Sheep and Security and Revolting Peasants

[Nicholas Bohm]

At 02:53 PM 9/15/2000 +0100, Richard D G Cox wrote:
>Anthony Cunningham <tjc@riskexplorer.com> asked:
>
>>> Does Plod have the powers to shut down the cells around a trouble-spot
>>> to prevent the use of mobiles?
>
>The Secretary of State (T&I) does - in reality that probably amounts to
>the same thing - he can give any Telco "directions of a general character"
>if those directions appear to him to be "expedient in the interests of
>National Security or relations with the government of a country or
>territory outside the United Kingdom". (Telecomms Act 1984, s94)

I don't think this is the relevant power:  the direction to shut down a
cell would be of a specific character, not a general character.  (This may
sound like lawyer's waffle:  the distinction is in fact well understood in
Whitehall.  If the SofS has a power to give general directions, he cannot
be required to answer Parliamentary questions on day to day conduct of
telcos; if he has a power to give specific directions, a PQ about whether
he will direct some particular thing to be done or not done becomes "in
order".  That's why such powers are not routinely conferred.)

Regards,

Nicholas Bohm

Salkyns, Great Canfield,
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