Opposition proposals for an increase in the use of phone taps
and other intercept evidence in court are still under discussion.
The Government has expressed reservation because of police concerns
that it would compromise their sources.
Michael Howard, leader of the Conservative party, and Charles
Kennedy, leader of the Liberal Democrats, also expressed concern
over a proposal to extend the period of pre-charge detention from
14 days to three months.
"We see considerable difficulties in this,” said Michael Howard,
after the meeting. “That is a long time to hold someone without
charge and possibly just release them after that. This is being
looked at by the Prime Minister and no doubt the Government will
come forward with their proposals."
Charles Kennedy said he believes the new laws will be
"measured," adding that his party wants to make sure "that we don't
surrender basic civil liberties in the process."
The extension of the pre-charge detention period was one of
several measures requested in a wish-list from the Association of
Chief Police Officers (ACPO), published last Thursday.
Encryption powers
Among ACPO's other suggestions, some of which were discussed at
yesterday's meeting, was a call for a new offence of not disclosing
encryption keys, to ensure law enforcement can access to encrypted
files stored on a computer.
Part 3 of the Regulation of Investigatory Powers Act (RIPA)
already includes a power which allows certain authorities to force
the disclosure of information that is stored in an encrypted form
and it can force the disclosure of the encryption key itself – but
there are conditions.
This part of RIPA has never been brought into force. Even so,
ACPO appears to consider it insufficient. ACPO reported that,
"recent investigations have been made more complex by difficulties
for investigating officers in ascertaining whereabouts of
encryption keys to access computers etc."
It called for "an amendment to Part 3" of RIPA to make it an
offence to fail to disclose a key, to "provide some sanction
against suspects failing to cooperate with investigations." There
is no elaboration on the nature of the desired amendment. Part 3
already creates an offence of failing to comply with an order for a
key; it's just not in force at this time.
ACPO also reported that: "The creation of an offence to suppress
inappropriate internet usage is necessary in respect of today’s
global communication capability."
It noted that this preventative measure may well be catered for
within the proposed new offence of acts preparatory to terrorism –
an offence that found consensus at yesterday's meeting.
It also wants "powers to attack identified websites," which ACPO
says has significant benefits for counter terrorism and "overlaps
with other police priorities namely domestic extremism and
paedophilia/child pornography."
ACPO notes: "This issue goes beyond national borders and
requires significant international cooperation. The need for
appropriate authority and warrantry is implicit."
The party leaders' views on most of ACPO's proposals remain
unknown. But Prime Minister Tony Blair confirmed after yesterday's
meeting that legislation is being drafted and that the three party
leaders will meet again in September, at which time he hopes the
Government will be in a position to put forward "firm
proposals".
"I am very pleased that the cross-party consensus on the way
forward is continuing,” he said. “I think when the main political
parties present a united front then you send an important signal to
the terrorists of our strength, our determination, our unity to
defeat them."
