IF NOT NOW- WHEN
K. | 21.01.2004 18:00
If we leave it until it has become law, the common freedoms and basic civil liberties upos which we all depend will be in grave danger. The proposed legislation is opposed in private to the very highest level. There is every reason to suppose that organised opposition from letter writing lobbying MPs to oppose it outright and/or demand ammendments, as well as direct action protests and theatrical events will work!
If we assume that we cannot stop it- and therefore do nothing- it will be too late.
Act now! email commonfreedoms@postmaster.co.uk and let's get this off the ground!
The legislation is outlined below:
ok here goes:i have tried to "summarise" and pick bits out - if
anyone has any comments or would like clarification on any points: do
not hesitate to email me!
PART 1
1: Meaning of "emergency"
(1) In this part "emergency" means an event or situation which
presents a serious threat to- [a] human welfare in England or Wales
[b] the environment of a place in England or Wales [c] the political,
administrative or economic stability of a place in England or Wales
or [d] the security of a place in England or Wales.
The bill then goes on to incluse specific circumstances to further
define the terms of 1[a][b][c][d] and ends this first section:
1(10)The event or situation mentioned in subsection (1) may occur
inside or outside England or Wales.
2: Then follows contingency planning...Essentially this section
establishes the principle that certain hitherto independent "bodies,
persons or class of person or body" may be required to perform
certain duties as the Minister of the Crown sees fit.
3: These persons or bodies are called (Section 2 supplemental (3) and
(4) " Category 1 responder" or "category 2 responder".
4: Advice and Assistance to Business
which includes establishing the fact that the minister of the crown
may make regulations about the extent of the duties to be performed
in response to the "emergency" and the manner in which they will be
performed
"civil protect tion"
5: General Measures
(1) Where it is established that a minister of the crown may "by
order reuire a person or body listed to perform a function for the
purposes of: [a] preventing the occurrence of an emergency [b]
reducing, controlling or mitigating the effects of an emergency and
[c] taking other action in connection with the emergency.
6: Disclosure of Information
7: Urgency
8: Monitoring by Government
9: Enforcement
(1) Any of the following may bring proceedings in the High Court in
respect of a failure by a person or body listed to comply with
section 2[1], 3[2], 4[1], 5[2], 6[3] or 8[3]: (a) a Minister of the
Crown (b) a person or body listed in 1/1(c) a person or body listed
in 2/1
(2) In proceedings…..the High Court may grant any relief or make any
order that it thinks appropriate.
10: Provision of information: concerning the timing/ form of
information provision, the use to which it is put, its storage and
disposal.
11: Amendment of Lists of responders
12: National Assembly of Wales
13: Regulations and Orders
14: Interpretation &c
15: Repeals
The following shall cease to have effect- (a) the Civil Defence Act
1948 (c5) and (b) the civil protection in peacetime act 1986 (c22)
16: Extent
England and Wales
PART 2: EMERGENCY POWERS
17 (1) Meaning of "Emergency"
including among many others [LET ME KNOW IF YOU WANT MORE DETAILS
HERE}
(4) [a]disruption to the activities of Her Majesty's Government [b]
the performance of public functions or [c] the activities of banks or
other financial institutions
(5)[a] war or armed conflict [b] terrorism, within the meaning given
by section 1 of the Terrorism act 2000 (c11).
18 Royal Proclamation
19: Declaration by Secretary of State
who can declare it if he is satisfied that (a) an emergency has
occurred, is occurring or is about to occur ….. [snip]
20: power to make emergency regulations (2)(b) While an order under
section 19 is in force the Secretary fo State may make regulations
under section 21 if satisfied that it would not be possible, without
serious delay to arrange for an order of council.
21 SCOPE OF REGULATIONS (3) Regulations made under this section make
provision of any kind that could be made by 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 or other
specified person which may, in particular be [i] a discretionary
function [11] a power to give directions or orders
(b) provide for or enable the requisition or confiscation of
property (with or without compensation)
(c) 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 made under or by virtue of the regulations
(j) dissaply or modify an enactment or a provision made under or
by virtue of an enactment
(k) require a person or body to act in performance of a
function…..
(l) confer jurisdiction on a court or tribunal
(4) without prejudice to the generality of subsection (1)[a],
regulations may NOT
(a) require a person or enable a person to be required to provide
military service
(b) prohibit or enable the prohibition of a strike or other
industrial action
© create an offence which is punishable [i] with imprisonment for a
period exceeding 3 months [ii] with a fine exceeding the statutory
maximum or level 5 on the standard scale or [iii] without trial
before a magistrates court, the crown court , the district court or
the sheriff;
********
and so it goes on
********
22: Regional and Emergency Coordinators
23: Duration
24: Parliamentary Scrutiny
25: Human Rights Act: For the purposes of the Human Rights Act 1988
(c42) an instrument containing regulations under section 21 shall be
treated as if it were an Act of Parliament.
26: Consultation and devolved Administrations
27: Procedure
28: Interpretation
29: Repeals and Amendments (1) The following shall cease to have
effect (a) The Emergency powers Act 1920 (c55) and (b) the Emergency
Powers Act (Northern Ireland) 1926 (c8). (2) in paragraph 14 of the
Northern Ireland Act 1998 (c47) (reserved matters) for "the emergency
powers act northern Ireland 1926" substitute "Part 2 of the Civil
Contingencies Act 2004".
PART 3: GENERAL
31: Repeals and revocations
32 Commencement
33: Short title.
If we assume that we cannot stop it- and therefore do nothing- it will be too late.
Act now! email commonfreedoms@postmaster.co.uk and let's get this off the ground!
The legislation is outlined below:
ok here goes:i have tried to "summarise" and pick bits out - if
anyone has any comments or would like clarification on any points: do
not hesitate to email me!
