ANTI-TERROR police have carried out more than 14,000 random stop and searches in Scotland in the wake of the Glasgow Airport attack, triggering an unprecedented warning from a government minister of a serious threat to civil liberties.
British Transport Police in Scotland are stopping and searching up to 100 people a day in stations like Edinburgh's Waverley Picture: Bill Henry
Kenny MacAskill, the justice secretary, last night described the volume of searches carried out under anti-terror legislation as "extraordinary".
The powers have never before been routinely used in Scotland, but The Scotsman has learned the number of searches has frequently exceeded 100 a day since the terror attack on 30 June.
It has also emerged that non-white people are six times more likely to be targeted – a statistic that has plunged police, who insist the measures are being used indiscriminately, into a race row.
The vast majority of searches have been carried out by British Transport Police (BTP) at the country's main railway stations, including Edinburgh Waverley and Glasgow Central.
Controversy over the use of random stop and search, granted by the UK parliament seven years ago, has been further inflamed by the fact that Scotland's chief constables ceased using the power more than four months ago, deciding they were "no longer proportionate".
Mr MacAskill said: "These figures appear extraordinary. I think the public would be right to look for a clear explanation on why the British Transport Police in Scotland believe they need to use these powers with such regularity. It's a genuine cause for concern.
"Scotland is well served by our police who work for, and with, our communities to protect them. Whilst we are in difficult times and it is absolutely vital that we protect our communities, we also have to protect civil liberties too.
"I think we need answers from British Transport Police on why these figures are so high – particularly when our eight local constabularies have always been able to react to similar threats and challenges, yet only used these special powers on a much smaller scale."
Mr MacAskill's comments will infuriate senior figures within the BTP, which is responsible for policing the UK's rail network, and further strain relations between the Scottish Government and Westminster. Only two days ago, Jacqui Smith, the Home Secretary, gave permission for the BTP to continue using random stop and search, ensuring further disruption for travellers at Scotland's main train stations over Christmas and New Year.
Under section 44 of the Terrorism Act 2000, chief constables can apply to the Home Secretary for permission to stop and search pedestrians, vehicles and drivers. Officers are not required to have any grounds to suspect that the person searched is involved in a terrorist act, or any crime.
The process typically takes between five and ten minutes and involves taking detailed notes, including a person's address, hair colour, build and shoe colour, as well searches of their possessions and/or car.
The powers were granted to chief constables on 1 July, the day after a vehicle was driven into Glasgow Airport's main terminal building and set on fire. Each police force is required to reapply to the Home Secretary every 28 days if they wish to continue using the powers.
Scotland's eight forces used the powers only in July, carrying out more than 130 searches on people and vehicles. Police initially feared other attacks were imminent following the airport bombing, but after that was discounted, the eight forces decided random stop and search would no longer be a "proportionate" measure.
However, there has been widespread use of stop and search at Scottish train stations, following repeated applications to the Home Secretary from the BTP's London-based chief constable, Ian Johnston.
Between 1 July and 11 December, 9,563 people, and 4,371 vehicles, were searched – an average of nearly 90 a day. In the past few days, The Scotsman has learned the average has exceeded 100, although police stress there is no specific terrorist threat.
After the airport bombing attempt, the terror threat to the UK was classed as "critical" – the highest level, meaning a further attack was thought to be "imminent". On 14 August, John Reid, the then home secretary, downgraded the threat to "severe".
Last night, Superintendent Ronnie Mellis, area commander of the BTP in Scotland, defended the use of the stop and search, and said: "This approach is used as part of an overall strategy to protect everyone using the rail system from terrorist attack.
"These searches are not intelligence-led and there is no reason to believe that Scotland is any more at risk from terrorism than anywhere else. They are routine operations, the like of which BTP carries out at various locations around Britain's rail system on a regular basis. It aims to disrupt and deter any potential terrorist activity and reassure the public."
He went on: "We hope that, as well as disrupting and deterring possible terrorist activity, it will also provide visible reassurance to the travelling public that police are being vigilant for their safety. We aim to carry out the operation with minimum disruption and would like to thank the public for their co-operation and understanding."
Armed police have become a common sight at transport hubs since the 30 June attack
Assistant Chief Constable John Corrigan, the counter-terrorism co-ordinator for the Association of Chief Police Officers in Scotland, said the stop and search powers were sought only "in the most extreme circumstances when there is a specific operational need".
He said: "The balance between the rights of the public to go about their lawful business and the need to protect society from terrorists is taken into account when such powers are sought by the police."
