By Maria W. Norris, London School of Economics and Political Science
The UK government has announced plans to bring in a new extremism bill in yet another attempt to strengthen its counter-terrorism powers. If enacted, the bill will join dozens of other pieces of legislation aimed in the same direction.
This latest addition to the already swollen terrorism statute book takes the UK further down a dangerous path, giving the government power to punish citizens even before they commit a crime.
It is hard to imagine that just 15 years ago, the UK did not have a single permanent piece of terrorism legislation. The threat of the IRA was handled with temporary provisions that were renewed each year, rather than with permanent measures.
The government powers that have accumulated since then have a direct effect on the presumption of innocence – a fundamental legal principle. Most terrorism powers now essentially distribute punishment before someone has even been charged – let alone convicted of a terrorism offence.
The new extremism bill seems to be made up primarily of such administrative measures. It includes banning orders and employment checks aimed at enabling companies to look into whether a potential employee is considered an extremist. The UK does not currently have a working definition of extremism so there is no consensus on what activities, attitudes and beliefs could lead to someone to be labelled an extremist.
Significantly, the new bill includes the creation of extremism disruption orders. These would give the police powers to apply to the high court to limit the “harmful activities” of an extremist individual. Those activities might include the risk of public disorder, harassment, alarm, distress or creating “a threat to the functioning of democracy”.
This is particularly concerning due to its vagueness. What exactly is a threat to the functioning of democracy? Not voting, or encouraging people not to vote, as comedian Russell Brand did in the run up to the 2015 election undermine the democratic process – is that enough for Brand to be subject to such measures?
These powers, dubbed extremism ASBOs by some, were first proposed last March, but were vetoed by the Liberal Democrats. The idea is to “stop extremists promoting views and behaviour that undermine British values” but by criminalising belief and behaviour without the need for a trial, these powers mark another step towards making the UK a pre-crime society.