Talk:Anti-terrorism, Crime and Security Act 2001

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In A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent) etc., what does "(FC)" mean? – Kaihsu 16:07, 2004 Dec 17 (UTC)

Iceland asset freeze

Latest comment: 15 years ago4 comments3 people in discussion

I've been looking into this act since it was used against Landbanki/icesave and how much of the debate that has ensued has focussed on this being an anti-terror act. I don't think it's fair to say that Sections 1-3 of the act refer to "Terrorist finances". The act itself only makes reference to terrorism in Part 1; the Landsbanki Freezing Order 2008 was drawn up from Part 2 of the Act which makes no refernce to terrorism. See http://www.opsi.gov.uk/acts/acts2001/ukpga_20010024_en_1 Alexd (talk) 03:46, 16 October 2008 (UTC)Reply

I have also done some research and found an interesting extract from the House of Lords Hansard.[1]

"As emergency legislation, that Bill was hardly debated in the Commons, as MPs have subsequently pointed out on several occasions—for example, in the other place on 25 February 2004 at col. 312. David Blunkett’s explanation of the asset-freezing powers at the time, however, was quite clear:"

"The emergency legislation will build on the provisions of the Proceeds of Crime Bill to deal specifically with terrorist finance through monitoring and freezing the accounts of suspected terrorists"

As this was the interpretation of the then Home Secretary it may be worth noting in the article. Road Wizard (talk) 08:10, 19 November 2008 (UTC)Reply

I've changed the titles of the sections based on the referenced House of Lords debate: it is obvious that the government did not intend Parts 2 and 3 to be limited to terrorist activities. Physchim62 (talk) 10:19, 25 November 2008 (UTC)Reply

In particular, see the comments of Lord Renton at HL Debates 28 November 2001 c. 349:

I say with deep respect to my noble friend that he may not have realised that the words "involving terrorism" are words of limitation. Here, the Government are rightly trying to protect the economy in a broader sense. If the words "involving terrorism" are inserted in the way suggested, on occasions when there could be a detriment to the economy, but not necessarily involving terrorism, the limitation would be regrettable.

or, for the government, Lord McIntosh of Haringey, at the time Captain of the Yeomen of the Guard, at HL Debates 28 November 2001 c. 353:

Amendment No. 37 is designed to restrict the power specifically to terrorism. The problem is that the power is intended to provide wide-ranging protection against threats to national security. […] The sanctions have been available for many years to counter actions that threaten UK economic interest, wherever that threat comes from.

When Lord McIntosh says that "The sanctions have been available for many years", he is referring to the fact that they were first introduced in the Defence (General) Regulations 1939. Physchim62 (talk) 10:36, 25 November 2008 (UTC)Reply

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Latest comment: 8 years ago1 comment1 person in discussion

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