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Supreme Court hears first appeal | |
(about 5 hours later) | |
The first hearing in the new UK Supreme Court is a challenge to government powers to create laws without a vote in Parliament, it has been argued. | |
Five men suspected of financing terrorism claim a Treasury freeze on their assets breaches their rights. | |
Tim Owen QC said the case involved "fundamental constitutional issues" about ministers making laws without parliamentary debate or scrutiny. | |
The court allowed one of the defendants to be named as Mohammed al Ghabra. | |
Mr Owen, representing three of the men, said the government had imposed "a draconian, intrusive regime which destroys the individual's power to live any sort of normal life without any conviction in a court". | |
"It is an abuse of executive power," he said. | |
The five suspects, four of whom cannot be named, have not been convicted of funding terrorism. | |
FROM INSIDE COURT ONE Daniel Sandford, home affairs correspondent, BBC News We have started on time at eleven o'clock sharp. | FROM INSIDE COURT ONE Daniel Sandford, home affairs correspondent, BBC News We have started on time at eleven o'clock sharp. |
The court is packed in a way no Law Lords hearings had been since the days of the General Pinochet case. All the lawyers have the nervous excitement of children on their first day at school. | The court is packed in a way no Law Lords hearings had been since the days of the General Pinochet case. All the lawyers have the nervous excitement of children on their first day at school. |
Grandees including the Duke of Wellington stare down from the portraits on the Portland stone walls below the hammer beam roof. | Grandees including the Duke of Wellington stare down from the portraits on the Portland stone walls below the hammer beam roof. |
The room has the feel of a medieval banqueting hall, but what is taking place here is a modern legal milestone. It is the first time that the UK's final court of appeal has heard a case outside Parliament. | The room has the feel of a medieval banqueting hall, but what is taking place here is a modern legal milestone. It is the first time that the UK's final court of appeal has heard a case outside Parliament. |
It is very different for the media too. We are allowed to use laptops and PDAs (including the one I am writing on now.) Small TV cameras sit discreetly in the four corners of the room. Almost everything that happens here today (barring anything particularly sensitive) is available to be broadcast. | It is very different for the media too. We are allowed to use laptops and PDAs (including the one I am writing on now.) Small TV cameras sit discreetly in the four corners of the room. Almost everything that happens here today (barring anything particularly sensitive) is available to be broadcast. |
But the Treasury has blocked access to their bank accounts, welfare benefits and other assets. | But the Treasury has blocked access to their bank accounts, welfare benefits and other assets. |
They are allowed a small amount of money for basic expenses, must account for their expenditure, and anyone providing them with "an economic resource" is liable to face criminal proceedings. | |
Ministers argue these powers were legitimised by adopting UN Security Council resolutions intended to tackle global terrorism. | |
The asset-freezing powers were introduced in 2006 - but were never scrutinised or approved by Parliament, which the men's lawyers say is unlawful. | The asset-freezing powers were introduced in 2006 - but were never scrutinised or approved by Parliament, which the men's lawyers say is unlawful. |
Mr Owen said the lawfulness of the restrictions depended on analysis of the United Nations Act and UK powers allowing such measures through an Order in Council. | |
"It was not intended to be an enormous, unlimited delegation of the legislative power by Parliament," Mr Owen said. | |
"Parliament did not deliver a blank cheque to the executive." | |
This was the first time the courts had had a chance to consider these questions, he said. | |
Far-reaching implications | |
The Supreme Court has taken over from the Law Lords as the final court of appeal for UK civil cases and criminal cases in England, Wales and Northern Ireland. | |
The £59m court is based at Middlesex Guildhall in central London. | |
Its creation was intended to make the judiciary independent of Parliament by ending the House of Lords' judicial role. | |
The casework that will be dealt with by the Supreme Court is exactly the same as that which came before the justices in the Lords. | The casework that will be dealt with by the Supreme Court is exactly the same as that which came before the justices in the Lords. |
It will deal only with cases that the justices consider to be the most important and where rulings have far-reaching implications. | It will deal only with cases that the justices consider to be the most important and where rulings have far-reaching implications. |
The first case was chosen as it deals with human rights and anti-terrorism powers. |