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David Anderson, Baron Anderson of Ipswich

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The Right Honourable
The Lord Anderson of Ipswich
KBE QC
Lord Anderson of Ipswich in 2019
Member of the House of Lords
Lord Temporal
Incumbent
Assumed office
10 July 2018
Life Peerage
Personal details
Born5 July 1961
Political partyCrossbench

David William Kinloch Anderson, Baron Anderson of Ipswich, KBE, QC (born 5 July 1961) is a British barrister and life peer, who was the Independent Reviewer of Terrorism Legislation in the United Kingdom between 2011 and 2017. On 8 June 2018 it was announced that he would be introduced to the House of Lords as a cross-bench (non-party) working peer.[1] On the same day he was appointed a Knight Commander of the Order of the British Empire (KBE), for services to national security and civil liberties, in the Queen's 2018 Birthday Honours.[2][3][4]

His father was Sir Eric Anderson, former Headmaster of Eton College, who taught Prince Charles, Tony Blair, David Cameron and Boris Johnson.

Career

Anderson came to the English Bar after spells in Washington DC (1985-86) at Covington and Burling and in Brussels (1987-88) in the private office of Lord Cockfield, the European Commissioner tasked with completing the Internal Market.

As a practitioner since 1988 at Brick Court Chambers in London and Queen's Counsel since 1999, Anderson is best known for his 150 cases in the Court of Justice of the European Union, including his appearances for the applicants in the landmark constitutional cases Factortame (supremacy of EU law:1988-2000) and Kadi (UN/EU terrorist sanctions: 2005-2010). He also practises in the full range of English courts, where he contested the free speech case ProLife Alliance v BBC. Among more than 30 cases that he has presented to the European Court of Human Rights are Bowman v UK (free speech and election spending), McGonnell v UK[5] (separation of powers), Hatton v UK [6](environmental rights), Demopoulos v Turkey[7] (post-invasion property rights) and Gaunt v UK[8] (journalistic freedom of expression).

Anderson is a Bencher of Middle Temple, sat as a Recorder of the Crown Court from 2004 to 2013, and has since 2014 been a Judge of the Courts of Appeal of Guernsey and Jersey, where he is also the Investigatory Powers Commissioner. Among other professional honours, Anderson was described as the UK's "Legal Personality of the Year" in 2015,[9] and as one of London's 1000 most influential people in 2017.[10]

National security

Anderson succeeded Lord Carlile of Berriew CBE QC as the UK's Independent Reviewer of Terrorism Legislation in February 2011. He stepped down after two three-year terms as Independent Reviewer, and was succeeded in post by Max Hill QC on 1 March 2017.[11][12][13][14] All but one of his 20 reports as Independent Reviewer were laid before Parliament and published in full.

Counter-terrorism law

Both Government and opposition credited Anderson for his influence on the Justice and Security Act 2013, which governs the use of closed material procedures in UK courts.[15] His reports and evidence to Parliament also influenced the law governing Terrorism Prevention and Investigation Measures (TPIMs, the successors to control orders), which were reformulated in accordance with his recommendations in 2015;[16] the scope of the power to stop and detain travellers under Schedule 7 to the Terrorism Act 2000;[17] and the practice of asset-freezing.[18] Other reports concerned the deprivation of citizenship[19] and the practice of deportation with assurances.[20]

The UK Supreme Court referred to Anderson's work with approval in R v Gul (2013)[21] and Beghal v DPP (2015),[22] as did the European Court of Human Rights in Beghal v UK (2019).[23] He wrote in 2014 and 2017 on the channels by which the Independent Reviewer may hope to influence the law and policy of counter-terrorism.[24] Some broader reflections on terrorism and the law were published in 2013[25] and 2018,[26] and on reporting terrorism in 2019.[27]

Surveillance

"A Question of Trust",[28] Anderson's June 2015 report of his Investigatory Powers Review, described the obscurity of the then law as "undemocratic, unnecessary and - in the long run - intolerable". Its 125 recommendations aimed to replace it with "a clear, coherent and accessible scheme, adapted to the world of internet-based communications and encryption". The report has been described in an opinion piece by an editor at the Guardian as "the turning point that policymakers have looked for and missed ever since 9/11",[29] and was a blueprint for the Investigatory Powers Act 2016. Following publication of the report, Anderson was shortlisted in 2015 by ISPA for its "Internet Hero of the Year" award.[30]

