Alan Johnson to fight Euro ruling on terror searches

Published on Tuesday 12 January 2010 21:29

ALAN Johnson last night vowed to appeal against a European court ruling that police stop-and-search anti-terrorism checks are illegal.

The Home Secretary said the controversial powers were "an important tool" in Britain's war on terrorism and must be retained.

Reflecting concern from senior police officers, Mr Johnson said forces could continue to carry out so-called section 44 checks while the UK challenged yesterday's judgment of the European Court of Human Rights.

Mr Johnson said: "Stop-and-search under section 44 of the Terrorism Act 2000 is an important tool in a package of measures in the ongoing fight against terrorism. I am disappointed with the ECHR ruling."

The ECHR ruled that the searches, which can be carried out on anyone deemed to be close to a potential terrorist target even if they have done nothing to give grounds for suspicion, breached privacy rights. The court came to its conclusion after a complaint from two Londoners who where questioned by police near an arms trade fair.

Kevin Gillan and Pennie Quinton where separately stopped and searched while on their way to protests outside the fair.

Backed by the civil rights group Liberty, they took their complaint through every British court, including the House of Lords, before heading for the ECHR in Strasbourg.

The court said legislation allowing such searches was "neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse".

Judges added: "There is a clear risk of arbitrariness in the grant of such a broad discretion to the police officer.

"While the present cases do not concern black applicants or those of Asian origin, the risks of the discriminatory use of the powers against such persons is a very real consideration."

Police have been accused of targeting ethnic minorities for section 44 checks. Some experts have warned that excessive use of the powers would alienate exactly the kind of people – British Muslims – whose co-operation was most needed to prevent terrorism.

The government's terrorism law watchdog Lord Carlile yesterday said: "I have reported repeatedly that (the legislation] should be used much less.

"I have said year on year that its use could be reduced by 50 per cent without damaging national security, and I remain of that view."

Lord Carlile added that yesterday's judgment would have "very serious implications" for the UK government, which may have to redraft its terrorism legislation.

The watchdog has previously praised Scottish forces for using section 44 stops "very sparingly".

The only force to make extensive use of the powers north of the Border was the British Transport Police, which was carrying out about 90 section 44 stop-and-searches every day in December 2007 following the Glasgow Airport attack.

It has since scaled down its use of the powers.

The ECHR judgment was welcomed by Liberty and Amnesty International, which had called for the stop-and-search checks to be scrapped.

The Scottish Government declined to comment on the ruling, saying that terrorism laws were reserved to Westminster.