header-logo header-logo

17 October 2018
Issue: 7813 / Categories: Legal News , Human rights
printer mail-detail

Terrorism Bill ‘crosses the line’, report says

Proposed offences risk endangering free speech

At least ten clauses in the Counter Terrorism and Border Security Bill breach human rights laws, according to MPs’ and Peers’ second legislative scrutiny report of the Bill.

The Joint Committee on Human Rights said the proposed offence, in clause 1, of expressing an opinion or belief in support of a proscribed organisation, would restrict free speech, including valid debates on de-proscription.

Clause 2, which criminalises the online publication of images of clothing or other articles arousing ‘reasonable suspicion’ the person supports a proscribed organisation, requires extra safeguards, the Committee said. It suggested clause 3, criminalising accessing terrorist material online on one occasion only—one click would be enough to create an offence—be deleted as it breaches the right to receive information and risks criminalising legitimate research and curiosity.

The Committee called for clause 4’s ‘designated area offence’, which criminalises entering or remaining in an area even where no harm is intended, to be deleted or amended. It also sounded concerns about oversight of the retention of suspects’ data, where suspects are not charged or convicted.

Harriet Harman MP, who chairs the Committee, said the Bill ‘still crosses the line on human rights.

‘The government has failed to give us adequate justification for provisions which risk undermining free speech and giving them wide and unaccountable powers’.

The Committee has previously expressed ‘serious concerns’ that the Bill does not comply with fundamental rights, in a report published in July.

Issue: 7813 / Categories: Legal News , Human rights
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll