New law 'needed to protect secrets'

Written By Unknown on Minggu, 25 Agustus 2013 | 19.12

25 August 2013 Last updated at 07:58 ET

Anti-terror laws should be strengthened to prevent leaks of official secrets, former Metropolitan Police Commissioner Lord Blair has told the BBC.

He was speaking after police seized what they said were thousands of classified documents from David Miranda - the partner of a Guardian journalist.

Lord Blair said publication of the material could put lives at risk.

He suggested new laws were needed to cover those who obtained secret material without proper authority.

The Home Office has defended the use of anti-terror laws to question Mr Miranda, but some have criticised the tactics.

Mr Miranda is the partner of Glenn Greenwald, who has been reporting on US and British surveillance programmes revealed by US whistle-blower Edward Snowden.

David Miranda

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David Miranda told the BBC he felt very threatened during his detention

He was held for nine hours at Heathrow Airport on 18 August and had his mobile phone, laptop, DVDs and other items seized.

Brazilian national Mr Miranda, 28, was detained under schedule 7 of the Terrorism Act 2000 as he travelled from Berlin to Rio de Janeiro, where he lives with Mr Greenwald.

The law allows police to hold someone for up to nine hours for questioning about whether they have been involved with acts of terrorism.

'New threat'

Lord Blair told BBC Radio 4's Broadcasting House programme: "The state has to have secrets - that's how it operates against terrorists.

"It has to have the right to preserve those secrets and we have to have a law that covers a situation when somebody, for all sorts of wonderfully principled reasons, wishes to disclose those secrets.

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Most of the legislation about state secrets is in the Official Secrets Act and it only concerns an official"

End Quote Lord Blair Former Met Police commissioner

"It just is something that is extremely dangerous for individual citizens to [make] those secrets available to the terrorists."

Lord Blair said the threat from international terrorism was "constantly changing" and there was a need to "review the law".

He said there was a "new threat which is not of somebody personally intending to aid terrorism, but of conduct which is likely to or capable of facilitating terrorism" - citing the examples of information leaks related to Bradley Manning and the Wikileaks website.

When asked if he was calling for new laws, Lord Blair said he wanted that to be considered.

"Most of the legislation about state secrets is in the Official Secrets Act and it only concerns an official.

"I think there is going to have to be a look at what happens when somebody possesses material which is secret without having authority."

'Formidable apparatus'

But Guardian editor Alan Rusbridger has defended Mr Greenwald's stories, arguing there was "considerable public interest" in Mr Snowden's revelations, which had raised "acutely disturbing questions" about the electronic surveillance of citizens.

On the treatment of Mr Miranda, Mr Rusbridger added: "The state that is building such a formidable apparatus of surveillance will do its best to prevent journalists from reporting on it."

Last week, Home Secretary Theresa May defended the police's use of anti-terror laws to hold and question Mr Miranda,

She said it "was right" if police thought that Mr Miranda was holding information useful to terrorists.

However, former Lord Chancellor Lord Falconer - who helped to bring in the anti-terror legislation - said it was not what the powers were meant for.


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