David Anderson Profile picture
Dec 1 15 tweets 5 min read
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
This seems broad! Broader I think than the Australian FITS and US FARA schemes which are relied on as precedents for the proposed UK law. /4
Registration is also potentially onerous since ongoing requirements may in principle be imposed on registrants under clause 72. /5
(Though if a large US company doesn't want to register, it can presumably avoid having to do so by simply making sure any activities are conducted by its UK subsidiary. Loophole?) /6
Since the registration requirement is not restricted to specified (hostile) govts, or to companies controlled by govts, or to activities relating to national security, I'm struggling to see what it is doing in a national security Bill. /7
Is it not more in the nature of a lobbying requirement (but one applied, oddly, only to foreign entities?) If so, how does it relate to Lobbying Act 2014 &c? /8
And what useful value is anticipated for it? The Govt's Impact Assessment bills.parliament.uk/publications/4… is unspecific. /9
I would have raised these questions at @UKHouseofLords 2nd reading next week but will be unavoidably absent. /10
I will listen carefully to what the Govt says before thinking about amendments, but in the meantime, help from any NGO or subject matter expert in getting a handle on this would be much appreciated. /11
The process of scrutiny requires us to probe this thoroughly so as to ensure that we are passing into law a useful defence mechanism rather than a bureaucratic nightmare. /12
Please pass on to anyone you think could help - including lobbying law experts and those with knowledge of the US/Aus systems @TransparencyUK @EndCorruptionUK @JUSTICEhq @instituteforgov @RUSI_org @JoshuaRozenberg @LordRickettsP @SarahLudford @danielmgmoylan /13
I am getting a lot of emails on other aspects of this Bill (for which, thank you) but wanted proactively to identify a different issue that needs to be properly explored. Like most other peers, I have no research assistance. So hoping Twitter can work its magic. /14
Fortunately, the #NSBill has passed into the hands of a well-qualified Security Minister in @TomTugendhat. He has shown himself willing to engage and I am sure will sort this out - if indeed it needs sorting. /end

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More from @bricksilk

Dec 1
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
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
Apr 5
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
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
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
Jan 20
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)?
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
Jan 18
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
Read 5 tweets

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