West Belfast Sinn Féin Sinn Féin -- Building an Ireland of Equals

PSNI must suspend use of stop and search powers

Published: 14 February, 2010

by Sinn Féin Councillor and West Belfast DPP member Maire Cush

The European Court of Human Rights (ECHR) ruled on 12 January that the power to stop and search people arbitrarily - without any grounds for suspicion - was a violation of the human right "to respect for private life".

The British government has refused to repeal or suspend the legislation and has said it plans to appeal against the ruling.

The most recent figures available from the PSNI, showing that only 39 of more than 10,000 people stopped and searched were arrested, back up the European Court of Human Rights finding that the so-called anti-terror legislation was being abused by police, and used in an arbitrary and discriminatory way.

Targeting nationalists

The nationalist population in the Six Counties has borne the brunt of this violation of civil rights.

Sinn Féin has campaigned against this abuse of power by the police since the introduction of this draconian legislation by the British government. We believe that, in light of the European Court of Human Rights ruling that the Section 44 powers are illegal, the PSNI must now suspend its use of these powers.

The latest quarterly figures publicly available, from July to September last year, on the PSNI's use of S44 stop and search powers show that:

  • There was a dramatic jump in their usage, with figures more than doubling from the previous quarter. From July to September last year, 10,265 people were stopped and searched under S44 in the Six Counties.
  • 485 of these stop and searches were carried out in West Belfast .
  • Stop and search powers continue to be invoked disproportionately in nationalist areas.
  • The use of stop and search continues to be demonstrably ineffective by the PSNI's own criteria. Of the more than 10,000 people stopped and searched during the quarter, only 39 were subsequently arrested.

Challenged

The problems in the use of such police powers are compounded in West Belfast, with a long history of such powers being abused for political repression against republicans and nationalists.

Many of those who have been stopped and harassed by the PSNI were stopped because of their political opinion or background.

This abuse of power amounts to political policing and damages the credibility of police forces that use them, as well as damaging their relationship with the community.

People in West Belfast want a police service that will deal robustly with serious issues affecting their daily lives. They want to see effective, civic and accountable policing, and the use of Section 44 powers by the PSNI undermines this.

Sinn Féin is calling on the PSNI to suspend its use of Section 44 powers and is challenging the PSNI on this issue on the Policing Board and in District Policing Partnerships.

At the last West Belfast District Policing Partnership public meeting, held in Glen Community Centre in Lenadoon, Upper Falls Sinn Féin councilor Michael Browne challenged the PSNI on their use of stop and search powers.

Sinn Féin Policing Board member Alex Maskey has written to the British government and the PSNI chief constable asking for their response to the ECHR ruling.

Fellow Policing Board member and Sinn Féin MLA Martina Anderson will be part of the Policing Board's Human Rights and Professional Standards Committee's review of stop and search powers that was announced following the ruling.

The PSNI should now suspend its use of Section 44 in light of these facts, and the ruling from the European Court of Human Rights that it is incompatible with Convention rights.

The continued use of this legislation is a flagrant abuse of human rights.