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PhotoLegal asks Home Secretary to drop s44

It’s no secret that I worked for the Conservative Party for ten years before pursuing a career in photography.  Despite being fairly disillusioned by the political process as a result, I’m fairly impressed at the measures on civil liberties that were included in the agreement between the Conservatives and the Liberal Democrats to form a coalition government, but it didn’t go into sufficient detail to confirm also the Conservative manifesto commitment to abolish s44 of the Terrorism Act and spare photographers from continuous harrassment which has occurred again within the last week (see first link at the bottom of the post).

I’ve met Theresa May on more than one occasion, most notably when I worked for the party in a constituency which included Stansted Airport.  As part of a visit to review the ‘Stop Stansted Expansion’ campaign, she visited a field just outside Great Dunmow during which there was great mirth about her wellies (you may remember that after a certain Party Conference appearance, everyone became very interested in Theresa’s shoes for a while).  I  think this probably enhances my chances of getting a letter actually seen by the new Home Secretary, so I’ve written asking her to drop the appeal against the European Court’s decision and to abolish or reform s44 to make sure we can all go about our lawful business of taking photographs in public places without fear of harrassment.

I’ve also cheekily asked if she’d like to make an appearance on a future episode of PhotoLegal.  Obviously I’ll keep you informed, and I’ll post any reply here as soon as we get it.

The text of the letter is given below:

Rt Hon Theresa May MP
Home Secretary
The Home Office
2 Marsham Street
London
SW1P  4DF

By email and post

13 May 2010

Dear Theresa

Congratulations on your appointment as Home Secretary.  I spent ten years working for the Party as a Constituency Agent so I am naturally delighted with the victory at the election, and even more pleased to see the section on civil liberties in the agreement with the Liberal Democrats.  The scrapping of identity cards, the new safeguards on DNA for those not charged or those who have been acquitted and the promise of a Great Repeal Act are key measures for the new Government and it is truly wonderful that they have been given such prominence.

You probably won’t remember the occasion, but we met on your visit to Saffron Walden in 2003.  We visited a field near Great Dunmow to show you the impact of a second runway, and I seem to remember your special advisor upstaging you on the wellington boot front causing much merriment, given all the local press wanted to talk about was shoes….

I digress.  After leaving the Party I went on to become a professional photographer specialising mainly in wildlife and travel.  However I also have a keen interest in street photography, and with a few friends started a podcast called PhotoLegal (www.photolegal.com) which achieved over 10,000 downloads.  One of the topics which most troubles both professional and amateur photographers is the atrocious way that photographers are treated, throughout the UK but particularly on the streets of London, and with particular reference to S44 of the Terrorism Act which is used by the Metropolitan Police and other forces to harass photographers daily.

I have attached links to some examples of this in action.  As you will no doubt be aware, the current application of S44 has now been ruled illegal by the European Court of Human rights, a judgement appealed by the Labour Government.  You have made a great start on the civil liberties front, but I wanted to bring this dire situation to your attention and urge you to:

  • Abandon the appeal against the European Court’s decision and, if you deem the protection offered by s44 to be necessary, then to revise the legislation to ensure it is not used to discriminate against photographers.
  • Recognise that taking a photograph in a public place is a legal act, and that photographers should be able to go about their activities without undue harassment.
  • Accept that should someone be engaging in an act of hostile reconnaissance, they would be using compact cameras or mobile phones and not large SLR type cameras or tripods.

As I say, I have attached some links which show the kind of incident that has become all too common in Britain today.  When we were recording regularly we had at least one a week to choose from, and this situation desperately needs to be resolved by the new Government to protect a large minority interest group from persecution by authority.

I will be publishing this letter and any reply received on the PhotoLegal website www.photolegal.com.

Thank you for your time, and I look forward to hearing from you.

Yours sincerely

Darren Hector

PS: I am sure you are very busy, but if you or one of your junior ministers would like to take part in an episode of PhotoLegal at any time to briefly discuss these issues, we’d be more than delighted to welcome you!

cc Rt Hon Michael Gove MP for Surrey Heath

News stories about photographers stopped under anti-terror legislation

http://www.guardian.co.uk/uk/2010/may/10/stop-search-photographer-grant-smith

http://www.telegraph.co.uk/news/uknews/6700122/Amateur-photographer-stopped-by-police-for-taking-pictures-of-Christmas-lights.html

http://www.guardian.co.uk/uk/2009/dec/08/police-search-photographer-terrorism-powers

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About the Author
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Darren Hector

Darren founded PhotoLegal in early 2009 and is a photographer specialising mainly in wildlife and nature. He has a particular interest in species that are considered as pests by humans, and is particularly fond of wild canids (foxes, wolves etc), starlings and hyena. In 2008 he trained as a scuba diver and now photographs both under and over the water. He founded the PhotowalkLondon group and organises a monthly walk in different parts of the UK capital as a social opportunity for photographers to meet up and take pictures. Outside of photography, he is a keen fan of Formula 1 and has recently started playing the tuba again after a fourteen year gap.

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