Advice to photographers in Uk

[bill]

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So... After 4 and a half months I have heard from my MP... The mail and my response follows:

Subject: Anti Terrorism Legislation

 

Dear Mr Palmer,

Thank you for contacting Mr Gove about anti-terror legislation.

Parliament has now been dissolved ahead of the General Election on 6th May 2010 and during this period, Mr Gove has no authority to represent you on the matter on which you have written. However, as you contacted him on this prior to dissolution, he wished me to forwaard the reply he received from the Shadow Minister responsible which is set out below:

'My colleagues and I are very concerned about the way that some of our counterterrorism laws are being used. Under section 44 of the Terrorism Act 2000, police are able to stop and search anyone without suspicion within an authorised area for the purpose of searching for articles that can be used in connection with terrorism.

Over the years there has been a huge rise in the number of anti-terrorism stops and searches, but very few arrests and charges have followed. We know that this power has been used inappropriately in some cases and this is what concerns me the most. The use of anti-terror powers for normal day-to-day policing as a matter of course is not acceptable and is one of the surest ways to lose public support in the fight against terrorism.

As you say, I have heard of cases where the police have asked photographers to delete photos, and people are understandably concerned about this. Apart from in exceptional circumstances, it is not an offence to take photographs in public places, and people should not be prevented from doing so. When there are serious concerns about national security, such as at military airports and power stations, there are necessary provisions for photography being restricted. In general however, taking photos in public places is not prohibited in law.

My colleagues and I recognise that the last decade has witnessed an emerging and serious threat from terrorism to the United Kingdom, so we have, and will continue to, support the introduction of new measures where it is justified and proportionate. However, it is clear that the erosion of civil liberties by the current Government in the name of national security has, in a number of areas, simply gone too far. Governments must make it clear that they understand the values they are seeking to defend from those who would violently challenge them outside the democratic sphere.

This is why a future Conservative Government would conduct a full review of existing counter-terrorism legislation in light of the privileged access to legal and intelligence material that only a Government can possess. One aspect of this review would be to focus on the abuse of stop and search powers under terrorist legislation for non-terrorist related incidents. '

I do hope this is helpful. Please feel welcome to be in touch with Mr Gove again if there are further points you wish to raise on this.

With every good wish,

 

Colette Hanson

Senior Caseworker to Michael Gove

Shadow Secretary of State for Children, Schools and Families

 

Thank you Miss Hanson.

I find it inconceivable that it has taken four and a half months to provide a non-response to my original communication. I have no interest in the chat Mr Gove has had with his chum in the shadow cabinet; he is my parliamentary representative and I expect him to raise my issue with the government of the day. This is something that he has signally failed to do.

Clearly Mr Gove has no interest whatsoever in this issue. It would be logical therefore to conclude that he has no interest in my vote; I shall apply it elsewhere on the 6th of May.

Best regards,

Bill Palmer

 

[andybarton]

Ignoring the time issue, I reckon that's a pretty positive response. If the Conservatives get in next week, they will do a review of the counter-terrorism laws. That's more than anyone else has promised.

 

Don't throw the baby out in a fit of pique, is my advice

[bill]

Oh, I accept that, Andy. My ire is for the delay - 12th December my request was submitted, not so much as an acknowledgement until last Friday - and for the fact that he has consulted a shadow colleague rather than raising it in the House.

 

I shall of course still vote with my conscience.

 

It will be interesting to see what reaction my response gets, though...

 

Regards,

 

Bill

[farnz]

Interestingly, I too received a letter from my MP, Andrew Pelling, in response to my letter of 16th March to which he attached the following response from Rt Hon David Hanson, the Minister of State. (I have deliberately added the @ sign to my own surname for personal reasons.) Apologies for the lengthy post but, as you will see, I thought it important to quote the letter verbatim.

 

"Thank you for your letter of 16th march on behalf of Mr Peter F@rnsworth of (my address) about photography in public places.

