"Civil Rights," British Style
There has been much outrage over the absconding of three British terrorism suspects who were under "control orders." They are the latest of a number of terror suspects who, being left at large under the theoretical control of such orders, have simply disappeared. The Conservative Party's shadow attorney general charged that the disappearance of the three terror suspects was "entirely of the government's own making" and evidenced a failure "to adequately police the country's borders."
In today's London Times, Tony Blair lends context to the controversy:
After September 11, 2001, in common with many other nations, we passed new antiterror laws. In the aftermath of such an outrage it was relatively easy to do. We gave ourselves the ability, in exceptional circumstances, to detain foreign nationals who we believed were plotting terrorism but against whom there was insufficient evidence to prosecute. It was an important power. They were, of course, free to leave Britain. But we wouldn’t let them be free here. The ability to detain foreign nationals gave our services the ability to focus even more resources on the surveillance of British nationals who were a threat. It also sent out a strong signal of intent.In December 2004 these laws were struck down by the courts. In his famous judgment Lord Hoffmann said there was a greater risk to Britain through the abrogation of the foreign suspect’s civil liberties than through terrorism.
So we were forced to opt for the much milder remedy of control orders, applicable to both foreign and British nationals. These do not involve detention. ***
They were, however, much weaker than we wanted, perpetually diluted by opposition amendments, constantly attacked on civil liberty grounds.
In addition, after September 11, and again after July 7, we have tried continually to deport foreign nationals who were either engaged in or inciting extremism. Again and again in court judgments we were forced to keep them here. ***
So the fault is not with our services or, in this instance, with the Home Office. We have chosen as a society to put the civil liberties of the suspect, even if a foreign national, first.
Here, as in England, the moment that terrorists strike again, the very people who have done their best to shackle the administration's ability to protect us will be the first to denounce our government for failing to stop the attack.
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