Prying Eyes Of Britain

Larry Miller Discusses Some Incredulous Powers Of Search And Seizure





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Surveillance cameras in front of Big Ben

Surveillance cameras in front of Big Ben, at the Houses of Parliament, London. (AP)



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(CBS) Under English law, the courts have ensured that officials of the state cannot enter a private home without the occupier's permission, unless there is a specific law authorizing it. In principal it sounds like a good way to keep your home your castle.

However, the way around this is to make enough specific laws that you might as well keep your door unlocked. A British think tank researched all the different powers agents of the state have to gain entry to homes. There are now 266 different reasons officials can barge in. "Forcible entry" it's called, and if you try to prevent it, there are big fines, and in some cases prison, and ultimately you have to let them in anyway.

You have to open your door to everyone from tax inspectors to local clipboard carrying electricity meter inspectors. Still on the books from 1955 is the right to search for materials used to produce "horror comics", perhaps the forerunner of video nasties?

The report concludes that "many powers are drafted so broadly, citizens have no protection if officials behave officiously or vindictively." Remember, there is no Bill of Rights in Britain, which is one of the reasons the Founding Fathers and Mothers in the United States created one.

Listen To The Letter

To be clear, we're not talking about politely asking terror suspects if they wouldn't mind if the police have a little look around. Further, there are good reasons for most of the regulations, but these are open to abuse, and the citizen has little or no recourse. Personal property can be seized.

In addition, most government authorities don't keep records of why and when they demand entry to private property. Some, but not all, require warrants, and often a justice of the peace can issue one.

As if 266 powers weren't enough, there are more beating a path to our doors and across our thresholds. A law now going through Parliament will give bailiffs the power to enter homes and seize property to pay off traffic fines.

Another law temporarily shelved until after the next election, because it is so politically unpalatable, is the government's proposal to let local property tax assessors into every home. The more you've spent to improve your dwelling inside, the more tax you'll have to pay.

How much in extra property tax will that granite kitchen counter cost? That's a nice conservatory, even though you've spent $20,000 on it in after-tax income, there could be another tax hit. And what about that great view over rolling hills? Ring up the tax register again. And who would be making these assessments, poorly paid, and probably poorly trained, very minor official functionaries.

That might be a few years away. However, far more imminent is a new regulation going into effect in June that requires everyone selling their house to provide a Home Information Pack. It will contain legal documents showing you own the place, but there will be an energy efficiency report requiring you to allow another inspector into your home, this one to check your insulation, storm windows, draft proofing, whether your radiators have thermostats, and the efficiency of your central heating. This will cost the vendor as much as $2,000. You won't have to let the inspector in, but then you won't be able to sell your house, so they've got you over a barrel.

Opposition politicians are planning a last minute attempt to block the pack which they claim is "nothing but expensive red tape." It's more than that though. The British have become one of the world's most officially spied upon people. What the record number of closed circuit TV cameras don't catch outside, the house invading inspectors will inside.






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