Originally Posted by
wjeilis
A lot of media attention has recently focussed on a PR exercise surrounding the ending of the British Army’s so-called “Operation Banner” in the Six Counties which concluded on July 31st. According the official British Government line, ‘Operation Banner’ allowed for the deployment of British troops in support of the RUC/PSNI.
Far less attention has been focussed on the British Army’s ‘Operation Helvetic’ which commences in the Six Counties on August 1st. Strange as it might seem, but the official British Government line is that ‘Operation Helvetic’ will continue to permit the deployment of British troops in support the PSNI.
The legislative backdrop to ‘Operation Helvetic’ has been in preparation by the British Government since at least the autumn of 2006, and, far from leading to the demilitarisation of the Six Counties, will in effect give continued powers of stop and question, arrest, search, entry and seizure to British troops based in the Six Counties.
If the British Army is supposed to be off the streets, then perhaps those who continually speak about "civic policing" or creating a rights-based society could explain the need for these new powers? Or, indeed, why they have been so muted in their opposition?
Powers of stop and question, arrest, search, entry and seizure of property (including land and buildings), road closures, etc., which previously were only available to British troops under purported “emergency legislation” have now been “normalised” by virtue of the Justice and Security Act 2007 which started its legislative journey through Westminster within weeks of the St Andrew’s negotiations. These powers take effect from August 1st 2007, the day “Operation Helvetic” commences.
From August 1st, as a result of this new legislation, British troops here the power to stop and question anyone about their movements - and hold them indefinitely until they answer. Anyone refusing to identify themselves or answer questions about their movements could be subject to a £5,000 fine.
The PSNI is also granted similar powers through the Policing (Miscellaneous Provisions) (NI) Order 2007 - even though the British Cabinet rejected similar powers as unacceptable for police forces in England, Scotland and Wales.
All of the parties involved in the present Stormont Executive and the St Andrews negotiations have been aware of these facts for some time but little or no public opposition has been forthcoming no these matters.
One can at least understand Sinn Féin’s reasons for silence. To publicly oppose the Justice and Security Act, or the commencement of the new “Operation Helvetic” would be the equivalent of shining a spotlight on the failure to achieve the total dismantlement of the British military apparatus of oppression and occupation in the North, or the fact that further erosion of human rights in the Six Counties has been legislated for by the British Government with the full knowledge, if not the tacit consent, of those parties in the Stormont Executive. That spotlight might also expose the continuing use of non-jury Diplock Courts in the North.
Incidentally, few people would be aware that, under the Justice and Security Act 2007, one condition upon which a case can be referred to a Diplock Court is if the accused is, or is an associate of, a person who (a) is a member of a proscribed organisation or (b) has at any time been a member of an organisation that was a proscribed.
For the purposes of this Act , an associate is defined to include a “friend” or a “relative”, as well as spouses or former spouses, civil partners or former civil partners, and co-habiting partners or former partners.
Being a relative is a condition which can be met by literally tens of thousands of members of the families of former republican prisoners in the North. Little wonder that the British Government has been so reluctant to expunge the records of former POW’s.
The North’s Human Rights Commission has also previously publicly voiced concern about the provisions contained in the Justice and Security Act. In January of this year, the Commission expressed concern that measures contained in the Act could seriously impede the protection of human rights in the North.
Even the British Parliament’s own Joint Committee on Human Rights stated in February of this year that the proposed Security and Justice Act raised major human rights issues concerning juries and non-jury trials; the erosion of powers of the Human Rights Commission; and additional powers for the PSNI and British army.
The Commission, along with the NUJ, also publicly voiced opposition to provisions contained in the Policing (Miscellaneous Provisions) (NI) Order 2007 which came into force in March of this year.
On the occasion of World Press Freedom Day (3 May), the National Union of Journalists in Ireland and the Human Rights Commission joined together to condemn new powers which threaten press freedom and the confidentiality of journalists’ sources.
Another little known fact is that the North’s new ‘Special Constabulary'- or Community Support Officers to give them their formal title - will be able to exercise powers of stop and search, and seizure of items under sections 44(1) and (2) and 45(2) of the Terrorism Act 2000. Not unlike the Specials of old.
So “Operation Banner” ends and “Operation Helvetic” commences and human rights protections continue to disappear with little fuss in order that the new status quo can prevail. What’s new?
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