Why RIPA matters

Introducing an important statute.

In its early years, the last Labour government passed a sequence of what may be called "constitutional statutes", including the Human Rights Act 1998, the Scotland Act 1998, and the Freedom of Information Act 2000.

But it is the (so far) lesser known Regulation of Investigatory Powers 2000 ("RIPA") which may turn out to have the most practical political significance.

RIPA was enacted with a sense of necessity. The passing of the Human Rights Act, which was to take effect from 2 October 2000, required that an express legal basis be provided for a wide range of investigatory, interceptive, and clandestine activity.

Amongst the rights incorporated by the Human Rights Act is Article 8 of the European Convention on Human Rights. This provides a general right to privacy, and it requires that any interference with personal privacy has to be proportionate and be positively permitted by law. This meant that the old and illiberal notion that police forces and the intelligence services were able to do anything they liked, unless it was specifically prohibited, could no longer be sustained. The legal position was to be inverted. Passing an enabling statute was urgent.

And so RIPA was passed in July 2000, including detailed provisions on surveillance and covert intelligence sources, the interception of communications, and on acquiring data from telecommunications and other ervice providers.

Section 1 of RIPA provides that wrongful interceptions can be the basis of both criminal and civil legal proceedings. Glenn Mulcaire was convicted under section 1 of RIPA whilst Clive Goodman was convicted for conspiracy to commit an offence under section 1. The civil "tort" under section 1 is now an element of the various civil actions which have led to new information being passed to the police and a new investigation.

This new crime and statutory tort were a direct and under-appreciated consequence of passing the Human Rights Act.

Another provision of RIPA provides a legal basis for police forces to request and acquire data held by telecommunications and other service providers. (This, of course, happened before 2000, but did not really have its own statutory regime.) As I wrote yesterday, there are hundreds of these requests made every day, almost all of which lead to data being passed to the police promptly and silently. Again, the fact that each of these requests have to be documented is an effect of the Human Rights Act, even if in practice the requests are currently treated in a routine and administrative manner.

The mark of a political idiot is to take easy shots at human rights and civil liberties law. However, the incorporation of Article 8 into English law has, through the enactment of RIPA, provided an (albeit imperfect) means for protecting individuals from wrongful interceptions and for providing criminal and civil consequence for unlawful behaviour.

It is now obvious that RIPA and Article 8 are having a beneficial and practical effect in policing and media practice. A casual approach to interferences in another person's privacy is becoming increasingly difficult one for someone with power to adopt. And so, at last, the police and the tabloid media are having to give proper regard to the privacy of the individual.

 

David Allen Green is legal correspondent of the New Statesman and is a practising media and telecommunications lawyer.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.