Terrorism laws need tightening

In a policy letter from Mary Lowe’s previous Home Affairs Committee, for

debate at next week’s States meeting, it is revealed that Guernsey Border Agency staff are concerned they do not have enough powers to tackle dangers to the Bailiwick.

‘Law Enforcement occasionally see nationals from hostile states whose behaviour is of concern and it is the view of Bailiwick Law Enforcement that the introduction of these changes will enable them to better determine the purpose of their visit to the Bailiwick or onwards to the UK,’ the letter states.

The changes have come about after Bailiwick Law Enforcement was advised that, following the cases in the UK of Alexander Litvinenko, who died of radioactive poisoning, and the release of a nerve agent in Salisbury, it was identified that counter- terrorism border officers were engaging with many subjects potentially engaging in hostile state activity.

The two suspected offenders in the Skripal case had been stopped by counter-terrorism border officers on their arrival in the UK. But local counter-terrorism legislation did not previously allow for lawful searches and interviews in such cases, due to the definition of an act of terrorism.

A wide-ranging review into local terrorism laws is taking place, but a consultation with Bailiwick Law Enforcement has found there are more urgent changes needed, which reflect 2019 UK legislation.

They include new powers to inspect, seize and retain travel documents, as well as extend existing terrorism-related powers at the border – including powers to stop, question and detain people, to search persons, ships and aircraft and goods, to take copies of documents and to detain property – to their exercise in relation to the commission, preparation or instigation of hostile acts.

There is also a call for supplementary updating provisions around calculating detention periods, restrictions on the use of answers to questions in evidence, searches, the supply of information and the issue of codes of practice.

The changes would be an amendment to the Guernsey Terrorism and Crime Law from 2002, which is the main statute in the Bailiwick relating to terrorism.

‘The proposed amendments relate to border controls, which Home Affairs proposes are progressed for operational reasons as a priority ahead of a wider review of the Bailiwick’s terrorism legislation, which is currently being undertaken by the Law Officers’ Chambers,’ the letter from the previous committee states.

The States resolved to update the 2002 law in 2006 to be consistent with the UK. But the UK overtook this with further changes and has left some local changes outstanding.

The letter calls for the local laws to be looked at in the round.

‘To that end, a broad review of the UK’s terrorism legislation, and an assessment of the provisions that might be appropriate within the context of the Bailiwick (with appropriate modifications), has been under way for some time at the Law Officer’s Chambers,’ it states.

‘The committee notes that this is a major undertaking that has to be managed with existing work pressures (especially work relating to the coronavirus pandemic at the present time); as a result of the frantic pace of legislating in the UK the legislative framework is very complex, and it is clearly important that provisions implemented here are proportionate and appropriate to the Bailiwick.’

. The States meeting is on Wednesday 4 November.