Friday, June 17, 2005

New Labour's underlying justice strategy

Suddenly, it all becomes clear. You know those moments when you're searching to make sense of something, and all the twigs and leaves of information you've collected along the way suddenly click together into a coherent shape? It's just happened with my attempts to understand current UK security policy,
Here's the big picture: due to its dislike of an independent judiciary, the British Government is putting together its own parallel justice system for use when the courts make decisions it doesn't like. Here are a few examples - see how they all suggest an overarching strategy?
The Prevention of Terrorism Act allows indefinite detention of people not charged with any crime - and when the courts declared it illegal, the Secretary of State said their verdict didn't apply.
ID Cards will put the onus of keeping your private information accurate and available on the citizen. In effect, this'll make doing something and not telling the government about it an offence.
Automatic incrimination. An increasing number of laws trample on the right not to self-incriminate. Innocent until proven guilty is going out of style: the increasing onus is on you to prove your innocent explanation of your actions.
Spread of law use. Many new laws sneaked onto the statute books in the guise of anti-terror are being used far beyond their intended realm. Take the apprehension of terror suspects - less than three months after being passed, the law was used to arrest peaceful students protesting outside an arms fair. Or the extradition laws - intended to let the US get their hands on terrorists, yet over half the people affected have been charged only with white-collar crimes like accounting fraud. And any demonstration (such as this week's G8) can be neutered by a new requirement to inform police of locations, give your name and address on request, and limit the number of people in any location.
Control over public enquiries. Any time something embarassing needs investigating, the cabinet gets a crony to head the team. All designed to protect government officials by letting them define the terms of any enquiry into their behaviour.
Politicising the police. In the last ten years, they've gone from protectors of the public to agents of the State. Motorists, demonstrators, pedestrians all seem far more important than actually catching burglars these days - after all, in a police state it's the quiet ones you've got to keep more on an eye on. And it's rare these days to see an airport cop or event patrol unarmed.
(The police-as-politicians concept is hardly new - Margaret Thatcher did the same thing in the 80s - but back then the unions were holding the country to ransom and the IRA were turning 150 people a year into steak tartare. And the people generally agreed with it.)
Contracting out of security services. While the private sector is better at a lot of things. Private clamping firms have the right to trace any address from a car's registration, so they can collect their private taxes (parkings fines.) Some 75% of these companies are run by convicted criminals. Civilian cops like Specials and CSOs take on more police-like powers every year.
Shifting the blame. Now Customs and Excise no longer has automatic first call on a defaulter's assets, they've pushed through ever-tighter laws for penalties and fines if you're late or make mistakes with your taxes - turning every company into an unpaid tax collector and auditor. There are so many new laws about this that practically every company will be in default somehow.
Once again, New Labour has it wrong. We haven't yet sunk as low as the USA, where obscenities like the Schiavo case have revealed the government now rules by arbitrary statute - but we're on the way. Laws are not created for the benefit of governments; they are granted by the people.
Some day, New Labour will pay for this.

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