 

I note Mr F@rnsworth's comments about Police Community Support Officers stopping members of the public from taking photographs in a public place. While I am not able to comment on specific incidents let me first assure Mr F@rnsworth that people have the right to take photographs in public places for legitimate reasons and we will do everything we can do to uphold that right. Counter-terrorism laws are not, and never have been, designed to stop people taking photographs. Counter-terrorism powers should only be used for terrorism purposes and be used both appropriately and proportionately." (Not a mis-type on my part but a delicious irony.)

 

"There are no offences within the counter-terrorism legislation which would capture an innocent member of the public taking photographs. I have recently emphasised teh position to the representatives of the photographic press and Royal Photographic Society whom I met on 9th March.

 

Other steps have been taken to ensure teh public and police are aware of counter-terrorism powers and how they should be used. The National Policing Improvement Agency (NPIA) issued revised guidelines on the use of stop and search powers in November 2008 which made it clear that the power does not stop the taking of photographs in an authorised area and the police should not prevent people from taking pictures using these powers.

 

In August 2009, I wrote to all Chief Constables whose forces have standing section 44 powers to make it clear they cannot be used to stop photographs being taken in public places or to make people delete images. The Home Office has also listened to concerns from the community and published (in August 2009) a national circular clarifying the use of counter-terrorism legislation in regards to photography in public places. The circular in publicly available on the Home Office website at: Page not found | Home Office I realise that this weblink hasn't resolved but the letter included a printed copy.

 

To provide further clarification on this subject on 14 December 2009, Assistant Commissioner John Yates reminded all Metropolitan Police officers and staff that people taking photographs should not be stopped and searched unless there is a valid reason.

 

I think it would now be useful to set out the sections of the Terrorism Act 2000 which people believe may be used to stop people taking photographs -

 

Under section 43 of the Terrorism Act 2000 a police officer may stop and search a person they reasonably suspect to be a terrorist, to discover whether that person has in their possession anything which may constitute evidence that they are a terrorist. This power can be exercised at any time and at any location.

 

Section 43 does not prohibit the taking of photographs, film or digital images in a public place and members of the public and the press should not be prevented from doing so in exercise of the powers conferred in section 43.

 

Section 44 of the Terrorism Act 2000 provides police with the power to stop and search anyone within an authorised area for the purpose of searching for articles of a kind that could be used in connection with terrorism. The powers do not require a reasonable suspicion that the articles exist.

 

As with section 43, section 44 does not prohibit the taking of photographs. The police may, of course, stop and search someone who is taking photographs within an authorised area just as they may stop and search any member of the public but the powers should not be targetted at photographers.

 

The new offence at section 58A of the Terrorism Act 2000 which was inserted by section 76 of eh Counter-Terrorism Act 2008 makes it an offence to elicit, or attempt to elicit, or publish or communicate information about an individual who is, or has been, a constable or a member of the armed forces or intelligence services. The information must be of a kind that is likely to be useful to a person committing or preparing acts of terrorism.

 

It has been suggested that this new offence could criminalise people taking or publishing photographs of police officers or members of the armed forces. Whilst a photograph of a police officer may potentially fall within the scope of this offence it might only do so in a very limited set of circumstances. This offence is designed to capture terrorist targetting activity (sic) directed at members of the protected groups - which sadly we know does occur, as events in Northern Ireland have highlighted.

 

Therefore the offence would not, and I would like to be clear about this, capture a member of the public or tourist taking photographs. As I have already mentioned people have a right to take photographs in public places for legitimate reasons and we will do everything we can to uphold that right."

 

David Hanson.

 

Pete.

[spylaw4]

Interesting how the imminent election stirs thing up!

 

Thanks to both for publishing the responses.

[bill]

Further to my last...

 

Dear Mr Palmer,

Thank you for your further email. Mr Gove is very sorry indeed there was such a delay in getting a proper response to you - this is very unusal and I can well understand your annoyance.

He is aware that this is a very important issue and that there are real problems. That said, as parliament is dissolved ahead of the election, Mr Gove believed it would be helpful for you to receive the Conservative position on this so that you were aware that your concerns are shared by the Party. However, your comments have been forwarded to Alan Johnson MP at the Home Office.

