I announced on
The most appropriate way of meeting the legal and operational requirements concerning the counter-terrorism stop and search powers exercisable without reasonable suspicion is to make a remedial order under section 10 of the Human Rights Act 1998 to make immediate changes to the legislation. I therefore made a remedial order concerning the Terrorism Act 2000 on
The remedial order replaces sections 44 to 47 of the Terrorism Act 2000 with a more targeted and proportionate power. The provisions in the order will cease to have effect on the coming into force of the similar provisions in the Protection of Freedoms Bill—in other words, the order makes temporary provision and Parliament will have the opportunity to fully scrutinise the replacement powers in the usual way during the passage of the Protection of Freedoms Bill. The order removes the incompatibility of sections 44 to 46 of the Terrorism Act 2000 with the European convention of human rights in the light of the European Court of Human Rights’ judgment in the case of Gillan and Quinton which became final in June 2010.
The making of a remedial order using the urgency procedure means that it will come into force on
The decision to make a remedial order means that the discredited, ineffective and unfair “no suspicion” stop and search powers provided by sections 44 to 47 of the Terrorism Act 2000 are, in effect, replaced by a much more targeted and proportionate power. The use of an urgent remedial order is a necessary and sensible step to ensure that the police have the necessary powers in place to continue to protect the public from a risk of terrorism.