In a very significant judgment today, the UK Supreme Court struck down “draconian” anti-terrorist asset-freezing legislation on the basis that it did not comply with the rule of law.
In HM Treasury v. A and others [2010] UKSC 2 the seven-Justice Court held that both the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 were unlawful.
The Court held that the Orders were not adequately authorised by primary legislation and did not give the affected persons an effective remedy against their designation by the United Nations Sanctions Committee as suspected terrorists.
Lord Hope, Deputy President of the Court, said that the case raised “... fundamental questions about the relationship between Parliament and the executive and about judicial control over the power of the executive”. In his view: “Conferring an unlimited discretion on the executive as to how ... [UN Security Council] resolutions ... are to be implemented seems to me to be wholly unacceptable. It conflicts with the basic rules that lie at the heart of our democracy”. He concluded: “Even in the face of the threat of international terrorism, the safety of the people is not the supreme law. We must be just as careful to guard against unrestrained encroachments on personal liberty.”
Lord Phillips, President of the Court, said “It is particularly appropriate that these should be the first appeals to be heard in the Supreme Court of the United Kingdom, for they concern the separation of powers.” and added “Nobody should conclude that the result of these appeals constitutes judicial interference with the will of Parliament. On the contrary it upholds the supremacy of Parliament in deciding whether or not measures should be imposed that affect the fundamental rights of those in this country.”
Tim Owen QC and Dan Squires represented the Appellants A, K and M. Rabinder Singh QC and Alex Bailin represented the Appellant G. Raza Husain and Dan Squires represented the Respondent HAY.
For press coverage see:
http://www.guardian.co.uk/uk/2010/jan/27/supreme-court-anonymity-terro-suspects
http://www.guardian.co.uk/politics/2010/jan/27/terror-suspect-asset-freeze-overturned
http://business.timesonline.co.uk/tol/business/law/article7004263.ece http://news.bbc.co.uk/1/hi/uk/8482630.stm
http://www.supremecourt.gov.uk/docs/uksc_2009_0016_ps.pdf
Download the full judgment below.