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Weekly Update 30 September 2022
30th September 2022
Weekly Update 30 September 2022 Dear Friends, Secret laws violate the Rule of Law, sowing fear and chaos even in authoritarian societies. This was dramatically illustrated last week by President Putin's conscription decree to mobilise new forces for the war in Ukraine, as the category of people subject to conscription was reportedly contained in a secret paragraph. The regime claimed that it was mobilising only reservists and people with specialised military skills. However, flights…
JUSTICE SYSTEMS+2Weekly Update 15 July 2022
15th July 2022
Weekly Update 15 July 2022 Dear Friends, Parliamentary business slowed down markedly this week, as the Conservative Party leadership contest took centre stage. Disappointingly, two Cabinet ministers withdrew from committee appearances in which they were likely to have been questioned on Rule of Law issues: Home Secretary Priti Patel would have faced questions from the Home Affairs Committee about her controversial policy of deporting asylum seekers to Rwanda, while Justice Secretary Dominic…
MODERN SLAVERY+3CT Commission Call For Evidence
Last Updated: 11th July 2022
Counter-Terrorism Commission: Call for Evidence About The Commission The Commission's Terms of Reference Meet the Commissioners Contact the Commission Frequently Asked Questions Call For Evidence Background and purpose This consultation is an activity of the Commission on UK Counter-Terrorism Law, Policy and Practice, which is convened by the Bingham Centre for the Rule of Law. The purpose of this consultation is to…
SECURITYCT Commision Frequently Asked Questions
Last Updated: 20th June 2022
Frequently Asked Questions About the Commission The Commission's Terms of Reference Meet the Commissioners Contact the Commission Call for Evidence What is the Commission? The Commission will bring together 15 individuals with a diversity of knowledge, understanding and experiences to undertake a review relevant counter-terrorism laws, policies and practices; consider the impact of measures on different groups and communities;…
SECURITYContact The Commission
Last Updated: 25th May 2022
Contact The Commission About the Commission The Commission's Terms of Reference Meet the Commissioners Frequently Asked Questions Call for Evidence You can contact the Commission by writing to us at: Bingham Centre for the Rule of law, Charles Clore House, 17 Russell Square, London, WC1B 5JP. or via email: ct.commission@binghamcentre.biicl.org
SECURITYMeet The Commissioner
Last Updated: 8th April 2022
Independent Counter Terrorism Commission: Meet The Commissioners About the Commission The Commission's Terms of Reference Contact the Commission Frequently Asked Questions Call for Evidence Rt. Hon. Sir Declan Morgan PC KC (Chair) Sir Declan Morgan is a Supplementary Panel member of the UK Supreme Court. He was Senior Crown Counsel for Northern Ireland (2002-2004). He was appointed to the High Court in 2004, was chair of the Northern Ireland Law…
SECURITYThe Commission Terms of Reference
Last Updated: 8th April 2022
The Commission's Terms of Reference About the Commission Meet the Commissioners Contact the Commission Frequently Asked Questions Call for Evidence The Commission's Terms of Reference Aims 1.1 The Commission will: Review relevant UK counter-terrorism laws, policies and practices; Consider their impact on different groups and communities; Examine adherence to human rights standards and the requirements of…
SECURITYWeekly Update 1 April 2022
1st April 2022
Weekly Update 1 April 2022 Dear Friends, Defending the Rule of Law sometimes means standing up, again and again, for principled solutions in politically sensitive areas. Refugee and asylum law is one such area. Today, the Bingham Centre publishes its fourth report on the Nationality and Borders Bill. We argue that the House of Lords should resist pressure from the House of Commons which has reinserted a number of problematic clauses into the Bill. Among these are clauses that would…
CITIZENSHIP+3Weekly Update 17 December 2021
17th December 2021
Weekly Update 17 December 2021 Dear Friends, It has been a dramatic week. The UK Government's cavalier attitude to the Rule of Law was partly responsible for the collapse in the Prime Minister's political authority over his own MPs on Tuesday, as almost 100 of them voted against the latest Coronavirus measures, amidst mounting anxiety that the system for making such significant laws in a hurry is no longer fit for purpose. And the growing sense that the Government considers itself above…
