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Lawrence McNamara

Biography Dr Lawrence McNamara joined the Bingham Centre for the Rule of Law in May 2013. He was Deputy Director and Senior Research Fellow until February 2017. Since then he has held posts jointly as a Reader in Law at the University of York  and as a Senior Research Fellow at the Bingham Centre. He currently holds a British Academy Mid-Career Fellowship. Lawrence works on a range of issues relating to accountability and transparency, and has particular expertise around national security…

SECURITY

Restricting Foreign Direct Investment: the Rule of Law argument

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+2

Citizenship Revocation

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…

SECURITY

Opening Up Closed Judgments

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…

SECURITY

Investigatory Powers

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,…

SECURITY

Official Secrets: Law Commission Consultation on the Protection of Official Data

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…

SECURITY

Briefing Paper, INSLM Citizenship Revocation Roundtable, 10 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

SECURITY

Summary Report of INLSM Citizenship Revocation Roundtable, London 10 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

SECURITY

Serious mistakes in exercising investigatory powers

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…

SECURITY

Closed judgments: security, accountability and court processes

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…

SECURITY

Secret judgments database to be opened to special advocates and senior judges

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

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

SECURITY

Any reform to Official Secrets laws must protect public interest disclosures and open justice

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…

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Submission to the Law Commission of England & Wales, Consultation on the Protection of Official Data

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

SECURITY

Written evidence to the Joint Committee on the Draft Investigatory Powers Bill

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…

SECURITY

Intercept as Evidence: A Freedom of Information Request for the Government's Legal Advice

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…

SECURITY

Response to New Zealand Independent Review of Intelligence and Security

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

SECURITY

Response to New Zealand Law Commission - National Security Information in Proceedings

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

SECURITY

Detention, Interrogation and Security: Oversight and Accountability

  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…

SECURITY

Closed Material Proceedings Under the Justice and Security Act: A Review of the First Report by the Secretary of State

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…

SECURITY

Closed Material Procedures under the Justice and Security Act 2013

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…

SECURITY

Bingham Centre Submission to Investigatory Powers Review (Nov 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…

SECURITY

Justice and Security Bill: Briefing for the House of Commons

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

SECURITY

Justice and Security Bill (2012-13)

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…

SECURITY

Minimum Safeguards: Briefing Paper on the Justice and Security Bill

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

SECURITY

Bingham Centre Response to Justice and Security Green Paper (Jan 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

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