Independent Reviewer of Terrorism Legislation

The Independent Reviewer of Terrorism Legislation is appointed by the Secretary of State under section 36(1) of the Terrorism Act 2006. The current Independent Reviewer, David Anderson QC, recently conducted a review of the “operation and regulation of investigatory powers” as required by DRIPA. The review was published in 11th June 2015 [1].

In the report, Anderson recommended a ‘clean-slate’ approach to future legislation in this area, to overcome the current situation, which is viewed as tangled and complex. In principle, Anderson recommended that powers for the bulk collection of  “external” communications, which begin or end outside the British Isles, be maintained, though the process of authorisation of this collection should be made more transparent, with warrants granted by a new judicial body — an Independent Surveillance and Intelligence Commission, which also merges the functions of existing oversight bodies. (Other recommendations are outlined on relevant entries in this database.) Theresa May, the Home Secretary, has said that the government will propose legislation in response to Anderson’s recommendations in the autumn of 2015.

[1] Accessible at https://terrorismlegislationreviewer.independent.gov.uk/