However, another senior officer, warned the public would face continuing intrusion from police. David Strang, the chief constable of Lothian and Borders Police, said: "I think inevitably part of the new world we live in means that the police have to be more intrusive than they have been in the past.
"All our officers are briefed regarding the terrorist threat and if we have major events where we're told there might be some intelligence or the potential of attack, I think the public would expect the police to be on top of that. If they saw someone acting suspiciously or wanted to check out what was in their bag or pockets, I think the public would accept that."
Professor Paul Wilkinson, from the centre for the study of terrorism and political violence at St Andrews University, said:
"There is still a severe threat to the UK, and Scotland is not immune to that. These police measures will be employed while the threat is there. The idea that al-Qaeda will suddenly abandon attempts to attack Europe and the UK is, unfortunately, rather optimistic.
"I think the public are willing to accept certain inconveniences for the sake of keeping the public safe, but they don't want to see basic civil liberties eroded."
'APPARENTLY INDISCRIMINATE POWERS ARE ACTUALLY USED VERY DISCRIMINATELY' MUSLIM community leaders last night accused police of alienating ethnic minority groups as it emerged that non-white people in Scotland are six times more likely to be stopped and searched under new anti-terrorism powers.
Figures obtained by The Scotsman show that 778 (12 per cent) of the 6,915 people stopped and searched under section 44 of the Terrorism Act between 1 July and 8 November were non-white. In Scotland, 2 per cent of the population is from non-white ethnic minority groups.
Osama Saeed, from the Muslim Council of Scotland, said: "Stop and search is humiliating the disproportionate number of Asian-looking people that are stopped under it, undermining good relations between police and communities, which are essential at this moment.
"As well as being counterproductive, there must be much better uses of valuable police time.
"With there being no good reason to search someone, searches in London instead appear to be carried out on the basis of colour of skin. Figures from there show a hugely disproportionate level of searches on Asians and blacks. We can see the same thing happening in Scotland. Apparently indiscriminate powers are actually used very discriminately."
He said only one in 400 searches had led to an arrest, and only ever for non-terror-related crimes.
Mr Saeed claimed they could not even stop someone carrying out a suicide attack. "In London, Section 44 powers have been in perpetual use for years now. It's led to a great deal of resentment, and the British Transport Police similarly risk jeopardising good relations between Muslims and the police in Scotland. Stop and search should be strongly opposed here before it becomes part of the culture."
Superintendent Ronnie Mellis, area commander for the BTP in Scotland, said: "These powers are used completely randomly and British Transport Police does not profile those we search or target any one ethnic group."
STOPPED ON WAY TO CATCH TRAINCHRIS Drew had his bag searched by British Transport Police at Edinburgh's Waverley station earlier this year.
The apprentice quantity surveyor, 23, was approached by an officer as he entered the train station in July.
He said: "The only reason they gave for stopping me was that I was being stopped under Section 22 of the Terrorism Act."
He recalled four or five policemen were stopping commuters at random.
Mr Drew, from the capital, who is white and wears a long beard, said: "I know I don't look 'normal' as such, but they were stopping other people around me."
The officer asked a number of questions concerning his name, address and date of place of birth, and recorded the answers on a form.
A physical description of Mr Drew, including what he was wearing, was noted. He said: "The policeman was very polite and didn't offend me in any way. They didn't ask for my ethnicity."
The search lasted only a few minutes and Mr Drew was able to catch his train.
The policeman handed him a pink copy of the form as a record of the search.
Officers given wide array of new powersSTOP and search is among an array of powers given to police under recent anti-terror laws.
The most controversial is the power to detain a suspect without charge for up to 28 days.
Anti-terror detention powers were used against Mohammed Atif Siddique, the student convicted of using the internet to encourage an act of terrorism. He was detained 14 days before he was charged.
The government wants to extend the limit to 42 days, but faces a battle to get the legislation through parliament. Under various anti-terror laws passed since 2000, police have the power to designate "cordoned" areas for terrorist investigations, for up to 28 days.
It is also now an offence to organise, take part in or carry on with a demonstration in a "public place" in a "designated area" unless, when that demonstration starts, authorisation has been given.
A police officer is free to arrest – without a warrant – any person he or she suspects of being a terrorist.
Police may also be able to seize money if there are reasonable grounds for suspecting that it is "terrorist cash".
The full article contains 1851 words and appears in The Scotsman newspaper.