CITIZENSHIP+8Weekly Update 19 November 2021
19th November 2021
Weekly Update 19 November 2021 Dear Friends, On Monday 22 November, the Bingham Centre will hold an event in Belfast, on the topic of the UK Government's Legacy Proposals and the Rule of Law. The Legacy Proposals include a statute of limitations, preventing investigations and prosecutions on all Troubles-related incidents in Northern Ireland, as well as a bar on all civil claims and inquests arising out of the Troubles. This week, a bipartisan group of 21 members of the US Congress published…
CITIZENSHIP+2Weekly Update 15 October 2021
15th October 2021
Weekly Update 15 October 2021 Dear Friends, Rule of Law principles provide a valuable framework for scrutiny of legislation, policy and practice, whether the context is emergencies such as the Coronavirus pandemic, or longstanding challenges facing society. This week, we bring you news of our engagement with UK Coronavirus legislation, Black History Month and the UK legal profession, European debates about rebuilding the Rule of Law in illiberal democracies and reviewing counter-terrorism…
CITIZENSHIP+4Weekly Update 1 October 2021
1st October 2021
Weekly Update 1 October 2021 Dear Friends, The Bingham Centre welcomes the initiative of the Scottish Government in setting out proposals to establish a public inquiry into the handling of the COVID-19 pandemic in Scotland. In this week's Update we share our submission on the scope of the Scottish inquiry, in which we emphasised that it should examine Rule of Law issues. We also bring you news of an inquiry submission on Closed Material Procedures, our public engagement activities in schools,…
CITIZENSHIP+4Submission to Closed Material Procedures Review
30th September 2021
Building on our project Opening Up Closed Judgments: Secrecy, Security and Accountability, the joint Bingham Centre and University of York submission made in June 2021 to Sir Duncan Ouseley's review of the use of Closed Material Proceedings sets out the serious Rule of Law concerns that CMPs continue to raise. The submission puts forward 14 substantive recommendations for reform to the current framework and procedures to ensure increased compliance with Rule of Law standards,…
JUSTICE SYSTEMS+1Overseas Operations (Service Personnel and Veterans) Bill: A Rule of Law Analysis
19th January 2021
Executive Summary The Overseas Operations (Service Personnel and Veterans) Bill restricts prosecutions of service personnel and restricts legal claims against the Ministry of Defence and service personnel. This Report sets out Rule of Law concerns about the contents of the Bill. The uncomfortable truths behind this Bill are that sometimes service personnel have been the subject of prolonged legal jeopardy, and sometimes service personnel have broken the laws of war. Under…
GOVERNMENT+2The Terrorist Offenders (Restriction of Early Release) Bill: What’s Wrong with Retrospectivity?
24th February 2020
Retrospectivity is rare in UK legislation. On average, perhaps one or two Bills a year enact a provision which goes back in time and takes effect before the Bill is made. When such provisions are used, they are generally curative, or something which is for the benefit of the individual to whom they apply. A curative retrospective provision will often "fix" an error in legislation - perhaps some unintended consequence, or some illogical outcome. They are also used to make things better…
SECURITYTerrorist Offenders (Restriction of Early Release) Bill A Rule of Law Analysis
12th February 2020
This Report sets out the Bingham Centre's Rule of Law analysis of the Terrorist Offenders (Restriction of Early Release) Bill, to inform the House of Commons' consideration of the Bill on Wednesday 12th February. The Bill has been introduced as "fast-track legislation" (ie. an emergency Bill) and will complete all its Commons stages in a single day. The Bill is the Government's response to the recent terrorist attacks at Fishmongers' Hall and in Streatham, both committed by individuals…
SECURITYTerrorist Offenders (Restriction of Early Release) Bill A Rule of Law Analysis: Executive Summary
12th February 2020
This is the Executive Summary of the Bingham Centre's Rule of Law analysis of the Terrorist Offenders (Restriction of Early Release) Bill (full report available here) , to inform the House of Commons' consideration of the Bill on Wednesday 12th February. The Bill has been introduced as "fast-track legislation" (ie. an emergency Bill) and will complete all its Commons stages in a single day. The Bill is the Government's response to the recent terrorist attacks at Fishmongers'…
