Tweet

@AMcC_KC

This Thread may be Removed Anytime!

Twitter may remove this content at anytime! Save it as PDF for later use!

More from @bricksilk

David Anderson

@bricksilk

Dec 1

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

@bricksilk

Jun 13

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

@bricksilk

Apr 5

https://twitter.com/mikarv/status/1511247225812393987

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

https://twitter.com/mikarv/status/1511247225812393987

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

David Anderson

@bricksilk

Mar 21

Good news: Govt has agreed to reinstate my extensive amendments to clause 9 of #NABB (citizenship deprivation): publications.parliament.uk/pa/bills/cbill…. Those changes take the sting out of it, as I tried to explain here theyworkforyou.com/lords/?id=2022…. /1

@UKHouseofLords

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

Read 8 tweets

David Anderson

@bricksilk

Jan 20

@ukhomeoffice

Some interesting (if incomplete) answers yesterday from @ukhomeoffice to my written questions on citizenship deprivation, which will be relevant to debates on #NBBill clause 9 members.parliament.uk/member/4705/wr….

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)?

@SayeedaWarsi

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-…).

Read 15 tweets

David Anderson

@bricksilk

Jan 18

@UKHouseofLords

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

@HouseofCommons

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

Read 5 tweets

Share this page!

David Anderson

People who liked this thread also liked...

Try unrolling a thread yourself!

More from @bricksilk

David Anderson

David Anderson

David Anderson

David Anderson

David Anderson

David Anderson

Did Thread Reader help you today?

Don't want to be a Premium member but still want to support us?

Send Email!