We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Blair plans new laws to curb civil liberties

Sunday Herald reports that UK wants similar powers to controversial US Patriot Act.

Sweeping new emergency legal powers to deal with the aftermath of a large terrorist attack in Britain are being considered by the government.
The measures could potentially outlaw participation in a protest march, such as last week’s demonstrations during President Bush’s state visit, making it, in effect, a criminal offence to criticise government policy.

In an attempt to give the UK government similar powers to those rushed through in the US after the 9/11 attack on New York in 2001, it is understood that a beefed-up version of current civil contingencies law is being considered. It will allow the government to bypass or suspend key parts of the UK’s human rights laws without the authority of parliament.

Aware of the current level of scare-mongering following the Istanbul bombing and the threats made by al-Qaeda-linked groups that further suicide attacks were being planned on targets both in the UK and abroad, a source close to the Home Secretary, David Blunkett, last night denied his department were seeking a massive and immediate injection of cash from the Treasury. This would be needed to foot the bill if Britain’s streets were to be flooded with armed police in an almost constant level of red alert.

Despite Blunkett saying he was “sick and tired” of people pretending there was not a threat from terrorists and insisting only “very, very good intelligence would save us”, the Home Office seems to have no plan to boost security spending this or next year.

If “Fortress Britain” were to be achieved, with countrywide security checks, increased police surveillance and widespread detention of any suspect group or individual, the Home Office’s annual budget would rocket.

Hm.

Patriot Act may threaten civil liberties

From an unlikely source comes this analysis of the US Patriot Act in the editorial column:

Explaining the reasons why the USA Patriot Act runs counter to the traditional American concept of liberty is a daunting task. Most people – including the members of Congress who voted for it – haven’t even read the Act in its entirety, if at all. Those are the uninformed. Then there are the misguided – those who are somewhat familiar with the legislation, but who accept it under the notion that some loss of freedom is inevitable if we’re to protect ourselves from the scourge of terrorists.

The article ends with a famous quote attributed to Rev. Martin Neimoller:

First, they came for the Communists, and I didn’t speak up, because I wasn’t a Communist.
Then they came for the Jews, and I didn’t speak up, because I wasn’t a Jew.
Then they came for the Catholics, and I didn’t speak up, because I was a Protestant.
Then they came for me, and by that time there was no one left to speak up for me.

Read the whole thing. Simple and effective.

A global alliance against RFID

RFID coverage from ZDNet UK:

A global alliance of opponents to the rollout of radio frequency identification tagging systems are demanding that companies stop deploying them until crucial issues such as privacy are addressed.

Over 30 civil liberties and privacy groups have demanded a suspension to the deployment of radio frequency identification (RFID) tagging systems until a number of issues surrounding the controversial technology have been addressed.

These organisations, including Britain’s Foundation for Information Policy Reseach and Privacy International, have backed a position statement on the use of RFID on consumer products that was issued on Thursday.

It claims that RFID, if used improperly, represents a major threat to consumer privacy and civil liberties. This follows earlier protests against RFID by campaigners, and is thought to be the first formal global alliance against the technology.

Peers Nobble Blunkett

Despite Michael Howard’s reported U-turn, peers have once again thrown out Big Blunkett’s discredited Criminal “Justice” Bill. They were particularly concerned by Blunkett’s plans to restrict the right to trial by jury, to allow people to be tried twice for the same crime and to allow evidence of “bad character” (i.e. gossip) to be used in trials.

Today is the last day of the parliamentary session, so if the Lords continue to stand up for civil liberties the whole Bill could be lost. The only way for it now to pass would appear to be significant concessions by the Government, a move that would further undermine Blunkett’s position.

Cross-posted from The Chestnut Tree Cafe

Lawyers and civil liberties groups condemn jury curbs

The Independent reports that lawyers and civil liberties groups yesterday urged the Home Secretary, David Blunkett, to back down over proposals to limit the right to trial by jury as he prepared for a bitter parliamentary battle to force the proposals into law.

In a letter to The Independent, the Law Society and the Bar Council joined civil liberties groups in urging Mr Blunkett to accept a string of Lords amendments toning down the Criminal Justice Bill.

Ministers will attempt to revive the plans in the Commons today after they were thrown out by a coalition of Conservative and Liberal Democrat peers. They will also try to reverse defeats over proposals to allow juries to be given details of defendants’ previous convictions.

Tories to Back Down Over Blunkett’s Bill

The Times reports that the Tories are to drop their opposition to Big Blunkett’s plans to limit trial by jury.

As a result the discredited Criminal “Justice” Bill is expected to pass through both Houses next week.