In August 2016 followed the report of Anderson's Bulk Powers Review,[31] with 60 case studies, which examined the operational case for the bulk retention of data by MI5, MI6 and GCHQ and is a significant factual resource for debates on "mass surveillance". Both these reports were relied upon by the European Court of Human Rights in its "fulltext":["Big Brother Watch"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"],"itemid":["001-186048"]} Big Brother Watch judgment of September 2018. Anderson's expert evidence in the Irish High Court on police use of communications data was relied upon by the Supreme Court in its Dwyer judgment of February 2020.[32]

Counter-extremism

Anderson has criticised the UK's broad definition of terrorism,[33] and warned in September 2015 of potential dangers in the Government's proposed Counter-Extremism Bill, subsequently shelved.[34] He published a lecture on "Extremism and the Law" in 2019.[35] He has also written[36] and broadcast[37][38] on the Prevent strategy, and on human rights as an aid to the fight against terrorism and extremism.[39][40] He was a member of the Expert Group advising the Counter-Extremism Commission from July 2018 to July 2019.

Intelligence-handling

On 28 June 2017, after stepping down from the post of Independent Reviewer of Terrorism Legislation, Anderson was commissioned by Home Secretary Amber Rudd to provide independent assurance of the detailed review work commissioned by MI5 and Counter-Terrorism Police into their handling of intelligence prior to the four terrorist attacks in London and Manchester between March and June 2017.[41] His report, which quality-assured the conclusions and operational improvements arrived at by MI5 and the police with his input, was published in December 2017,[42] with a follow-up in June 2019.[43]

House of Lords

Having applied to be a "people's peer", Anderson was nominated for a life peerage by the independent House of Lords Appointments Commission in June 2018.[44] He was created Baron Anderson of Ipswich, of Ipswich in the County of Suffolk, on 10 July,[45] and sits as a cross-bencher. He gave his maiden speech on 19 July 2018 in a debate on the impact of referendums on parliamentary democracy.[46] Since then he has been active inside and outside Parliament on national security issues (including the Bill that became the Counter-Terrorism and Border Security Act 2019),[47] on internet-related issues[48] and on constitutional and EU-related matters. He moved the amendment in July 2019 that limited the Government's scope to prorogue Parliament,[49][50] and has spoken and written against the dangers of populism[51] and of a no-deal Brexit.[52] He is a member of the EU Justice Sub-Committee of the House of Lords.[53]

Anderson's parliamentary speeches and questions are collected here.

Professional and charitable interests

Since 2000 Anderson has at various times been a trustee or a member of the advisory/editorial board of legal and educational institutions including the Centre of European Law at the Dickson Poon School of Law, the British Association for Central and Eastern Europe, the UCL School of Slavonic and East European Studies, the Slynn Foundation,[54] the British Institute of International and Comparative Law, the European Human Rights Law Review and the UCL European Institute. He is the author of References to the European Court (Sweet & Maxwell 1995, 2002), many other articles in learned journals. He is a Visiting Professor at King's College London and a former General Editor of the OUP's Oxford European Union Law Library.[55] Between 2000 and 2004 he was appointed by the Secretary General of the Council of Europe to monitor and report on the freedom of the media in Georgia, Russia, Turkey and Ukraine.[56]

Since July 2019 he has chaired Inter Mediate, a charity engaged in mediation and negotiation which focuses on some of the most difficult, dangerous and complex conflicts worldwide.

Auld Alliance Trophy

A native of Edinburgh, Anderson was the co-promoter, (with Patrick Caublot of Amiens Rugby Club) of the Auld Alliance Trophy.[57][58][59][60] First awarded (to Scotland) in February 2018, and presented every year at the Six Nations rugby international between Scotland and France, the solid silver trophy commemorates the rugby players of both nations who lost their lives in the First World War. It bears the names of Anderson's great-great-uncle Eric Milroy (Scotland's captain in 1914, killed at Delville Wood in July 1916) and of his French counterpart, the aviator Marcel Burgun.[61]