SECURITYRestricting Foreign Direct Investment: the Rule of Law argument
Anthony Wenton | 18th June 2019
This article was originally published in SC Magazine and on the Information Law and Policy Centre's website. Should companies based in authoritarian countries be permitted to invest in sensitive areas of another country's economy? 5G technology promises to be truly revolutionary. Not only will it make data-intensive communications virtually instantaneous, but it has the potential to unlock the 'internet of things'. 5G could connect super high-speed internet, with almost no time lag,…
BUSINESS+2Opening Up Closed Judgments
Lawrence McNamara | 12th June 2019
It is increasingly common for closed material procedures (CMPs) to be used in civil cases where national security issues arise. Judgments in these cases will be closed and not available to the public, some of the parties, or some of the lawyers. Over time, though, there may not be grounds for closure because the danger to national security will pass. However, the law does not presently provide for review of judgments to see if they might later be opened. This project aims to remedy that…
SECURITYCitizenship Revocation
Lawrence McNamara | 12th June 2019
Revoking a person's citizenship on national security grounds is among the most controversial of powers that governments exercise. On 10 May 2019 the Bingham Centre hosted an expert roundtable that considered these powers. It was held to assist the work of the Australian Independent National Security Legislation Monitor, Dr James Renwick SC, who was conducting a review of citizenship revocation provisions in that country. Experts from academia, the legal profession and civil society…
SECURITYInvestigatory Powers
Lawrence McNamara | 12th June 2019
In the UK police and security services have extensive investigatory powers. There has been much controversy about the scope and limits of the powers, the exercise of the powers, and the accountability of the agencies involved. The Bingham Centre has contributed to parliamentary and publid debate on these matters, especially with regard to the review and reform of the laws. Strands of our work include: The Review of Powers Exercised under the Investigatory Powers Act (2019) Under the Act,…
SECURITYOfficial Secrets: Law Commission Consultation on the Protection of Official Data
Lawrence McNamara | 12th June 2019
In 2017 the Law Commission of England & Wales published a consultation paper, The Protection of Official Data. It explored options for a major overhaul of the law relating to official secrets, including the offences for unauthorised disclosure of official data, the procedures for prosecution, and the possibility of enacting a public interest defence (or whistleblower laws). The Bingham Centre's lead on security and the rule of law, Dr Lawrence McNamara, has worked with Professor…
SECURITYBriefing Paper, INSLM Citizenship Revocation Roundtable, 10 May 2019
10th May 2019
Briefing Paper, INSLM Citizenship Revocation Roundtable, London, 10 May 2019 Authors: Office of the Australian Independent National Security Legislation Monitor Roundtable date: 10 May 2019 Publication date: 10 May 2019 Related projects Citizenship Revocation Related publications Summary Report of INSLM Citizenship Revocation Roundtable, London, 10 May 2019 Publication - Download PDF Share Links Publication - Tags
SECURITYSummary Report of INLSM Citizenship Revocation Roundtable, London 10 May 2019
Lawrence McNamara | 10th May 2019
Summary Report, INSLM Citizenship Revocation Roundtable, London 10 May 2019 Authors: Jessie Blackbourn, Lawrence McNamara, Toni Brunton-Douglas Roundtable date: 10 May 2019 Publication date: 10 May 2019 Related projects Citizenship Revocation Related publications Briefing Paper, INSLM Citizenship Revocation Roundtable, London 10 May 2019 Publication - Download PDF Share Links Publication - Tags
SECURITYSerious mistakes in exercising investigatory powers
Lawrence McNamara | 4th February 2019
Serious mistakes in exercising investigatory powers First published on UK Human Rights Blog, 4 February 2019 At the end of January the Investigatory Powers Commissioner published his first annual report for 2017. Its coverage of errors provides some very welcome transparency. But one matter remains opaque and exposes a legislative and policy challenge: when serious mistakes are made, who finds out? In this post I set out what the IPC report says in this regard, explain the legislative…
