The Independent Reviewer writes …

Max Hill QC
Max Hill QC

Welcome to the website of the UK Independent Reviewer of Terrorism Legislation. I am proud to take over from my distinguished and rightly celebrated predecessor, David Anderson QC. Where he led the way in engaging with all sides in national and international discussion about terrorism and national security, so I hope to follow and to build upon David’s excellent work.

Read more…

Features

My first Annual Report on the operation of the Terrorism Acts 2000 and 2006 has been presented to Parliament today. It can be accessed here.

This Report deals with the operation of the legislation during the year 2016. It is a feature of the timing of my appointment that my first Report deals with the period before I became Independent Reviewer of Terrorism Legislation on 1st March 2017. There was much to consider and review, though I recognise that many readers and commentators will be awaiting my review of the use of our legislation during 2017, in the aftermath of the atrocities commencing with the Westminster Bridge attack on 22nd March last year. With that in mind, I can confirm that I am in the final stages of completing a separate Report into Operation Classific, which was the Police investigation into the Westminster Bridge attack. I hope to present that Report to the Home Office next month.

Meanwhile, the first Annual Report follows a format made familiar by my predecessor, and it addresses the following:
Threat picture
Proscribed organisations and executive orders
Stop and search
Port and border controls
Arrest and detention
Criminal proceedings

As a further echo of my predecessor’s reports, I have asked my Senior Special Advisor, Professor Emeritus Clive Walker QC (Hon) to provide a Guest Chapter, this year entitled:
Executive legal measures and terrorism: proscription and financial sanctions

In this way, I hope that my Report and the Annexes (which include the Guest Chapter) provide useful information on the operation of all four of the statutes which I review, namely the two Terrorism Acts together with the Terrorism Prevention and Investigation Measures Act 2011 (which I address in the ‘executive orders’ chapter) and the Terrorist Asset Freezing Act 2010 (which is addressed by Professor Walker).

The Annual Report also includes an Executive Summary at the outset and Conclusions and Recommendations at the end.

Westminster eForum Keynote Seminar:

Regulation, responsibility and internet safety: policy, practicalities and the role of providers

Timing: Morning, Tuesday, 16th January 2018

Venue: Hallam Conference Centre, 44 Hallam Street, London W1W 6JJ

Ensuring legislation effectively mitigates the increasing terror threat

Max Hill QC, Independent Reviewer of Terrorism Legislation

I have been asked to address legislative solutions to the threat from terrorism which we all face in this country, mindful of the atrocities committed on our streets and bridges commencing on 22nd March last year in Westminster.

I accept the title given to me today, which is useful because it serves to underline my role and remit, which is to annually review our terrorism legislation, essentially the Terrorism Acts 2000 and 2006, together with the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 and the Terrorist Asset Freezing Act 2010.

In addressing the title given to me for this short address, we must ask whether and to what extent legislation can ever provide the remedy? I have spoken and written about this many times before:

I am on record, from when I first came into post as Independent Reviewer in March this year, saying that in general we don’t need more terrorism offences, and there may be examples of redundant terrorism offences which time has proved are not as necessary as Parliament thought.

Careful study of the relevant section of the Crown Prosecution Service website reveals that a wide range of statutory offences were deployed in charging terrorism cases  recently, including preparation of terrorist acts (section 5, 2006 Act), encouraging terrorism (section 1, 2006), belonging to a proscribed organization  ie  ISIS (section 11, 2000, together with inviting support for such an organization, section 12), funding terrorism (section 17, 2000), disseminating terrorist publications (section 2, 2006), Interestingly, training for terrorism under sections 6 and 8 of the 2006 Act  was not charged at all in 2015 or 2016. Inciting terrorism overseas was charged once in the same two-year period. Possession of articles for terrorist purposes under section 57 of the 2000 Act was charged once in 2015 and not at all in 2016. Some revision and trimming of the current legislation may yet be possible, and that would be a good thing. In general, I would suggest that our legislators ie Parliament have provided for just about every descriptive action in relation to terrorism, so we should pause before rushing to add yet more offences to the already long list.

Read more…

December 2017.

Having delivered my first Annual Report to the Home Office last month, it was my hope that the Report would be published before Christmas. It is in the nature of Annual Reports that they reflect on the previous year,  therefore this Report deals with the operation of the terrorism legislation in 2016. By the same token, my predecessors report into the operation of the legislation in 2015 was published in December 2016. It is also in the nature of Independent Reviewer reporting that the content is checked for sensitivity before publication by the Home Office and presentation to Parliament. Because I have access to sensitive and secure information, I accept this necessary delay between reporting and publication. That said, it is regrettable that my Annual Report into 2016 will not now be published until the beginning of 2018. I hope it will be available early in the New Year.

