'Terror asset' seizures law pledge

Supreme Court president Lord Phillips who helped oveturn Government measures to freeze assets of suspected terrorists
12 April 2012

The Government promised new "fast-track legislation" after the Supreme Court overturned a Treasury assets freeze on suspected terrorists.

A panel of seven justices allowed a challenge by five men who had all their assets frozen under orders made when Gordon Brown was chancellor of the exchequer.

The 2006 orders were in response to UN Security Council resolutions calling for steps to be taken to hit the financing of international terrorism.

But the orders were not voted on in Parliament. The Supreme Court ruled the Treasury had exceeded its powers and the orders were unlawful.

The justices declared that if the Government considered "far-reaching measures" were necessary to combat terrorism, "it must first obtain approval for them from Parliament".

Later a Treasury spokesman said: "We will introduce fast-track legislation to ensure there is no disruption to our terrorist asset freezing powers."

Meanwhile, orders giving anonymity to four terror suspects who appealed against asset-freezing orders made by the Treasury were overturned by the Supreme Court in a move greeted by observers as a resounding day for press freedom.

The Justices held that there "never was the slightest justification" for such orders, and pointed out that "the courts below appeared to have granted anonymity orders without any very prolonged consideration and without explaining their thinking".

Orders were justifiable in "an extreme case", such as when a party or witness in proceedings or their family might be in peril of their lives or safety as a result of being identified.

But none of the terror suspects could show that identifying them would put anyone at risk of physical violence, the Supreme Court said.

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