Bibliography

References

  1. ^ "David Anderson QC appointed to a life peerage". Brick Court Chambers. 8 June 2018. Retrieved 9 June 2018.
  2. ^ "No. 62310". The London Gazette (Supplement). 9 June 2018. p. 7.
  3. ^ Cabinet Office (8 June 2018). "The Queen's Birthday Honours List 2018". Retrieved 8 June 2018. {{cite web}}: |archive-date= requires |archive-url= (help)
  4. ^ Cabinet Office (8 June 2018). "Detailed Citation" (PDF). {{cite web}}: |archive-date= requires |archive-url= (help)
  5. ^ "HUDOC - European Court of Human Rights". hudoc.echr.coe.int. Retrieved 28 June 2017.
  6. ^ "HUDOC - European Court of Human Rights". hudoc.echr.coe.int. Retrieved 28 June 2017.
  7. ^ "HUDOC - European Court of Human Rights". hudoc.echr.coe.int. Retrieved 28 June 2017.
  8. ^ "itemid":%5b"001-167180"%5d} "HUDOC - European Court of Human Rights". Retrieved 15 October 2019.{{cite web}}: CS1 maint: url-status (link)
  9. ^ "The Halsbury Legal Awards 2016". www.halsburylegalawards.co.uk. Retrieved 28 June 2017.
  10. ^ "The Progress 1000: Law". Evening Standard. Retrieved 21 October 2017.
  11. ^ Travis, Alan (20 February 2017). "Leading terror trial QC to be counter-terror laws watchdog". The Guardian. Retrieved 22 March 2017.
  12. ^ "New Independent Reviewer of Terrorism Legislation appointed - GOV.UK". www.gov.uk. 20 February 2017. Retrieved 22 March 2017.
  13. ^ "Independent Reviewer of Terrorism Legislation «". Terrorismlegislationreviewer.independent.gov.uk. Retrieved 22 March 2017.
  14. ^ Owen Bowcott. "David Anderson to step down from independent terror review role | UK news". The Guardian. Retrieved 22 March 2017.
  15. ^ Sadiq Khan MP, Hansard HC Deb 4 March 2013, col 687; Lord Wallace, Hansard HL Deb 26 March 2013 col 1061.
  16. ^ Counter-Terrorism and Security Act 2015, Part 2: http://www.legislation.gov.uk/ukpga/2015/6/part/2/enacted.
  17. ^ Anti-Social Behaviour Crime and Policing Act 2014, Schedule 9: http://www.legislation.gov.uk/ukpga/2014/12/schedule/9/enacted; Beghal v DPP [2015] UKSC 49.
  18. ^ On asset-freezing, see https://www.gov.uk/government/publications/terrorism-and-terrorist-financing-independent-reviewer-report, and the Treasury's responses to subsequent reports.
  19. ^ "Citizenship removal resulting in statelessness - GOV.UK". www.gov.uk. Retrieved 6 July 2017.
  20. ^ "Deportation with assurances - GOV.UK". www.gov.uk. Retrieved 20 July 2017.
  21. ^ [2013] UKSC 64 https://www.supremecourt.uk/decided-cases/docs/UKSC_2012_0124_Judgment.pdf, paras 33-34, 61-62.
  22. ^ [2015] UKSC 49 https://www.supremecourt.uk/cases/docs/uksc-2013-0243-judgment.pdf, paras 43(x), 49-50, 55, 58.
  23. ^ "docname":%5b"Beghal"%5d,"documentcollectionid2":%5b"GRANDCHAMBER","CHAMBER"%5d} "Beghal v UK". HUDOC. Retrieved 4 March 2019. {{cite web}}: |archive-date= requires |archive-url= (help)
  24. ^ "Shades of Independent Review - David Anderson QC Lawyer London UK". www.daqc.co.uk. Retrieved 7 December 2017.
  25. ^ "Shielding the compass: how to fight terrorism without defeating the law" (2013) European Human Rights Law Review 233-246; https://terrorismlegislationreviewer.independent.gov.uk/clifford-chance-university-of-essex-lecture-the-meaning-of-terrorism-13-february-2013/.
  26. ^ Anderson, David (26 October 2018). "The Fly in the China Shop - Hague Lecture on International Law". Retrieved 11 October 2019.{{cite web}}: CS1 maint: url-status (link)
  27. ^ Anderson, David (1 March 2019). "Reporting Terrorism - University of Essex Annual Journalism Lecture". Retrieved 11 October 2019.{{cite web}}: CS1 maint: url-status (link)
  28. ^ David Anderson (11 June 2015). "A Question of Trust - Report of the Investigatory Powers Review (June 2015)". David Anderson QC Lawyer London UK. Retrieved 6 July 2017.
  29. ^ theguardian.com: "Security v privacy: Anderson offers the balance we've been seeking since 9/11", 11 Jun 2015
  30. ^ Johnston, Chris (3 July 2015). "Theresa May named internet villain of the year". The Guardian. Retrieved 11 October 2019.
  31. ^ "Bulk Powers Review – Report (August 2016) « Independent Reviewer of Terrorism Legislation". terrorismlegislationreviewer.independent.gov.uk. Retrieved 28 June 2017.