In order to address the delay going forward, I have resolved to embark upon writing my Annual Report for 2017 earlier than usual. Whilst it is necessary to await publication of all of the details and statistics from the year under review, I appreciate that there will be a strong public interest in the details of how our terrorism legislation operated when all were under great strain in the aftermath of the terrorist attacks we  witnessed in London and Manchester this year. If I can, I intend to complete my Annual Report for 2017 by the summer of 2018.

This month has been notable for the publication of David Anderson QC’s report, Attacks in London and Manchester between March and June 2017: Independent assessment of MI5 and police internal reviews, December 2017. The content is fascinating. It is also timely, because I am near to completing my report into Operation Classific, the police investigation following the Westminster Bridge attack. My work necessarily follows David’s report, where he looked at the intelligence picture before the event. I resolved to report as quickly as possible on Operation Classific because it was the first of the major investigations during 2017, and because it did not lead to ongoing criminal proceedings (in contrast, for example, to the Finsbury Park incident or the Parsons Green incident). I hope to complete this report within the first two months of 2018, prior to embarking on my next Annual Report as mentioned.

2017 has been a year of tragedy, but also a year of steadfast resilience on the part of all who work so hard to keep us safe. For every right-minded citizen of this country, 2017 has also been a year of outright refusal to be cowed by terrorism. I would like to thank everyone who has helped me in whatever way  to perform my work as Independent Reviewer, and I look forward to 2018.

Reports

My first Annual Report on the operation of the Terrorism Acts 2000 and 2006 has been presented to Parliament today. It can be accessed here.

This Report deals with the operation of the legislation during the year 2016. It is a feature of the timing of my appointment that my first Report deals with the period before I became Independent Reviewer of Terrorism Legislation on 1st March 2017. There was much to consider and review, though I recognise that many readers and commentators will be awaiting my review of the use of our legislation during 2017, in the aftermath of the atrocities commencing with the Westminster Bridge attack on 22nd March last year. With that in mind, I can confirm that I am in the final stages of completing a separate Report into Operation Classific, which was the Police investigation into the Westminster Bridge attack. I hope to present that Report to the Home Office next month.

Meanwhile, the first Annual Report follows a format made familiar by my predecessor, and it addresses the following:
Threat picture
Proscribed organisations and executive orders
Stop and search
Port and border controls
Arrest and detention
Criminal proceedings

As a further echo of my predecessor’s reports, I have asked my Senior Special Advisor, Professor Emeritus Clive Walker QC (Hon) to provide a Guest Chapter, this year entitled:
Executive legal measures and terrorism: proscription and financial sanctions

In this way, I hope that my Report and the Annexes (which include the Guest Chapter) provide useful information on the operation of all four of the statutes which I review, namely the two Terrorism Acts together with the Terrorism Prevention and Investigation Measures Act 2011 (which I address in the ‘executive orders’ chapter) and the Terrorist Asset Freezing Act 2010 (which is addressed by Professor Walker).

The Annual Report also includes an Executive Summary at the outset and Conclusions and Recommendations at the end.

Speeches

Westminster eForum Keynote Seminar:

Regulation, responsibility and internet safety: policy, practicalities and the role of providers

Timing: Morning, Tuesday, 16th January 2018

Venue: Hallam Conference Centre, 44 Hallam Street, London W1W 6JJ

Ensuring legislation effectively mitigates the increasing terror threat

Max Hill QC, Independent Reviewer of Terrorism Legislation

I have been asked to address legislative solutions to the threat from terrorism which we all face in this country, mindful of the atrocities committed on our streets and bridges commencing on 22nd March last year in Westminster.

I accept the title given to me today, which is useful because it serves to underline my role and remit, which is to annually review our terrorism legislation, essentially the Terrorism Acts 2000 and 2006, together with the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 and the Terrorist Asset Freezing Act 2010.

In addressing the title given to me for this short address, we must ask whether and to what extent legislation can ever provide the remedy? I have spoken and written about this many times before:

I am on record, from when I first came into post as Independent Reviewer in March this year, saying that in general we don’t need more terrorism offences, and there may be examples of redundant terrorism offences which time has proved are not as necessary as Parliament thought.

Careful study of the relevant section of the Crown Prosecution Service website reveals that a wide range of statutory offences were deployed in charging terrorism cases  recently, including preparation of terrorist acts (section 5, 2006 Act), encouraging terrorism (section 1, 2006), belonging to a proscribed organization  ie  ISIS (section 11, 2000, together with inviting support for such an organization, section 12), funding terrorism (section 17, 2000), disseminating terrorist publications (section 2, 2006), Interestingly, training for terrorism under sections 6 and 8 of the 2006 Act  was not charged at all in 2015 or 2016. Inciting terrorism overseas was charged once in the same two-year period. Possession of articles for terrorist purposes under section 57 of the 2000 Act was charged once in 2015 and not at all in 2016. Some revision and trimming of the current legislation may yet be possible, and that would be a good thing. In general, I would suggest that our legislators ie Parliament have provided for just about every descriptive action in relation to terrorism, so we should pause before rushing to add yet more offences to the already long list.

Read more…