LOCAL politicians and the Law Society of WA have warned that the State Government’s proposed stop-and-search legislation could violate human rights under international law.
The legislation is scheduled to be considered in parliament next month.
However, Fremantle MLA Adele Carles said a recent ruling by the European Court of Human Rights found similar legislation in the United Kingdom to be a violation of human rights.
Under Britain’s Terrorism Act 2000, police were able to stop and search people in public without any reasonable suspicion of wrongdoing.
The case went to the European Court of Human Rights after police stopped and searched two people who were on their way to a protest in 2003.
One of them was a journalist who was ordered to stop filming the protest, despite showing her press card, while the other was only allowed to leave after 20 minutes.
The judges said the power to search a person’s clothing and belongings in public included an element of humiliation and embarrassment, which was a clear interference with the right to privacy.
“There is no doubt that the proposed stop and search powers would interfere with our right to privacy and our right to be free from arbitrary interference,” Ms Carles said.
“Essentially, these powers infringe on our civil liberties and as such they should be scrapped.”
Alfred Cove MLA Janet Woollard said there needed to be adequate safeguards for the police and community.
“For example, when police stop and search, they should provide information on themselves so the community can follow it up and they should have to keep written records,” she said.
Law Society of WA president Hylton Quail said the Society had made a submission to the Standing Committee on Legislation and wanted to appear before the committee to give evidence.
“Police already have very wide search powers targeted at criminal activity and there has been no credible evidence that their existing powers are inadequate,” he said.