THE Isle of Man could become a police state if a new criminal justice bill goes ahead, warned David Callister MLC.

The Department of Home Affairs has proposed a new Criminal Justice (Miscellaneous Provisions) Bill 2009 which would both improve existing laws and seek to introduce changes to enhance the criminal justice system.

Public views are now being sought on the new draft legislation. But Mr Callister said many of the clauses in the draft bill 'border on the draconian' and would 'impact to the detriment of Manx life and make an enemy of the police'.

He said: 'If this bill is passed in its present form it will become a precursor to the creation of a police state. The draft bill contains a number of highly controversial clauses. Several of these would allow the police to by-pass the judicial process.'

He explained: 'It would allow the police to enter your home without a warrant, act as a censor of stage performances, of unclassified films and even internet images.

'Public meetings could be disbanded, exhibits could be removed from art galleries (as has already happened in the UK) and, astonishingly, under-age children could be used to entrap shopkeepers.'

He added: 'The provisions in the draft bill even extend to who may, and who may not, provide food between the hours of midnight and 5am and it would give a constable the power to prevent an individual from drinking in any public place on the Island (at present this is limited to designated areas).

'The DHA is even considering introducing legislation to control such websites as Facebook.'

He said that although not all of the 85 clauses in the draft bill were unacceptable, and many 'appear to be both sensible and reasonable', he would not be supporting the bill in its present form.

Mr Callister wrote to the Isle of Man Newspapers following a letter by civil liberties campaigner Tristram Llewellyn Jones, of Port Lewaigue, calling for closer inspection of the bill, which was published in the Isle of Man Examiner of October 20.

In his letter, Mr Llewellyn Jones said: 'The police would use these powers without any judicial oversight whatsoever. This begs the question: What happens if the police are wrong and target someone who is innocent?

'Our existing justice system fundamentally relies on the courts verifying crime and punishment. Who wants to abandon this ancient right?'

He added: 'We have watched the UK become a bit of a police state but there is no need for the Isle of Man to follow suit.

'In the Isle of Man we need common sense — not punitive and pointless laws. These contentious new proposals need widespread debate.'

Visit www.gov.im/dha/consultations.gov or printed copies are available from DHA legislation manager Tom Bateman on 694305.

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Among the proposals in the bill are:

To make any contract from an unsolicited cold call illegal in a bid to prevent intimidation.

To create new offences to protect children from paedophiles, including actions such as inciting a child to engage in sexual activity and causing a child to watch a sexual act, plus heavier penalties for the printing or selling of obscene publications.

Possession of extreme pornographic images, such as threats to life or serious injury, would also be made illegal.

Anyone convicted of a sex offence off the Island would have to register as a sex offender if they lived here.

There would be extra sentencing powers on drug offences where it involved supply near a school.

The power to prevent convicted drug dealers, on their release from prison, from travelling off Island to collect drugs or arrange their delivery.

Increasing the penalties for possession of flick and gravity knives to six months in custody (from three months) or a fine of 5,000 (from 1,000).

A provision to make late-night food outlets responsible for reducing any noise and litter in their area.

Powers for the police to deal with noise caused by groups of people in residential areas. Areas could be designated as a problem zone for a specified period of time, with notice given of the designation, and then the police would be able to tell groups of 10 or more people to move on and return people under 18 to their homes.

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Aim is 'to protect vulnerable members of Manx community'

THE Department of Home Affairs says the aim of the bill is to enhance the protection of vulnerable members of the Island's community – but no final decisions on its content have yet been made.

It contains provisions relating to cold calling, drug offences, driving bans, sex offences involving children, reducing noise at night, drinking in public and increasing the police presence on the streets.

Home Affairs Minister Adrian Earnshaw urged those with views to take part in the consultation process. 'No final decisions whatever have so far been taken and none will until my colleagues and I have read and considered the views we receive,' he pledged.

He added: 'This is an important piece of legislation which, if successful, will in my opinion significantly benefit us all and I want to receive as many views as possible. It modernises and responds to shortcomings in the law identified by members of the judiciary and will better equip the police to carry out their duties in safeguarding the public.'

After the consultation, an updated version of the draft bill will be considered by the Council of MInisters before being brought before the House of Keys early next year.

Mr Earnshaw rejected claims that the bill would enable police to enter people's homes without a warrant or that it would provide powers of artistic censorship.

There were no powers of entrapment in the draft, he said, although it would permit testing of retailers to ensure they are complying with the law in relation to the sale of certain products to children.

