New Police Power Undermines Human Rights

Well it’s taken a couple of years but finally the British government have had to cave into the EU Commissions demand that the British people must be subjected to Random Breath Tests.

Even though giving our police this power undermines one of our basic rights; that strange concept of the Presumption of innocence.

Back in 2004 when the EU Commision first announced its intention to force the British government to implement this proposal, The Home Office expressed opposition to the introduction of random breath tests for drivers, arguing that such measures are “inefficient” in catching drink driving offenders.

A Home Office spokesperson said: “The police are already quite adept at targeting drink drive suspects and the government would like forces to continue to use intelligence-based methods to catch offenders.”

Neither did the police feel they needed this power 24 may 2004

The Police Federation of England and Wales has warned against the introduction of random breath testing, arguing that officers already have sufficient powers to tackle drink driving.

Rod Dalley, vice chairman said: “We already have sufficient powers to request breath tests. The ability to carry out random breath tests would remove the need for police to justify their actions and may serve to further alienate the public. The answer lies in ensuring there are sufficient numbers of officers deployed to roads policing duties to enforce the legislation.”

An article by James Kirkhup in the Scotsman said;

THE government is facing a bureaucratic struggle to fight off a European Union proposal for British police to adopt Continental-style random breathalyzer tests of motorists to cut down on drink-driving.

The Home Office yesterday rejected as “inefficient” the introduction of random stop-and-search style policing, which is being recommended by the European Commission. Britain, Ireland and Denmark are the only EU countries where random checks are not legal.

Ad Hellemons, president of the European Traffic Police Network, warned that if the UK does not voluntarily follow the recommendation, the Commission will attempt to make the random-testing plan into a directive, giving it legal force over member states.

“We are aware that the UK is not happy about this, but at the end of the day we are talking about making our roads safer,”

And also suggested a reason for the Stirling defence of the British freedom to make its own laws.

With European Parliament elections and final negotiations for the EU constitution due next month, the government is keen to avoid the impression that Brussels is infringing on everyday British life, for fear of handing political ammunition to eurosceptic parties like the Conservatives and the UK Independence Party.

“We don’t need to be told by Brussels that we need to have random breath-testing,” said Michael Howard, the Conservative leader. “This is the sort of thing we will be fighting at next month’s elections.”

Labour also is wary of further antagonising motorists already angry at rising fuel prices and the widespread use of speed cameras.

But now with Tony Blair in his thankfully last days in power and almost certain to sign up to the new EU document to introduce the EU Constitution by the back door next month, such thoughts can be safely confined to the dustbin.

Now they have changes their tune as the Times story announcing the discussion paper says;

Ministers believe that giving the police the power to stop any driver, regardless of how they are driving, would be a powerful deterrent.

Research has shown that many drivers exceed the alcohol limit because they believe that they can still drive safely and they know that there is little chance of being caught. At present, the police can stop only those drivers who have committed a moving traffic offence or those who they suspect have exceeded the limit.

Not even a hint that the government have been forced into this climb down by the EU Commissions demands.

So the government did not want it- the police don’t need it- it undermines a basic human right- the presumption of innocence- but because the EU Commission demands it we are going to get it, so much for our democratic choice at an election.

When we can not longer elect those who make our laws and even those we do elect are forced into something against their will, we are living in an autocratic tyrannical oppressive state.