(U.K. Civil Liberties) Emergency Law Pending: The Civil Contingencies Act 2004

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http://www.masternewmedia.org/news/2004/09/08/emergency_law_pending_to_be.htm

 

September 08, 2004

 

Emergency Law Pending To Be Approved In The UK: The

Civil Contingencies Act 2004

 

The time available is less than a week. This is

when the The Civil Contingencies Act 2004 will be

debated in the House of Lords of the UK Parliament

before being approved.

 

" This bill enables the UK Government to

declare a State of Emergency on trivial or

" threatened " events (e.g. an oil slick, threatened

" damage to property " , threatened " destruction of plant

life " , threatened " disruption of a supply of money " ).

 

Neither the Second World War nor IRA terrorism

brought about such draconian legislation. "

 

(Source: http://www.tfa.net/civco.htm)

 

 

This bill gives the Government the ability to

call a state of emergency on the grounds of a

bewildering variety of trivial events or non-events.

 

• Lord Lucas, speaking at the second reading

of the bill in the House of Lords on 15 July asked

“Are we opening up our system to the equivalent of

what happened in Germany in 1933, where it

becamepossible for an extreme party legitimately to

hijack a democracy?”

 

• The bill enables any government minister -

including those enforcers of Party discipline, the

Government Whips - to introduce emergency regulations

on their own authority.

 

• “These ill thought out measures,which

threaten our most fundamental freedoms are being

rushed throughParliament with inadequate discussion

and too little media scrutiny.”

 

(Source: Taking Liberties: The Civil

Contingencies Bill and why it should be rejected

(PDF))

 

 

I went out to research the issue and am reporting

here below some unedited excerpts from the actual Bill

as published by the UK Parliament. Look and judge

yourself whether this is something worth of attention

or not.

 

Scope of Emergency Regulations (See under part

3) of this this section)

 

" Emergency regulations may make provision of

any kind that could be made by an Act of Parliament or

by the exercise of the Royal Prerogative; in

particular, regulations may—

 

 

(a) confer a function on a Minister of the

Crown, on the Scottish Ministers, on the National

Assembly for Wales, on a Northern Ireland department,

on a coordinator appointed under section 23 or on any

other specified person (and a function conferred may,

in particular, be— (i) a power, or duty, to exercise a

discretion;

 

(ii) a power to give directions or orders,

whether written or oral);

 

 

(b) provide for or enable the requisition or

confiscation of property (with or without

compensation);

 

 

© provide for or enable the destruction of

property, animal life or plant life (with or without

compensation);

 

 

(d) prohibit, or enable the prohibition of,

movement to or from a specified place;

 

 

(e) require, or enable the requirement of,

movement to or from a specified place;

 

 

(f) prohibit, or enable the prohibition of,

assemblies of specified kinds, at specified places or

at specified times;

 

 

(g) prohibit, or enable the prohibition of,

travel at specified times;

 

 

(h) prohibit, or enable the prohibition of,

other specified activities;

(i) create an offence of— (i) failing to

comply with a provision of the regulations;

(ii) failing to comply with a direction or

order given or made under the regulations; (iii)

obstructing a person in the performance of a function

under or

by virtue of the regulations;

 

 

(j) disapply or modify an enactment (other

than a provision of this Part) or a provision made

under or by virtue of an enactment;

 

 

(k) require a person or body to act in

performance of a function (whether the function is

conferred by the regulations or otherwise and whether

or not the regulations also make provision for

remuneration or compensation); "

 

 

Conditions for making emergency regulations

 

(2) The first condition is that an emergency

has occurred, is occurring or is about to occur.

 

 

(3) The second condition is that it is

necessary to make provision for the purpose of

preventing, controlling or mitigating an aspect or

effect of the emergency.

 

(4) The third condition is that the need for

provision referred to in subsection (3) is urgent.

 

 

What is considered an " emergency " : Meaning of

emergency

 

(see also this section)

 

In this Part “emergency” means an event or

situation which threatens serious damage to—

 

(a) human welfare in the United Kingdom or in

a Part or region,

 

 

(b) the environment of the United Kingdom or

of a Part or region, or

 

 

© the security of the United Kingdom or a

Part or region.

 

 

(2) For the purposes of subsection (1)(a) an

event or situation threatens damage to human welfare

only if it involves, causes or may cause—

 

(a) loss of human life,

 

 

(b) human illness or injury,

 

 

© homelessness,

 

 

(d) damage to property,

 

 

(e) disruption of a supply of money, food,

water, energy or fuel,

 

 

(f) disruption of an electronic or other

system of communication,

 

 

(g) disruption of facilities for transport, or

 

 

(h) disruption of services relating to health.

 

 

Original sources:

Civil Contingencies Bill

 

Table of Contents

 

Other relevant documents relating to the Civil

Contingencies Bill:

http://www.ukresilience.info/ccbill/

 

The Bill will be debated in the House of Lords on 15

September 2004.

 

How you can do something:

http://www.tfa.net/civco.htm

 

Taking Liberties: The Civil Contingencies Bill and why

it should be rejected (PDF)

 

Red Alert - Dagger at Democracy

 

UK Parliament -- Reference

 

Posted on September 08, 2004 at 11:00 AM