SECURITYClosed judgments: security, accountability and court processes
Lawrence McNamara | 25th January 2019
First published on UK Human Rights Blog, 25 January 2019 A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed. Closed material procedures (CMPs) have become an established option for the government when it wants to rely on security-sensitive evidence in civil litigation. In immigration matters in the Special Immigration Appeals Commission (SIAC) and in…
SECURITYSecret judgments database to be opened to special advocates and senior judges
23rd January 2019
Published in: The Guardian, 23 January 2019 Secret judgments database to be opened to special advocates and senior judges Content: quotes the Bingham Centre's lead on Security and the Rule of Law, Dr Lawrence McNamara Link: Secret judgments database to be opened to special advocates and senior judges
SECURITY"Reckless" counter-terror bill a threat to academic research
17th September 2018
Published: Index on Censorship, 17 September 2018 "Reckless" counter-terror bill a threat to academic research Content: Quotes the Bingham Centre's lead on Security and the Rule of Law, Dr Lawrence McNamara
SECURITYRule of Law Implications of the Counter-Terrorism and Border Security Bill Briefing Note
17th July 2018
Following a succession of mainland terrorist attacks in 2017 that took thelives of 36 British citizens, the government committed to a review of its 'CONTEST' counter-terrorism policy. In July 2018 the Centre convened leading experts, including the then Independent Reviewer of Terrorism Legislation, to discuss the role that The Counter Terrorism and Border Security Bill would play in the CONTEST process. Elements of the discussion (summarised in the Briefing Note) revolved around: Whether…
CITIZENSHIP+1Any reform to Official Secrets laws must protect public interest disclosures and open justice
Lawrence McNamara | 28th June 2017
This post first appeared on the Information Law and Policy Centre Blog (26 June 2017) and then on the Inforrm Blog (28 June 2017). Professor Lorna Woods (University of Essex); Dr Lawrence McNamara (Bingham Centre for the Rule of Law and University of York); Dr Judith Townend (University of Sussex) With the election now in the past, the wheels of government are beginning to grind again. While most eyes are on Brussels, it is important that the bright lights of Brexit do not draw attention…
GOVERNMENT+1Submission to the Law Commission of England & Wales, Consultation on the Protection of Official Data
Lawrence McNamara | 9th June 2017
Submission to the Law Commission of England & Wales, Consultation on the Protection of Official Data Authors: Prof Lorna Woods (University of Essex) Dr Lawrence McNamara (Bingham Centre for the Rule of Law & University of York) Dr Judith Townend (University of Sussex) Date: 9 June 2017 Publication - Download PDF Share Links Publication - Tags
DIGITAL AGE+1Written evidence to the Joint Committee on the Draft Investigatory Powers Bill
Lawrence McNamara | 17th December 2015
Written evidence to the Joint Committee on the Draft Investigatory Powers Bill and to the Joint Committee on Human Rights This evidence to the Parliamentary Committees was authored by Dr Lawrence McNamara and Dr Eric Metcalfe. It was submitted in December 2015. Read / download: It can be downloaded from here (see right & below) and is also available on the Parliament website as IPB0055 in the Volume of Written Evidence submitted to the Committee (pp 160-177). Cited by…
SECURITYIntercept as Evidence: A Freedom of Information Request for the Government's Legal Advice
Lucy Moxham | 9th December 2015
Intercept as Evidence: A Freedom of Information Request for the Government's Legal Advice In November 2012, the Bingham Centre made a request for information under the Freedom of Information Act 2000 to the Home Office seeking disclosure of legal advice relating to the admissibility of intercept evidence, so that the advice could be seen and considered by the wider community. After the Home Office refused the request, the Bingham Centre appealed that decision through the Information…
SECURITYResponse to New Zealand Independent Review of Intelligence and Security
Lawrence McNamara, Justine Stefanelli | 13th August 2015
Response to New Zealand Independent Review of Intelligence and Security Authors: Lawrence McNamara & Justine Stefanelli Date: 13 August 2015 Publication - Download PDF Share Links Publication - Tags
SECURITYResponse to New Zealand Law Commission - National Security Information in Proceedings
