23-11 '63:? #E'LIII 250/0. 6 2122_pu..._task_02 [E] / PUBLIC LAW Workshop 2 The Separation of Powers and the Rule of Law Workshop Task 2 The Home Secretary and the Rule of Law Read the following (fictitious) scenario: Following a series of terrorist bombings throughout the UK, Parliament enacts at great haste the Terrorism Act 2021 ('the Act'). Section 1 of the Act empowers the Home Secretary to 'implement such steps as he shall consider necessary to reduce the threat of terrorist- related attacks in the United Kingdom'. Using the powers granted to her by section 1, the Home Secretary establishes a body called the Terrorism Elimination Commission ('the Commission'), which is staffed by senior civil servants from the Home Office. Anyone who is not a UK national and is suspected of involvement in terrorist-related activities is to be brought before the Commission. If the Commission finds the allegations proven, the Commission may order the indefinite detention of such suspects. Proceedings of the Commission are to be held in secret. The substance of any evidence to be used against the suspects is not to be disclosed to either the suspects or their legal representatives in advance of the hearing. The Home Secretary also makes an order that any person who speaks out in public against the establishment ofthe Commission will be subject to a fine of10,000. This order will not apply to r\" Hers governing party. In one of the first cases to come before the Commission, I\" O