The Miranda judgment is a sad day for Britain
There was never any doubt that the detention of David Miranda at Heathrow under section 7 of the Terrorism Act was in fact legal. Now the arbiters of The Law have confirmed it in a judgment delivered earlier this week.
There is some good news, some bad news and a lot of not-unexpected news in this judgment. The not-unexpected news is that the Terrorism Act allows GCHQ to do just about whatever it pleases. The manufactured War against Terror has had the effect of turning the UK into a police state under the control of the security services and enforced by Her Majesty’s Constabulary. Anything can be defined, with a little imagination, as a potential act of terrorism; and therefore under the jurisdiction of the over-broad power of the Terrorism Act.
The good news is that the police did not immediately nor automatically accept GCHQ’s request for a port stop (ie, detention) on David Miranda as he passed through Heathrow. It was not until the police received a detailed request precisely applied to the Terrorism Act that they were effectively forced to respond. From the ruling:
“We assess that MIRANDA is knowingly carrying material, the release of which would endanger people’s lives. Additionally the disclosure, or threat of disclosure, is designed to influence a government, and is made for the purpose of promoting a political or ideological cause. This therefore falls within the definition of terrorism and as such we request that the subject is examined under Schedule 7.”
from the David Miranda judgment
Compare this to my assessment at the time:
So, three tests for terrorism. Applying these to David Miranda, and assuming that his laptop contained Snowden documents (which would be reasonable suspicion),
- the stated purpose of the leaks is to influence government
- the stated purpose could be described as both ‘political’ and ‘ideological’
- the effect, according to government, could result in increased terrorist attacks against the UK (that is, “a serious risk to the health or safety of the public”) and is also designed “to interfere with or seriously to disrupt an electronic system” (that is, GCHQ’s Tempora surveillance system).
I think it is quite clear that under the Terrorism Act, David Miranda is a terrorist.
Was David Miranda’s detention a legal and reasonable application of the Terrorism Act?
The bad news is that this is absurd. David Miranda is clearly not a terrorist. That means that what he was doing was an act of terrorism. That means that helping a journalist (in this case Glenn Greenwald) do his job, which most people would define as being in the public interest, can in itself be an act of terror — and that, frankly, is scary.
The Arbiters of The Law effectively confirm that the invocation of the Terrorism Act removes all other freedoms and rights:
In my judgment the Schedule 7 stop was a proportionate measure in the circumstances. Its objective was not only legitimate, but very pressing. The demands of journalistic free expression were qualified in the ways I have explained. In a press freedom case, the fourth requirement in the catalogue of proportionality involves as I have said the striking of a balance between two aspects of the public interest: press freedom itself on one hand, and on the other whatever is sought to justify the interference: here national security. On the facts of this case, the balance is plainly in favour of the latter.
This is a sad day for natural justice. But we cannot blame the judges. Their function is to interpret the law. Nor can we blame the police. Their function is to enforce the law. The blame rests solely on our weak politicians, under the sway of over-powerful intelligence services, who make the laws. It is the intelligence services, through threats and blackmail, who get their wishes translated into law. It is weak politicians who have sold out the people.