Parliamentary briefing: Second Reading, House of Commons, 7 June 2011
- The Equality and Human Rights Commission (the Commission) welcomes attempts to create a more proportionate regime than control orders.
- However, we consider that as a whole the Terrorism Prevention and Investigation Measures (TPIMs) regime lacks sufficient safeguards to adequately protect the right to liberty and the right to a fair trial as guaranteed by the European Convention on Human Rights (the Convention).
- The Commission believes, as a matter of principle, restrictions on individual liberty should occur on the basis of what someone has done, not what they are suspected of doing and that those suspected of terrorist offences should be prosecuted. We consider the Bill departs from this principle and therefore are opposed to the TPIMs regime.
- The Commission suggests that further consideration is required to strengthen safeguards that would adequately protect Convention rights. In particular, the Commission would advise that a TPIMs order should be made by a court, and that the Director of Public Prosecutions should be involved in the process.
The Commission’s position
The Commission welcomes the opportunity to comment on the Terrorism Prevention and Investigation Measures Bill. As the statutory body with duties to promote, enforce and monitor the effectiveness of equality and human rights enactments, the Commission aims to ensure legislation is compatible with the Human Rights Act 1998 and international human rights standards.
Download the full briefing: Terrorism Prevention and Investigation Measures Bill, Second Reading, House of Commons, 7 June 2011 (Word)
> Research: The impact of counter-terrorism measures on Muslim communities
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