Church body criticises mooted expansion of policing powers

In a submission to Parliament’s Justice Committee, the Commission said its concerns about the Policing Amendment Bill arose from principles of Catholic Social Teaching involving the common good, solidarity, subsidiarity and the preferential option for the poor and vulnerable.

In announcing the Bill, Police Minister Mark Mitchell said it would reaffirm Police’s ability to record images and sounds in public places, and in some private places. This follows a Supreme Court decision that saw Police powers in this regard restrained.

However, the Privacy Commissioner is concerned “the proposals go much further than returning Police to its previous operating state”, Law News reported.

Under the Bill, officers need only believe that the information they collect “may or will support the Police in performing a function”.

The Justice and Peace Commission stated that the Bill “effectively erases . .  necessary human rights boundaries, legitimising intelligence-led surveillance without embedding privacy, youth or race-specific accountability or any additional oversights to protections essential to prevent a repeat of systemic breaches”.

“In a sentence, this Bill will harm not enhance the common good,” the Justice and Peace Commission stated.

“While the Government argues the Bill will ‘strengthen Police’s ability to detect and prevent crime’ and ‘help keep Kiwis safe’, the common good is not reducible to public order alone.

“For the common good to flourish, trust, equity, and respect for rights are required. When trust between Police and communities erode, the common good erodes with it.

“Criticism from the Privacy Commission that the Bill sets ‘the bar too low’ for safeguards, and risks ‘lots of court challenges’ due to its breadth, demonstrates that this Bill, if passed, will undermine social cohesion and trust, key elements necessary to maintain equilibrium and the common good.”

The Justice and Peace Commission also expressed concerns over the broadening of Police powers in public places, the impact of the Bill’s provisions on groups subject to past over-policing such as Māori and Pasifika, and oversight of Police actions.

The submission called for the Bill to be withdrawn, but made several recommendations for amendments should Parliament decide not to do that.

“We acknowledge the State’s responsibility to promote public safety and prevent harm,” the submission continued.

“However, in Catholic Social Teaching, public authority is legitimate only insofar as it serves the dignity of the human person and the common good. Measures that rely on expanded coercive power without robust safeguards risk undermining both.”

FULL STORY

JPC submission Policing Amendment Bill (Justice and Peace Commission/Catholic Diocese of Auckland)