14th January 2010
EcHR Rules Terror Powers of Stop and Search are Illegal
Mark Hanson
Following the ruling that the National DNA Database was illegal, the European Court of Human Rights has now ruled that the powers of stop and search contained in the Terrorism Act 2000 are illegal.
The powers, whereby a police officer can, within a designated area, stop and search a person without any need of suspicion, have been ruled in breach of article 8 of the European Convention on Human Rights, which protects the right to privacy and family life.
The whole of Greater London has been a designated area since 2001. The only check on this is the need for a renewal by the Home Secretary every 28 days, but that the renewal has consistently occurred for 9 years is of great concern amongst parliamentarians, and, evidently, the EcHR.
In the ruling, the court said the powers were "neither sufficiently circumscribed, nor subject to adequate legal safeguards against abuse".
The government’s initial response was to say that they were “disappointed” at the ruling and would appeal.
The Law Lords ruled last year that the powers were not in breach of law, and the European court’s different verdict casts further doubt on the record of this Labour government and the effectiveness of the Human Rights Act, which is increasingly appearing to be a smoke-screen to abuse of civil liberties by the government.
