The Independent Reviewer writes …

David Anderson Q.C.

Welcome! I am an independent Q.C. and not part of the government machine. I am tasked with reviewing the operation of the United Kingdom’s anti-terrorism laws. Where I am critical, I recommend change. My reports and recommendations are submitted to ministers and laid before Parliament.

As reviewer I have a very high degree of access both to classified documents and to those most closely involved with defence against terrorism: Read more…

Features

What happened today?

The Grand Chamber of the EU’s Court of Justice (CJEU) gave judgment this morning in the case brought in 2014 by David Davis MP and Tom Watson MP, from which David Davis withdrew on his appointment to Government.¬†¬†They¬†challenged the¬†powers to require the¬†retention of certain types of communications data – not the content, but the “who, where and when” of communications –¬† in the Data Protection and Investigatory Powers Act 2014 (DRIPA 2014).

The Court spelled out the requirements of EU law, specifically, the privacy protections of the EU Charter of Fundamental Rights, in a manner which makes it plain that DRIPA 2014 is incompatible with those requirements.¬† In doing so, it went further than the more¬†pragmatic opinion of its own Advocate General and¬†further also than the existing case law of its sister court, the (non-EU) European Court of Human Rights. Read more…

I lectured last week to the Hart judicial review conference on recent cases concerning terrorism and surveillance.  Most (though not all) are judicial review cases.

Attached, in case of interest to any law students, practising lawyers or others, are:

Also of possible interest to lawyers is this video of a webcast I did for the International Bar Association on 30 November: it is a long interview by a BBC journalist, interspersed with questions from around the world, which touches on legal issues in terrorism, extremism and surveillance.

You can read a shortened version of the interview here.

Reports

Evidence

A House of Commons Public Bill Committee has been set up in order to give detailed scrutiny to the Investigatory Powers Bill that was unveiled on 1 March 2016 and given its second reading on 15 March.  A good deal of written evidence to that committee was published last week.

I was the first witness to be examined by the Public Bill Committee, on 24 March 2016.¬†¬†A¬† transcript of my 25-minute evidence has been published on the Committee’s website, and¬†most of it is captured on¬†video.

Later on 24 March, I submitted written evidence to the Public Bill Committee in order to¬†expand¬†upon some of the points touched on in my oral evidence and to raise some new points.¬† That written evidence is published here for the first time. Read more…

Speeches

I lectured last week to the Hart judicial review conference on recent cases concerning terrorism and surveillance.  Most (though not all) are judicial review cases.

Attached, in case of interest to any law students, practising lawyers or others, are:

Also of possible interest to lawyers is this video of a webcast I did for the International Bar Association on 30 November: it is a long interview by a BBC journalist, interspersed with questions from around the world, which touches on legal issues in terrorism, extremism and surveillance.

You can read a shortened version of the interview here.