Counter-Terrorism review pushed back to 2011 [update]

Street Photography Rights

The results of a six-month-long review of counter-terrorism powers, which have been used, in the past, to prevent photography is some public places, have been delayed until 2011, BJP can confirm

Author: Olivier Laurent

Speaking to the Home Affairs Select Committee today, Lord Macdonald of River Glaven, the independent overseer of the Review of Counter-Terrorism and Security Powers, has confirmed that the review will be published in 2011.

"It's unlikely to be published before Christmas," he says. "Many members of the public are very concerned [about these powers]. Photographers are very concerned, for example, about the extent they've been prevented from taking photographs - so [in the course of the review] some rather unexpected issues have arisen. Very careful discussions are taking place," which explains why publication of the review will be delayed until early 2011, says Lord Macdonald.

In July, the Home Secretary Theresa May announced a review of the controversial stop-and-search powers, which have been used, before being temporarily suspended, against photographers.

In a statement, May said at the time that "national security is the first duty of government but we are also committed to reversing the substantial erosion of civil liberties. I want a counter-terrorism regime that is proportionate, focused and transparent."

She added: "We must ensure that in protecting public safety, the powers which we need to deal with terrorism are in keeping with Britain's traditions of freedom and fairness."

The review panel is tasked with looking at what counter-terrorism powers and measures could be rolled back "in order to restore the balance of civil liberties and counter-terrorism powers." It is being led by the Home Office with "independent oversight by Lord Ken Macdonald QC, the former director of public prosecutions."

The review focuses on six areas, one of them being "stop and search powers in section 44 of the Terrorism Act 2000 and the use of terrorism legislation in relation to photography," says the Home Secretary.

The other areas are the use of control orders; the detention of terrorist suspects before charge; extending the use of deportations with assurances to remove foreign nationals from the UK who pose a threat to national security; measures to deal with organisations that promote hatred or violence; and the use of the Regulation of Investigatory Powers Act 2000 by local authorities, and access to communications data more generally.

While the results were expected to be released in the autumn, they have consistently been pushed back. Now, photographers will have to wait until the new year to know how their work might be impacted by any new rules adopted by the Home Office.

May, speaking in front of the Home Affairs Select Committee on 14 December, confirmed that the report will be published in the new year.

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