PART 1
1: Meaning of "emergency"
(1) In this part "emergency" means an event or situation which
presents a serious threat to- [a] human welfare in England or Wales
[b] the environment of a place in England or Wales [c] the political,
administrative or economic stability of a place in England or Wales
or [d] the security of a place in England or Wales.
The bill then goes on to incluse specific circumstances to further
define the terms of 1[a][b][c][d] and ends this first section:
1(10)The event or situation mentioned in subsection (1) may occur
inside or outside England or Wales.
2: Then follows contingency planning...Essentially this section
establishes the principle that certain hitherto independent "bodies,
persons or class of person or body" may be required to perform
certain duties as the Minister of the Crown sees fit.
3: These persons or bodies are called (Section 2 supplemental (3) and
(4) " Category 1 responder" or "category 2 responder".
4: Advice and Assistance to Business
which includes establishing the fact that the minister of the crown
may make regulations about the extent of the duties to be performed
in response to the "emergency" and the manner in which they will be
performed
"civil protect tion"
5: General Measures
(1) Where it is established that a minister of the crown may "by
order reuire a person or body listed to perform a function for the
purposes of: [a] preventing the occurrence of an emergency [b]
reducing, controlling or mitigating the effects of an emergency and
[c] taking other action in connection with the emergency.
6: Disclosure of Information
7: Urgency
8: Monitoring by Government
9: Enforcement
(1) Any of the following may bring proceedings in the High Court in
respect of a failure by a person or body listed to comply with
section 2[1], 3[2], 4[1], 5[2], 6[3] or 8[3]: (a) a Minister of the
Crown (b) a person or body listed in 1/1(c) a person or body listed
in 2/1
(2) In proceedings…..the High Court may grant any relief or make any
order that it thinks appropriate.
10: Provision of information: concerning the timing/ form of
information provision, the use to which it is put, its storage and
disposal.
11: Amendment of Lists of responders
12: National Assembly of Wales
13: Regulations and Orders
14: Interpretation &c
15: Repeals
The following shall cease to have effect- (a) the Civil Defence Act
1948 (c5) and (b) the civil protection in peacetime act 1986 (c22)
16: Extent
England and Wales
PART 2: EMERGENCY POWERS
17 (1) Meaning of "Emergency"
including among many others [LET ME KNOW IF YOU WANT MORE DETAILS
HERE}
(4) [a]disruption to the activities of Her Majesty's Government [b]
the performance of public functions or [c] the activities of banks or
other financial institutions
(5)[a] war or armed conflict [b] terrorism, within the meaning given
by section 1 of the Terrorism act 2000 (c11).
18 Royal Proclamation
19: Declaration by Secretary of State
who can declare it if he is satisfied that (a) an emergency has
occurred, is occurring or is about to occur ….. [snip]
20: power to make emergency regulations (2)(b) While an order under
section 19 is in force the Secretary fo State may make regulations
under section 21 if satisfied that it would not be possible, without
serious delay to arrange for an order of council.
21 SCOPE OF REGULATIONS (3) Regulations made under this section make
provision of any kind that could be made by 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 or other
specified person which may, in particular be [i] a discretionary
function [11] a power to give directions or orders
(b) provide for or enable the requisition or confiscation of
property (with or without compensation)
(c) 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 made under or by virtue of the regulations
(j) dissaply or modify an enactment or a provision made under or
by virtue of an enactment
(k) require a person or body to act in performance of a
function…..
(l) confer jurisdiction on a court or tribunal
(4) without prejudice to the generality of subsection (1)[a],
regulations may NOT
(a) require a person or enable a person to be required to provide
military service
(b) prohibit or enable the prohibition of a strike or other
industrial action
© create an offence which is punishable [i] with imprisonment for a
period exceeding 3 months [ii] with a fine exceeding the statutory
maximum or level 5 on the standard scale or [iii] without trial
before a magistrates court, the crown court , the district court or
the sheriff;
********
and so it goes on
********
22: Regional and Emergency Coordinators
23: Duration
24: Parliamentary Scrutiny
25: Human Rights Act: For the purposes of the Human Rights Act 1988
(c42) an instrument containing regulations under section 21 shall be
treated as if it were an Act of Parliament.
26: Consultation and devolved Administrations
27: Procedure
28: Interpretation
29: Repeals and Amendments (1) The following shall cease to have
effect (a) The Emergency powers Act 1920 (c55) and (b) the Emergency
Powers Act (Northern Ireland) 1926 (c8). (2) in paragraph 14 of the
Northern Ireland Act 1998 (c47) (reserved matters) for "the emergency
powers act northern Ireland 1926" substitute "Part 2 of the Civil
Contingencies Act 2004".
PART 3: GENERAL
31: Repeals and revocations
32 Commencement
33: Short title.
K.
e-mail:
commonfreedoms@postmaster.co.uk
Comments
Hide the following 3 comments
WhatchaGonnaDo?
21.01.2004 22:56
Do warriors go down fighting or just get silently flushed down the plughole without any noise (god-for-fucking-bid) ... Get up and FIGHT! This affects all of YOU!!! This is YOUR LAST CHANCE!!! No fucking excuses ... JUst Do IT!!! Or live in chains until you fucking DIE! Your choice ... ... .. .. . .
C-I-F*cking-(A)
Law Conference.
22.01.2004 17:10
This is sure to be a major theme at the national critical lawyers conference
in Canterbury next month. (Statewatch are attending among many others)
7 and 8 February. Kent Law School, University of Kent, Canterbury.
Contact www.nclg.org.uk for more info. (law students £5 others £15)
GL
When ?
23.01.2004 18:42
Nosfou