With best wishes,

Mrs Colette Hanson

Senior Caseworker to Michael Gove

Shadow Secretary of State for Children, Schools and Families

[pgk]

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BJP today: British Journal of Photography - Met Police clarifies public photography guidelines

 

Linked to this: Metropolitan Police Service - About the Met - Photography advice

[spylaw4]

BJP today: British Journal of Photography - Met Police clarifies public photography guidelines

 

Linked to this: Metropolitan Police Service - About the Met - Photography advice

 

A welcome clarification, but will it reach down to "the foot soldiers" and their assistants?

[cocker]

If the Conservatives get in next week, they will do a review of the counter-terrorism laws. That's more than anyone else has promised.

 

I wouldn't expect too much liberalism from them if the likes of this candidate get their way.

 

Rising Tory star Philippa Stroud ran prayer sessions to 'cure' gay people | Politics | The Observer

[stunsworth]

If the Conservatives get in next week, they will do a review of the counter-terrorism laws.

 

And probably conclude that they don't go far enough.

[Xmas]

Four points:

 

- there was a European judgement on the 'arbitrary nature' and HMG lost but are ignoring for the moment, probably needs a second attempt claiming contempt.

 

- a % of the pro PJ in London now seem to be carrying cycle/roller blade style crash helms, in addition to knapsack with laptop and spare zoom lenses, not noticed that until this year, I attend lots of the demos,...

 

- The Cass report on Blair Peach is on the Met web site, makes for a good read, if you can skip read, I wont spoil your pleasure.

 

- I can walk around Belfast with no problems at all yet, apart from buskers Bowderlising the theme tune from the Graduate, and big issue sellers... always pack passport & DL, never needed it and my accent wont pass for a tourist... The bulk of the tourists are Dubliners for day trip, the central phone boxes all take euros, the coffee shops take euros...

 

Noel

P.S. I live in a key marginal, last time, the 2nd party may lose deposit... this time

 

-

[spylaw4]

BJP today: British Journal of Photography - Met Police clarifies public photography guidelines

 

Linked to this: Metropolitan Police Service - About the Met - Photography advice

 

 

It's about time someone did the same for the City Police, to say nothing of the security guards. I see they have been at it again in relation to Greg Smith scouting out an architectural shoot - see phnat/nuj on twitter.

[earleygallery]

Story here;

 

Stop and search photographer held again under terror laws | UK news | The Guardian

 

On the PNAT Facebook page someone has suggested a 'flash mob' gathering to photograph buildings in the City en masse. Could be interesting.

 

As for the Tories, Cameron wants to take us out of the European Human Rights laws and make up his own version.....

[bill]

My offices are in Snow Hill, right beside the City police station there and just around the corner from the Old Bailey. When I get a dull moment(!) I shall stroll out one lunchtime and start snapping...

 

Regards,

 

Bill

[earleygallery]

As Cameron has pledged to review the anti terror laws I am thinking it would be good to have a general push on this issue again - those of us with new MP's, it's a good time to write and raise awareness, write to the Home Secretary, start an on line petition etc.

 

I'm sure that it's a very minor issue for our new government but it's up to us to ensure we keep the campaign up.

[spylaw4]

As Cameron has pledged to review the anti terror laws I am thinking it would be good to have a general push on this issue again - those of us with new MP's, it's a good time to write and raise awareness, write to the Home Secretary, start an on line petition etc.

 

I'm sure that it's a very minor issue for our new government but it's up to us to ensure we keep the campaign up.

 

Indeed James, and as I"m shortly to become a City of London resident.........

[bill]

Project Griffin

 

So now we know...!

 

Regards,

 

Bill

[farnz]

Sledgehammer to crack a strawberry.

 

Pete.

[Xmas]

Hi

 

The home page

 

Project Griffin

 

Noel

[Advertisement]

Hallo,

Look here: Interesting Leica gear

[bill]

Thanks Noel.

 

Bloody Hell...

 

Regards,

 

Bill