Heightened republican threat results in increased use of special powers

A HEIGHTENED threat from anti-agreement republicans has led to more people being stopped and searched by police under terrorism legislation in Londonderry than anywhere else in Northern Ireland.

New data from the policing board shows that the PSNI tripled their use of special stop-and-search powers under Section 44 of the Terrorism Act last year.

Chair of the Londonderry District Policing Partnership (DPP), Elisha McLaughlin of Sinn Fin, said more people were searched in Londonderry than anywhere else in Northern Ireland and branded the nature and extent of searches an abuse of power.

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The Policing Board statistics show that in 2008/9, the PSNI used the anti-terror legislation almost 10,000 times, compared to 3,234 incidents in 2007/8.

Said Ms McLaughlin: "These statistics for last year show that Derry and Strabane, which are predominantly republican areas, had the highest volume of stop-and-search incidents anywhere in the North.

"This is a cause for concern for our party," she said.

The revelation follows a ruling by the European Court of Human Rights last week that found use of the legislation illegal.

The escalating use of Section 44 coincided with an increase in attacks by anti-agreement republican groups such as the Real IRA, the Continuity IRA and glaigh na hireann.

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This culminated in the murders of two soldiers outside Massereene barracks in Antrim and the murder of PSNI officer Stephen Paul Carroll in Craigavon in March.

Despite the heightened threat a NI Policing Board report has said Section 44 should not be used as an "easy alternative to traditional policing methods"

The board's Human Rights Report, published on Thursday, stated: "The Section 44 authorisation should never be viewed as an easy alternative to the Police and Criminal Evidence (Pace) power; police officers should resist the temptation to resort to Section 44 because he or she need not have reasonable grounds for suspicion.

Human rights adviser Alyson Kirkpatrick has found: "As the exercise of the power is predicated upon a lawful authorisation rather than reasonable suspicion, this is a marked departure from the long-established principle that a person could not have his or her freedom interfered with save where there was reasonable suspicion of a criminal offence.

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"The power is intrusive by its very nature and therefore police officers must be particularly mindful that it is exercised in a way that is lawful, proportionate and necessary to pursue a legitimate aim."

Chairman of the Policing Board's human rights committee, Basil McCrea, said the PSNI had expressed a willingness to engage with the board.

"Whilst recognising the need for the police to have access to stop-and-search powers to assist their role, the public also need assurance that the police are fully accountable in their use of these powers," he said.