Co-editors: Seán Mac Mathúna • John Heathcote
Consulting editor: Themistocles Hoetis
Field Correspondent: Allen Hougland
Statewatch ; The origins of Emergency Powers Acts in the UK Civil Contingencies Bill: æThe Legislative Framework
for a Totalitarian State?" On
the path to the 'the dismantling of democracy' in the UK Sean
Mac Mathuna The
biggest threat to civil liberties in the UK is undoubtedly presented
by draconian new legislation introduced by New Labour as part of
the bogus "war on terror". The act in question is the Civil Contingencies
Bill just passed into law by the British parliament. The various
Emergency Powers Acts already on the statue book were already seen
as more than adequate, but the new CCB goes much further than even
the Defence of the Realm Act. On 8th August 1914, the House of Commons
passed the DORA without debate. The legislation gave the government
executive powers to suppress published criticism, imprison without
trial and to commandeer economic resources for the war effort. Historically
in the UK - especially during periods of intense trade union activity
and growing opposition to war, these laws have been - and remain
- a powerful weapon against any widespread opposition. The New
Labour Government has been steadily eroding traditional safeguards
on civil liberties, often as been noted, successfully diverting
what little organised opposition there is onto legislation which
only affects a handful of people e.g. those foreign terrorist suspects
detained without trial, whilst pushing through evil which will affect
everyone in the entire country. its amazing that much of the British
press has given page after page to the private life of the Home
Secretary David Blunkett, but has hardly mentioned the CCB which
even the Joint Committee of the House of Commons conceded that the "worst case example" of a possible misuse, that Blunkett's CCB was actually
'the dismantling of democracy' in the UK ! One central part of this
law is that it is the government that declares a state of emergency
- not the head of state, i.e., the Queen. According to Tony Bunyan,
editor of Statewatch: "The powers available to the government and
state agencies would be truly draconian. Cities could be sealed
off, travel bans introduced, all phones cut off and websites shut
down. Demonstrations could be banned and the news media made subject
to censorship. New offenses against the state could be 'created'
by government decree." Under the CCB, according to an analysis of
the legislation by Statewatch, a government minister can by "order"
that æ"a specified event or situation, or class of event or situation"
is treated as triggering an "emergency" under one of the three headings
published in the CCB: human welfare, the environment or the security
of the UK. This removes what Statewatch call a "key provision" in
the 1920 Emergency Powers Act, proclamation of a state of emergency
by the head of state, a move described as "highly dangerous" considering
the powers given now to the government. Statewatch go on to say
that: It places in the hands of politicians, the government of the
day, a power previously exercised by the head of state (the monarch).
The issuing of a "royal proclamation" by the head of state that
a "state of emergency" exists implies a gravity and constitutional
importance that is not evident in the new Bill. The issuing of an
"order" that a "situation" or "event" exists or is about to occur
is not the same as a "declaration of a state of emergency". It would
allow governments enormous discretion and allow them to mix ongoing
business in normal times with powers that are intended to deal with
a peacetime emergencies. This new "normality" could see parts of
cities of whole towns subject to exceptional laws and controls in
the same way that emergency laws have been in place in Northern
Ireland for more than thirty years. Moreover, whereas a proclamation
of a state of emergency under the EPA 1920 could only be in force
for one month without being renewed, the issuing of an order by
the government has no such limit set out and appears to be indefinite
until revoked. (our emphasis) Thus a government Minister could make
an order applying to any or all of the main headings - human welfare,
environment or security of the UK - in a part or region of the country.
The "order" has to be "approved by resolution of each House of Parliament".
Another thing that should be of great concern to all democrats in
the UK is that the CCB even covers an "event or situation" that
may trigger an "emergency" that "may occur or be inside or outside
the UK". This comes from a government that has played a central
part in the UK's "strategy of tension" - the so-called "war on terror".
The fake dossier on Iraq, the lies and deceit that the British government
presented over Iraq should now be ringing alarm bells amongst all
people concerned with democracy in the UK - this bill, as noted
above, paves the way for the introduction of corporate-fascist state
- right under our noses, without most people knowing about it and
the attention of the press is diverted by the private life of
the Home Secretary.