  32. ^ "Dwyer v The Commissioner of An Garda Siochana and others". [2020] IESC 4. 24 February 2020.
  33. ^ "Terrorism definition 'should be narrower'". BBC News. His recommendations were given limited effect in the Counter-Terrorism and Security Act 2015 (s20(2)) and by the Court of Appeal in R (Miranda) v SSHD [2016] EWCA Civ 6 https://www.judiciary.gov.uk/wp-content/uploads/2016/01/miranda-v-home-sec-judgment.pdf, paras 38-56.
  34. ^ reporter, Steven Hopkins News; UK, The Huffington Post (17 September 2015). "New Terror Law Could Turn More Brits Into Terrorists, Report Warns".; Anderson, David, The Terrorism Acts in 2014 (September 2015), chapter 9.
  35. ^ Anderson, David (20 March 2019). "Extremism and the Law". Retrieved 21 March 2019.
  36. ^ "David Anderson QC: Prevent strategy can work against radicalisation". Evening Standard. 15 February 2017. Retrieved 6 July 2017.
  37. ^ "Understanding Prevent - BBC Radio 4". BBC. Retrieved 25 July 2017.
  38. ^ FM, Player, Understanding Prevent, retrieved 26 July 2017
  39. ^ "Not For Wimps: The Pragmatic Case For Human Rights". HuffPost UK. Retrieved 6 July 2017.
  40. ^ "There are limits to tolerance—but human rights are key to democracy | Prospect Magazine". www.prospectmagazine.co.uk. Retrieved 26 July 2017.
  41. ^ "London and Manchester terror attacks: independent assurance of the MI5 and police reviews - GOV.UK". www.gov.uk. Retrieved 28 June 2017.
  42. ^ "Report into MI5/Police intelligence-handling reviews - David Anderson QC Lawyer London UK". www.daqc.co.uk. Retrieved 7 December 2017.
  43. ^ Anderson, David (11 June 2019). "MI5 and Counter Terrorism Policing Implementation Report".{{cite web}}: CS1 maint: url-status (link)
  44. ^ "Three new non-party-political peers".
  45. ^ "No. 62351". The London Gazette. 13 July 2018. p. 12484.
  46. ^ "Hansard (HL)". 19 July 2018.
  47. ^ Anderson, David (9 October 2018). "Counter-Terrorism and Border Security Bill - second reading". Hansard HL Deb c81. Retrieved 11 October 2019.{{cite web}}: CS1 maint: url-status (link)
  48. ^ Anderson, David (30 April 2019). "Online harms white paper - motion to take note". Hansard HL Deb c905. Retrieved 11 October 2019.{{cite web}}: CS1 maint: url-status (link)
  49. ^ Anderson, David (15 July 2019). "Northern Ireland (Executive Formation) Bill - Committee". Hansard HL Deb c18. Retrieved 11 October 2019.{{cite web}}: CS1 maint: url-status (link)
  50. ^ Anderson, David (17 July 2019). "Northern Ireland (Executive Formation) Bill - Report". Hansard, HL deb c244. Retrieved 11 October 2019. {{cite web}}: |archive-date= requires |archive-url= (help)CS1 maint: url-status (link)
  51. ^ Anderson, David (2 October 2019). "Brexit - Motion to Take Note". Hansard HL Deb c1708. Retrieved 11 October 2019.{{cite web}}: CS1 maint: url-status (link)
  52. ^ Anderson, David (9 October 2019). "No-deal readiness, Lord Cockfield and the British ingenuity behind the single market". Prospect.
  53. ^ "Lords Select Committee, membership".{{cite web}}: CS1 maint: url-status (link)
  54. ^ "Home - Slynn Foundation". Slynn Foundation. Retrieved 28 June 2017.
  55. ^ "Oxford European Union Law Library - Oxford University Press". global.oup.com. Retrieved 28 June 2017.
  56. ^ "CM_info". www.coe.int. Retrieved 28 June 2017.
  57. ^ "Auld Alliance Trophy unveiled". Scottish Rugby Union. Archived from the original on 19 February 2018. Retrieved 21 February 2018.
  58. ^ McPartlin, Patrick (9 February 2018). "Six Nations: Scotland and France to contest new Auld Alliance Trophy". The Scotsman. Retrieved 21 February 2018.
  59. ^ Horne, Marc (10 February 2018). "New Auld Alliance Trophy honours war dead". The Times. Retrieved 21 February 2018.
  60. ^ Shute, Joe (10 February 2018). "Scotland vs France, Six Nations 2018: How the heroism of two fallen rugby rivals lives on". The Telegraph. Retrieved 21 February 2018.
  61. ^ Kennedy, Laurina (9 February 2018). "Designers and makers of the Auld Alliance Trophy". Thomas Lyte.
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