The Militant(logo) 
    Vol.61/No.6           February 10, 1997 
 
 
UK Rulers Debate Legalizing Cop Spying  

BY CHRIS MORRIS
MANCHESTER, England - The House of Lords approved legislation January 21 that would expand the spying power of the cops. Two amendments to the "Police Bill" adopted by the upper house of Parliament, however, reflect some hesitations among Britain's rulers over how fast to move in attacking democratic rights.

The Police Bill aims to make legal the use of bugging equipment and hidden cameras by the police. The cops have entered premises secretly for decades, without any legal basis, to plant surveillance devices or copy material. According to the Daily Telegraph, authorizations for this activity currently run at more than 1,200 a year, and are given by chief constables or their deputies. "As there was no statute, police were, in theory, always liable to civil suits for trespass or causing damage," the Telegraph reported.

The government's draft bill sought to create a "commissioner" to oversee the use of bugs by the police. The Lords passed an amendment proposed by Labour Party legislators saying that the police would need this commissioner's permission in advance, except in "emergencies." Jack Straw, Labour's shadow home secretary, had originally supported the bill. A second amendment, put forward by the Liberal Democrats, stipulated the police would need the approval of a judge before entering private premises to place surveillance equipment. It too was adopted.

The House of Lords, the upper house of the United Kingdom's parliament, includes the hereditary aristocracy, the bishops of the Church of England, and also "life peers," usually retired capitalists or politicians. In the Lords debate, James Callaghan, who was home secretary in a Labour government 30 years ago, said he had no recollection of warrants to mount bugging operations ever being approved by him. He propertied to be "flabbergasted" at the number of surreptitious spy operations carried out by the cops.

Robert Carr, home secretary in a Conservative government in the early 1970s, said, "I am not happy with the way the government is doing this. I must vote against the police being given authority to do these awful deeds by any other than the judiciary."

The amended bill adopted by the Lords now goes back to the House of Commons, where a new version will be negotiated.

Jack Straw assured that "cross-party understanding will be possible" if the government accepts the "spirit of the amendment - that the principle of prior consent by a commissioner is accepted in respect of intrusive surveillance on premises, and in respect of doctors, lawyers, and journalists, save in urgent cases."

London police commissioner William Taylor joined the debate, speaking for the Association of Chief Police Officers. He said judges were neither "trained nor equipped and don't have the availability" to make operational decisions. Cops should have maximum authority, he claimed, in order to have speed and flexibility to combat crimes such as terrorism, kidnapping, and armed robbery.

The Telegraph said that according to Taylor, "the use of covert technology was likely to grow. Police use a variety of devices, including close-quarter audio bugs, long- distance directional microphones and miniature cameras. They bore holes in corners of rooms or remove panels to hide cameras or recording equipment. They regularly place tracking devices on cars and lorries.-The next largest category is 'public or quasi-public places' such as hotel foyers or rooms, where criminals often meet-But intrusion into homes is very rare, said Mr. Taylor."

The Police Bill will also establish a national crime squad for England and Wales. The bill creates a legal basis for the "National Criminal Intelligence Service," which collects "criminal intelligence for use by police forces and other law enforcement agencies."

The law would set up a Criminal Records Agency to provide individuals with information about their criminal records in the form of a Criminal Conviction Certificate, which employers could ask to see. These aspects of the bill were approved by the Lords.

Chris Morris is a member of the Amalgamated Electrical and Engineering Union.  
 
 
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