In essence, the independent reviewer is required to review the operation of the Terrorism Act 2000, s14 Prevention of Terrorism Act 2005 and Part 1 of the Terrorism Act 2006.
This involves consideration of the proscription of organisations, terrorist investigations, port and border controls, stop and search, arrest, detention and control orders.
Certain special measures applicable only to Northern Ireland – and now treated as public order matters under the Justice and Security (Northern Ireland) Act 2007 – are the responsibility of a separate Northern Ireland reviewer, Robert Whalley CB.
The provisions of the Counter-Terrorism Act 2008 are not currently included in the review process.
Basic duties for the reviewer
The reviewer must produce an annual report (to be laid before Parliament by the Home Secretary) on the operation of the UK terrorism legislation.
In practice, two annual reports are usually produced (a combined one on the Terrorism Acts 2000 and 2006 and a separate one focused on the control order regime).
Other reports relating to terrorism may also be produced on the reviewer’s initiative, or at the Home Secretary’s request.
To date, these have been a report on the Definition of Terrorism (June 2007) and the Operation Pathway Report (October 2009).
A further report on arrests made during the Pope’s visit to the UK last year will be submitted during 2011.
Changes to the law on stop and search
The coalition Government’s recent review of counter-terrorism and security powers recommended changes to the law on stop and search, pre-charge detention, deportation and control orders (to become terrorism prevention and investigation measures).
The independent reviewer was asked in his first report on the new regime to make recommendations that he considers appropriate to ensure that the new regime works as intended.
He was also asked to publish reports following any future use of pre-charge detention beyond 14 days.
The functions of the independent reviewer are distinct from – though sometimes confused with – those of the Interception of Communications Commissioner (currently the Rt Hon Sir Paul Kennedy) and the Intelligence Services Commissioner (currently the Rt Hon Sir Peter Gibson), who are appointed under ss.57 and 59 respectively of the Regulation of Investigatory Powers Act 2000.
Access to sensitive security documents
Speaking about his new role, David Anderson QC said: “My reports and recommendations are based on conversations with a wide range of people who enforce or are otherwise affected by the terrorism laws in all parts of the UK, and on my reading which includes unrestricted access to sensitive security documents.”
He added: “Past reports of the independent reviewer [who, from 2001 until 2011, was Lord Carlile of Berriew QC] are accessible from my website” (a dedicated link is provided on the right hand panel of this page).
The functions of the reviewer are funded on a part-time basis by the Home Office. That being the case, Anderson remains a self-employed barrister in private practice and “proud” of his complete independence from Government.
Anderson grew up in Scotland and in England, studying at the Universities of Oxford (Ancient and Modern History) and Cambridge (Law).
After spells working in Washington DC and in Brussels, he began practice at the English Bar in 1988. A year later, he was appointed Queen’s Counsel (senior barrister), and in the same year took up a post as Visiting Professor of Law at King’s College, London.
Human Rights monitoring missions
Between 2000 and 2004, Anderson conducted Human Rights monitoring missions for the Council of Europe in Russia, Ukraine, Georgia and Turkey.
“I have served as Trustee or on the governing body of a number of charitable, educational and professional organisations,” he said, “and since 2004 I’ve been a Crown Court Recorder [part-time criminal judge] on the South-Eastern circuit.”
As a member of the self-employed Bar, Anderson has observed the ‘Cab Rank Rule’ throughout his career, meaning that he has acted both for and against the Government in the full range of English courts and tribunals, as well as in the European Court of Justice in Luxembourg and the European Court of Human Rights based in Strasbourg).
