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David Anderson Profile picture
@bricksilk
Jun 16, 2020 • 6 tweets • 4 min read • Read on X
Is the EU really insisting that the Human Rights Act remains unchanged? It doesn’t look like that to me – and (despite what others have said) the Security Minister did not contradict me. From today’s evidence session: parliamentlive.tv/event/index/24…
The EU *is* demanding from us a guarantee of continued adherence to the #ECHR: but since our commitment to that is now "absolute" (phew), the Minister seems confident that the issue can be finessed in the text of an agreement: parliamentlive.tv/event/index/24…
A bigger obstacle is data adequacy, where (absent a deal satisfactory to #CJEU) the ragbag of BCRs, SCCs, Interpol, CoE and bilateral deals mentioned by the Minister parliamentlive.tv/event/index/24… will make for what @UCL_EI call "a rocky few years ahead": ucl.ac.uk/european-insti….
The (mutual) loss of useful capabilities will be real, particularly on anything requiring the sharing of data in real-time: parliamentlive.tv/event/index/24… (former @terrorwatchdog), parliamentlive.tv/event/index/24… (former @Europarl_EN rapporteur Lord Kirkhope).
As former National Security Adviser @LordRickettsP suggested parliamentlive.tv/event/index/24…, this is ultimately because EEA/Schengen levels of access will be unachievable with Canadian/Australian levels of autonomy.
Even a backroom fudge (of which there was no sign in the Minister's answers) would ultimately have to satisfy the #CJEU - which has hardly shown itself flexible in this area. So it's not easy to be optimistic - though I commend the Minister for trying.

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More from @bricksilk

David Anderson Profile picture
Jun 30, 2023
My independent review of the Investigatory Powers Act 2016 is published today. The Act generally works well, but my review examines some specific proposals for change. .gov.uk/government/pub…
Govt announcement here gov.uk/government/new…
A one-page summary of my #IPA2016 review is here. Tl;dr the Act has worked well so far, but an amending Bill should address some specific points and by 2030, technological change will require us to rewrite the vocabulary of surveillance and its oversight. https://t.co/ZmqH05jSpggov.uk/government/pub…
Read 4 tweets
David Anderson Profile picture
Jun 28, 2023
The rule of law is an undefined statutory concept. Lord Keen, who resigned over the “limited and specific” breach of international law in #IMA2021, and I sought clarity from our Law Officers in @HLConstitution https://t.co/aK3jpkk2ZL (0905:45-0920:15)./1Parliamentlive.tv
parliamentlive.tv/event/index/5b…
There are well-established international definitions by the CoE Venice Commission and the EU (whose conditionality regulation of 2020 was the subject of a 25-judge ruling recently). So it would not be impossible to arrive at our own definition. /2
But it is clear from the Law Officers’ replies this morning that there is no common view within government, even though differences in relation to the issue of international law may have been pragmatically resolved. /3
Read 8 tweets
David Anderson Profile picture
Dec 1, 2022
I've been looking at the Foreign Influence Registration Scheme, added in its current form to the #NationalSecurityBill on the last day of its passage through the Commons. No html version available yet but it's Part 3 (ss 62-81) of the Bill: bills.parliament.uk/publications/4…. /1
I think I understand why the activities of specified persons (e.g. China, Russia, Iran and entities they control) need to be registered (cll 62-65). Hostile states need careful watching and hopefully this (and the penalties for non-compliance) will help. /2
Less obvious is why ALL governments and ALL bodies incorporated outside the UK should be required to register "political influence activities" including contacting an MP or issuing public communications aimed at influencing UK government decisions (cll 66-70). /3
Read 15 tweets
David Anderson Profile picture
Dec 1, 2022
The long-awaited Ouseley report into closed material proceedings has now been published. tl;dr - CMPs have enabled more cases to be tried, but special advocates need better resources.assets.publishing.service.gov.uk/government/upl…
Most of the concerns expressed during the passage of the #JSA2013 are found not to have been realised in practice. But there are 20 practical recommendations for improvement of the system. /2
My own role in the genesis of #JSA2013 is summarised here daqc.co.uk/wp-content/upl…, at pp 416-418. /3
Read 4 tweets
David Anderson Profile picture
Jun 13, 2022
The #NIProtocolBill is here, together with the claimed legal “justification” which is the doctrine of necessity. Sounds thin to me, not to say threadbare. gov.uk/government/new…
The Govt’s legal position is summarised here gov.uk/government/pub….
In short - necessity rarely excuses a breach, and only when (inter alia) the State’s act is the only way to safeguard an essential interest against a grave and imminent peril, and when no other essential interest is seriously impaired by the breach: jusmundi.com/en/document/wi…
Read 7 tweets
David Anderson Profile picture
Apr 5, 2022
Useful 🧵 on today’s #CJEU Dwyer judgment - a notorious murder in Ireland that was only solved because location data was routinely saved for 2 yrs in case police needed access in a criminal investigation. /1
This enabled the crime to be pinned on a previously unsuspected architect, whose professional movements over a long period corresponded with those of the incriminating phone. /2
I was an expert witness in the case so will not comment further on a judgment that largely follows #CJEU precedent, whatever you think of it (other approaches are available: see #ECtHR). /3
Read 7 tweets

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