David Cracknell, Political Editor
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NEW anti-terrorism laws are to be pushed through before Tony Blair leaves office giving “wartime” powers to the police to stop and question people.
John Reid, the home secretary, who is also quitting next month, intends to extend Northern Ireland’s draconian police powers to interrogate individuals about who they are, where they have been and where they are going.
Under the new laws, police will not need to suspect that a crime has taken place and can use the power to gain information about “matters relevant” to terror investigations.
If suspects fail to stop or refuse to answer questions, they could be charged with a criminal offence and fined up to £5,000. Police already have the power to stop and search people but they have no right to ask for their identity and movements.
No general police power to stop and question has ever been introduced in mainland Britain except during wartime.
Civil liberties campaigners last night branded the proposed measures “one of the most significant moves on civil liberties since the second world war”.
Ironically, the stop and question power is soon to be repealed in Northern Ireland as part of the peace agreement. Home Office officials admitted, however, that the final wording of the new power to stop and question in the rest of the UK might have to include a requirement for reasonable suspicion.
The disclosure coincides with a rare attack by Blair on Britain’s judges for emasculating his antiterrorism legislation. In an article for The Sunday Times, he condemns those who say “civil liberties come first” before the security of the population. “I believe this is a dangerous misjudgment,” the prime minister writes.
Blair also takes a tilt at critics of military action in Iraq and Afghanistan, claiming that “pandering” to a “sense of grievance” among Muslims “will only encourage it”.
The prime minister’s article, and the new terrorism powers, come after last week it was revealed that three terror suspects who were subject to control orders have absconded.
Ministers will seek to justify the new powers on the grounds that they will be “useful” for the police and “less intrusive” than the current measure to stop and search, which they will not need to use so often. Officers often have to spend hours filling out paperwork after making stops and searches.
Reid is planning to push through a counter-terrorism bill next month before he and Blair leave office. As well as the power to stop and question individuals, the home secretary also wants to introduce two new police powers in the name of of combating Islamic terrorism: the power to take documents away for examination even if their value as evidence is not immediately obvious; and the power to remove vehicles in order to examine them.
Tony McNulty, the minister for counter-terrorism, outlined the plans on Reid’s behalf in a letter to the prime minister last week.
“I believe that these powers will be very useful UK-wide,” he wrote. “For example, one of the public criticisms of [stop and search] has been that it is overused.
“Arguably one of the weaknesses of [stop and search] is that although it enables a search of an individual, it does not enable a police officer to ask that individual who they are or where they are going.
“Therefore a less intrusive power of stop and question that could be used by the police in the first instance would be useful. The effect of this power should therefore be to reduce the number of times stop and search is used.”
Jane Winter, director of British Irish Rights Watch, said: “This is one of the most significant moves on civil liberties since the second world war, a sledgehammer to crack a nut. This looks like a return to the ‘sus’ laws, except even then the police needed to have some suspicion.”
Shami Chakrabati, director of the civil rights group Liberty, said: “The police should not have powers to run around questioning people willy-nilly.”
Liberty also raised concerns that a unit set up last year to identify individuals who pose a security threat to VIPs, including the cabinet and royal family, could use the Mental Health Act to detain people without trial.
The Fixated Threat Assessment Centre, which is run by Scotland Yard and whose staff includes psychiatrists and police, can authorise the indefinite detention of people it identifies as mentally unstable and potentially dangerous.
“There is a grave danger of this being used to deal with people where there is insufficient evidence for a criminal prosecution,” said Liberty’s Gareth Crossman. “This blurs the line between medical decisions and police actions.”
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