The reason given for this change of heart is that new Tory leader Michael Howard apparently sees “liberal” policies as electorally damaging. Any hope that the Tories might be the party to stand up for civil liberties seems to have disappeared

Cross-posted from The Chestnut Tree Cafe

Chicago Civil Liberties conference – Nov 5th

White Rose is run by people in London, so they won’t be going, but maybe we have a few readers in Chicago. It’s organised by the Century Foundation, and they also publish this, which all of us can get hold of and read.

The Audit Commission Report on Human Rights

What does the government have to say about “human rights”: the collective term for its concerns about civil liberties and the rights of the individual. The answer can be found in three departments: the Human Rights Department in the Lord Chancellor’s Officeand the Human Rights Policy Department at the Foreign and Commonwealth Office. The administrative distinction between these two departments lies in their location: the former is dedicated to the implementation in law of the European Charter on Human Rights and the latter is focused upon human rights as a strand within British foreign policy.

The latest Audit Committee Report on the implementation of the Human Rights Act for managers within local government is a good place to start examining how the law has become a byword for bureaucratisation and regulation. It also has a useful list of further governmental links. Although the traditional freedoms are all recognised in checklists and tickboxes, they are surrounded by a disciplinary atmosphere that has the potential to prohibit any actions considered offensive. Instead of applying common sense and guidance, this Report promotes a stifling conformity in the form of a “human rights culture” in order to avoid liabilities for not applying the law correctly.

By viewing human rights as a possible liability, institutions and the individuals who work within them will come to see civil liberties as a liability and a hindrance to their primary objective. Thus, the Human Rights Act will have the opposite effect to that intended: engendering a culture of compliance that observes the letter, not the spirit of the law, and bringing the actual purpose of the act, increasing the rights of individuals, into contempt.

Tory Peers Vow to Defeat Criminal “Justice” Bill

The Guardian reports that the Conservatives have drawn up detailed plans to defeat some of the worst parts of Big Blunkett’s discredited Criminal “Justice” Bill.

In particular the Tory peers plan to prevent Blunkett from removing the right to trial by jury in certain cases and allowing gossip to be accepted as evidence.

Since the government doesn’t have an automatic majority in the Lords they will have to compromise, risk losing the entire Bill or invoke the rarely used Parliament Act.

Cross-posted from The Chestnut Tree Cafe

On yer bike

One of the depressing trends in modern life is the way in which political figures use the politics of fear to garner support for legislation which degrades our rights and our liberties.

I live in South Australia, and here the Premier (equivalent to a US state governor, although he models his government on New Labour), one Mike Rann, has ordered his ministers to come up with new legislation to curb the rights of bikie gang members to work in certain industries.

In South Australia a couple of small groups of motorcycle gangs have become noted for their involvement in drug dealing and other forms of organised crime. You’d have to look hard to notice them, though. Although South Australians love their motorcycles, I can’t recall seeing anyone from these “bikie gangs”.

Be that as it may, the powers that be have determined that they are a threat to the good folk of South Australia. And, as the powers that be are wont to do, they are arming themselves with legal clubs. The gist of the legislation is:

the aim is to ensure that people associated with bikie gangs and organised crime can be prevented from holding a security firm licence.

The term ‘bikie gang’ is used loosely. I would be concerned if I was a motorcycle enthusiast to know whether or not innocent social gatherings with fellow devotees were to make one a member of these dreaded ‘bikie gangs’.

Mr Rann gives no comfort:

I’ve made it clear that if it means the new laws must be radical and draconian in nature, then so be it.

So presumably, the civil liberties of people will go by the wayside if that is what it takes. South Australians are going to have their freedom of association challenged, as well as their right to seek employment where they wish, in order to deal with a piddling problem. South Australia’s crime rate is hardly alarming, and what we have here is a politician playing up people’s fears to drive through legislation that is iniquitous.

Where there’s smoke…

An awful lot of people don’t like smoking. Given the passion a number of my friends show for putting themselves into early graves, I put up with the practice for social reasons. And I certainly believe that businessmen and women should be free to have establishments where their customers can escape from the risk of fumigation.

However, things are never that simple. People want to ban smoking simpliciter. Depriving businessmen and women of the choice of letting smokers in, or perhaps having a business at all. And this is precisely the reason 400 publicans in County Kerry say they’re willing to go to jail rather than enforce a ban on smoking in pubs proposed by the Irish Government (coming soon to a European Community near you!).

A Small Victory

Nowadays we need to celebrate every victory, however small.

Management at the Trelleborg chemical company in Leicester have agreed to stop tagging their employees.

Under the recently imposed scheme workers had to request and wear a red tag whenever they took a break. Not surprisingly they complained that this was demeaning. Following ACAS intervention the company agreed to scrap the system.

The fact that such a repulsive scheme has been scrapped is encouraging. The fact that the company thought they could get away with it in the first place is worrying.

BBC report here