.
We have had this before - the Court of Star Chamber until 1641, so notorious for its abuse of power that it has until now remained the prime example of what happens when rulers seize control of the administration of justice.
.
But it's back now, thanks to Blair and Brown. It just gets better and better. And there are still people who think they should be re-elected!
richard, horley,
The Treasury is entitled to express an opinion but this "notification of designation" letter seems like another of these preposterous and pretentious pretexts designed to over-regulate citizens. What a waste of public money.
Mrs.Josephine Hyde-Hartley, Bacup, UK