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
I would note only that these paras, sllowing the targeting of high-crime areas, appear to offer a partial solution - though if I lived in such an area, I might need some persuading that it is “non-discriminatory”. /4
My experience as @terrorwatchdog suggests that people are much more sensitive about powers that they perceive as targeting the community and they are about powers of general application. /5
Anyway, this controversial line of cases continues – and @mikarv is an excellent guide to it. /6
*their community than
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Some would have preferred to remove clause 9 altogether - but given the national security reasons advanced for it (and the flat rejection of numerous other @UKHouseofLords amendments), that was never going to be accepted by the Govt or the elected House. /2
Others would have liked to curtail the substantive citizenship deprivation power, perhaps by taking it back to its 2003 limits: I had some sympathy for this, but it was never voted on and is a much broader issue than the clause 9 issue of withholding notice. /3
Why was the power to deprive on “conducive to the public good” grounds exercised more than 100 times in 2017, far more than in any other year (though figures for 2019-2021 are not yet available)?
And an interesting admission that the notification requirement which HMG seeks to remove by clause 9 of the bill has only once stood in the way of the deprivation power (in the D4 case which @SayeedaWarsi and I referred to in our 2nd reading speeches hansard.parliament.uk/Lords/2022-01-…).
Furore over HMG public order defeats should not distract from other important changes to #PCSCBill made by @UKHouseofLords last night: urgent review into spiking and injections,making misogyny an aggravating factor in sentencing many crimes (as a racial element already is) … /1
… imposing a statutory duty duty of candour on police, and scrapping the Vagrancy Act 1824 which makes it a crime to beg or sleep rough. /2
Those changes will go back to @HouseofCommons, which can accept them, amend them or play us at ping-pong (which they always win if they are sufficiently determined: we always defer in the end to the elected House). /3
Just attended an online Covid briefing with Sir Patrick Vallance, Chris Whitty &c. Only MPs and peers - almost 450 of us. Questions were uniformly concise, courteous, pertinent, well-informed and non-political: better on each count than we usually hear at press conferences. /1
Lots of fair challenges, esp on messaging. How can omicron be "doubling daily" when figures look stable? Publish staff absence rates, given it's a crucial issue? Map vaxed/non-vaxed hospital cases against vaxed/non-vaxed numbers in each age cohort, to make the case for vax? /2
Parliamentarians are right to push these points on behalf of an engaged and intelligent public - the scientists benefit, even when they have answers, and MPs can use what they learn to inform constituents and hold government effectively to account. /3
CHIS = covert human intelligence source legislation.gov.uk/ukpga/2000/23/…: put simply, an agent who for whatever reason (personal, financial, even patriotic) agrees to help the police, MI5 or others spy on suspected criminals. They are authorised under #RIPAlegislation.gov.uk/ukpga/2000/23/… /2
CHIS play a vital role in disrupting terrorism and organised crime. Over the past year, CHIS operations by @metpoliceuk alone are claimed to have led to 3500 arrests, recovery of 100 firearms and 400 other weapons, seizure of 400 kg of Class A drugs, and £2.5m cash. /3
It may have solved their political problems, at least in the Commons, but does not solve their legal ones. /2
The threat unilaterally to rip up important parts of the Withdrawal Agreement continues at least arguably to infringe the duty in article 5 WA to “refrain from any measures which could jeopardise the attainment of the objectives of this agreement”. /3