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Last updated on May 28, 2012 at 12:09 EDT

Britain signals new anti-terrorism law drive

August 11, 2005
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LONDON (Reuters) – Britain said on Friday as part of an
anti-terrorism drive it may reform laws to force judges to give
equal weight to national security as well as human rights in
the cases of foreign nationals facing deportation.

Lord Falconer, head of Britain’s judiciary and a minister
in Prime Minister Tony Blair’s Labour government, said he
defended the human rights role of judges and would seek an
amendment to the law only if his hand were forced.

Britain’s courts have previously thwarted expulsion
measures because the European Convention on Human Rights says
deportees must be protected from torture or other
mistreatment,.

Falconer said in an interview with the Guardian newspaper
“things changed” after four bombers killed 52 people in London
on July 7 and that the law must reflect this position.

“What I am talking about is a bill which says this is the
correct interpretation of the Human Rights Act,” said Falconer.

“All law operates on the basis that if the facts change,
then the law changes — and the law is going to change.”

He said the amended law would set out how to weigh the
rights of national security with the right of a deportee to be
free from torture or ill-treatment.

But human rights groups warned against what they called
turning a blind eye to torture.

Blair has been under domestic pressure to act against
foreign nationals who condone or incite terrorism after the
July 7 bombings and another wave of attacks on July 21.

He told a news conference earlier this month he would seek
powers to expel militants.

The government says it will obtain signed assurances from
the home countries of the foreign nationals that they will not
abuse those deported. But human rights groups have rejected the
assurances as worthless.

Britain detained 10 people on Thursday, including the
alleged spiritual leader of al Qaeda in Europe, saying they
were a threat to national security and would be deported.

Lawyer Gareth Peirce, who represents seven of those held,
said Blair’s plans were “insane and dangerous government at its
worst.”

“The prime minister is wrong,” she said. “The rules of the
game have not changed. The rules … cannot be changed for the
purposes of political grandstanding.”

Falconer played down suggestions the government was seeking
to erode human rights or was locked in a battle with the
judiciary over its proposed new powers.

“People are saying it is the judges on behalf of civil
liberties against the executive who are determined to clamp
down on terrorism,” he said. “We have got to get the right
balance and ultimately where the balance lies is a matter for
parliament.”


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