Lawrence McNamara, Justine Stefanelli | 30th June 2015
Response to New Zealand Law Commission - National Security Information in Proceedings Authors: Lawrence McNamara & Justine Stefanelli Date: 30 June 2015 Publication - Download PDF Share Links Publication - Tags
SECURITYDetention, Interrogation and Security: Oversight and Accountability
Lawrence McNamara, Justine Stefanelli | 5th March 2015
Detention, Interrogation and Security: Oversight and Accountability Authors: Jack Kenny, Justine Stefanelli & Lawrence McNamara Date: 5 March 2015 This is a report of an event convened by the Bingham Centre for the Rule of Law in March 2015. A panel of experts considered the implications for the United Kingdom of the United States Senate Select Committee on Intelligence report on the CIA's detention and interrogation programme (the SSCI Report), published…
SECURITYClosed Material Procedures under the Justice and Security Act 2013
Lawrence McNamara | 1st December 2014
Reporting on the use of Closed Material Procedures under the Justice and Security Act 2013 Under the Justice and Security Act 2013, closed material procedures (CMPs) can be used in all civil proceedings in the UK. The Act requires the Secretary of State to report annually on the use of CMPs. When in 2014 the Secretary of State for Justice delivered his first annual report on the use of Closed Material Procedures under the Justice and Security Act, the Centre undertook a review of that…
SECURITYClosed Material Proceedings Under the Justice and Security Act: A Review of the First Report by the Secretary of State
Lawrence McNamara | 1st December 2014
Closed Material Proceedings Under the Justice and Security Act: A Review of the First Report by the Secretary of State Author: Lawrence McNamara & Danielle Lock, with Laila Hamzi Date: December 2014 The first version of this report was published in August 2014. It identified inconsistencies between the Secretary of State's report and the information in the public domain. As a result of the publication, further material came to light. The Ministry of…
SECURITYBingham Centre Submission to Investigatory Powers Review (Nov 2014)
19th November 2014
Bingham Centre Submission to Investigatory Powers Review (Nov 2014) Author: Dr Eric Metcalfe Date: 19 November 2014 This was a submission to the Investigatory Powers Review by David Anderson QC (then the Independent Reviewer of Terrorism Legislation). It was cited on numerous occasions in the review report, A Question of Trust. The submission was led by Eric Metcalfe, with input from Centre staff. It was also informed by an expert event convened by the Centre…
SECURITYJustice and Security Bill: Briefing for the House of Commons
17th December 2012
Justice and Security Bill: Briefing for the House of Commons Authors: Adam Tomkins & Tom Hickman Date: 17 December 2012 Publication - Download PDF Share Links Publication - Tags
SECURITYJustice and Security Bill (2012-13)
1st December 2012
The Justice and Security Bill was introduced to Parliament in January 2012. It was one of the most controversial pieces of legislation in recent years. It allowed courts, for the first time, to decide ordinary civil claims, including judicial reviews, on the basis of evidence which is not disclosed to one of the parties. The Bingham Centre was very active in its response to the Government's consultation on the Justice and Security Green Paper. A working paper in January 2012 was…
SECURITYMinimum Safeguards: Briefing Paper on the Justice and Security Bill
5th July 2012
Minimum Safeguards: Briefing Paper on the Justice and Security Bill Authors: Adam Tomkins & Tom Hickman Date: 5 July 2012 Publication - Download PDF Share Links Publication - Tags
SECURITYBingham Centre Response to Justice and Security Green Paper (Jan 2012)
6th January 2012
Bingham Centre Response to Justice and Security Green Paper Authors: Adam Tomkins & Tom Hickman Date: 6 January 2012 Publication - Download PDF Share Links Publication - Tags
SECURITY
Ensuring greater protection for fundamental rights in developing EU counter-terrorism policies
21st May 2021
This piece is cross-posted with the kind permission of the RECONNECT project , with the piece originally appearing on 20th May 2021. While the global pandemic has reframed consideration of threats to safety and security, the attacks in France and Austria are a reminder of the continued dangers from terrorism in Europe. The EU has played a pivotal role in developing European counter-terrorism law and policy since 2001. It has adopted over 200 counter-terrorism related…
EUROPE+1