He said the bill does aim to introduce a licensing regime for those supplying food between midnight and 5am to reduce disturbance to neighbouring residents during those hours.

Police would only have the power to stop someone drinking in a public place if they were causing a nuisance and that would be controlled by a code of practice.

Mr Earnshaw also rejected one suggestion the department was seeking to 'control' social networking site Facebook.

'This is a wide-ranging piece of legislation and a considerable amount of work still remains to be done,' he added.

'With positive help from the public and political colleagues this is achievable and I intend to do my best to bring the bill into law.'

The draft can be seen at www.gov.im/dha/consultations.gov or by contacting the legislation manager Tom Bateman on 694305.

The deadline for views to be submitted is the end of December 2, by writing to Mr Bateman, Department of Home Affairs, Homefield, 88 Woodbourne Road, Douglas, Isle of Man IM2 3AP, or via email to consultation.crimemiscprovbill@gov.im

WHAT DO YOU THINK?

Send your comments to newsviews@newsiom.co.im

YOUR COMMENTS

Dear Sirs. With reference to your article about the Island becoming a police state, this would effect privacy and the human rights of manx citizens if implimented. Potentially, if the police were given these powers through legislation, it is not far removed from what Adolf Hitler adhered to in his latter reign of terror. The Isle Of Man has always promoted and been in the unique position it is in, by boasting the oldest parliament in the world and as such not being bullied or threatened by UK legislation. One look at the British Economy's mess is surely a lesson in how not to represent yourself in financial and global policies? If any consideration is to be given to the Island's totally unique standing and subsequent diverseness, then this suggestion of legislation should never be considered seriously and thrown out without question.

PROUD MANXMAN

Mr Callister has already missed the boat. We already have a Police state, "1984" has long passed. Where else in the UK can someone be arrested and incarcerated for the use of bad language ? It may be offensive, but more offensive is the proposition of a Police state. Has Mr Callister not heard that Douglas Council want to install a new face-recognising camera system manned by the Police ? For the "benefit" of all, so we are told. We are not so much governed anymore, as ruled. Those Rulers do what they want. They are connected to each other. We do have of course the Government watchdog whose role it is to keep the Gov in check, much like the FSA kept Kaupthing under serious scrutiny. We also see the increasing sharing of data between Departments. They can find out anything with ease, no questions asked. Should you be worried ? No, the Police are not clever enough to catch you, unless you fess up. Anyway, a good lawyer should be easily able to prove your innocence, well for at least 350 per hour anyway, so no worries there then. Is that a knock at my door....?

JC

Can we just start by reiterating that this is essentially a draft – it's not finalised and yes it needs tweaking but what do you people expect from the constabulary??? Always whining how they don't do anything then when they try to make you safer you whine about that as well. I for one support the majority of the proposed bill – if you don't want to get caught up in the new laws then don't break them. Our current laws are outdated and the system needs an overhaul. I for one was shocked to find out that if someone enters your house in the dead of night, moves your personal possessions around and videos you while you sleep there isn't much the police can do because voyeurism is not a crime over here. How would you feel if the object of that voyeur was your wife/daughter/sister? Bet you'd want a change in the law then. We have a lovely Island here with a good sense of community spirit and good relationships with the Police, but that depends on mutual support between the community and the Police, stop slating them for each and every little thing your narrow minds don't agree with and start recognising them for the good they do… or would you prefer a lawless state?

H

As an attempt to answer any panic or over-reaction to news of this

PROPOSED bill, and 'whinning' is not the intent nor demeaning any

efficent and law abiding polocy. Does intruding on privacy and human beings,god given rights come under the banner heading of keeping law and order? Voyeurism is a fact and example of the laws frailties and inadequet protection for law abiding citizens and the answer surely is not to give unreasonable access and power to the system, thereby

infringing on peoples lives! Narrow minds and uncooperation should not be seen as a scapegoat for inadeqet laws!

STILL PROUD MANXMAN

For each of the proposed new laws ask the following questions - is there a problem, does the solution work and is it proportional. In most of the cases the answer No, No, No. We don't need 'cut-and-paste' laws from 'broken Britain'.

KG

With regard to the law to incite hatred - the dictionary defines hatred as "a feeling of intense dislike". If you have an intense dislike of, say, the way certain religions treat denigrate women then you'll have to keep this to yourself or it's 7 year straight.

KG