Police powers contained in the Serious Organised Crime and Police Bill pose a threat to an individual's right to respect for private and family life, with some aspects of the Bill 'anathema to the common law', the parliamentary joint committee on human rights reported this week.

The committee criticised the proposed new Serious Organised Crime Agency's (SOCA) remit to gather information relating to 'crime generally', not just serious crime.


It expressed concern over the agency's right to disclose information to any government department, without being restricted to departments that would use the information for law enforcement.


Enforcements: disclosure fears

The MPs and peers also criticised the power conferred on SOCA's director-general to designate any member of the agency's staff as a person with the same powers as a constable, customs officer or immigration officer.

The committee said clarification was needed on how the government would ensure such people were adequately trained and subject to appropriate control and disciplinary proceedings.


The committee reported that it was not satisfied that provisions relating to arrest warrants were compatible with the Human Rights Act 1998. It said the concept of an all-purpose warrant contained in the Bill was 'anathema' to the common law that had been in place for 'centuries', because it did not provide enough prior judicial control.


Girish Thanki, civil liberties partner at London firm Thanki Novy Taube, said: 'It is unbelievable that the SOCA director-general can nominate a member of staff to have the same powers as a police officer - it takes away essential rights that only a police officer is allowed to act in a certain way. The proposals relating to warrants are also alarming.'