The European Court of Human Rights has ruled that stop and search powers granted to police under the UK Terrorism Act 2000 do not contain adequate safeguards and are unlawful.
The relevant section of the UK Act has been replicated in the Isle of Man Anti-Terrorism and Crime Act 2003 and both items of legislation were criticised by the Celtic League at the time they were introduced – as Bills.
The ECHR judgement highlights the folly of the Isle of Man government’s inane inclination to `ape’ criminal justice and terrorism legislation first adopted in the United Kingdom.
The European Court specifically highlighted that the stop and search powers were “neither sufficiently circumscribed, nor subject to adequate legal safeguards against abuse”.
The judgement comes as the Isle of Man is set to introduce a further tranche of criminal justice legislation which will imbue the Manx Police with almost Stasi like powers – much of the basis of which is imported from the UK.
The fact that the UK government has been found guilty in the European Court may give MHK’s `pause for thought’ and for once they may not allow themselves to be pressured by the Islands Department of Home Affairs and Chief Minister into adopting further flawed legislation.
Information links:
Terrorism act 2000 (UK) (See section 44):
https://www.opsi.gov.uk/Acts/acts2000/pdf/ukpga_20000011_en.pdf
Anti-Terrorism and Crime Act 2003 (Isle of Man) (See sections 32/33):
https://www.gov.im/lib/docs/infocentre/acts/atca2003.pdf
BBC News report:
https://news.bbc.co.uk/1/hi/uk/8453878.stm
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