The Independent Reviewer of Terrorism Legislation is an independent person, appointed by the Home Secretary and by the Treasury for a renewable three-year term and tasked with reporting to the Home Secretary and to Parliament on the operation of counter-terrorism law in the UK.
Independent Reviewer
Lord Carlile of Berriew CBE QC (2001-2011), a barrister, former Liberal Democrat MP and member of the House of Lords. David Anderson QC (2011-2017), a barrister in private practice who later became a cross-bench peer. Max Hill QC (2017-2018), a criminal advocate well known for his experience as a prosecutor in terrorism cases. Jonathan Hall KC (2019-Present)
Appointments to the part-time role are now made under the public appointments procedure.
Functions
The Independent Reviewer must report annually to Parliament on the operation of the Terrorism Act 2000. He or she may also report (after notifying the government) on parts of the Anti-terrorism, Crime and Security Act 2001, Part I of the Terrorism Act 2006, the Counter-Terrorism Act 2008, the Terrorist Asset-Freezing etc. Act 2010, the Terrorism Prevention and Investigation Measures (TPIMs) Act 2011 and Part 1 of the Counter-Terrorism and Security Act 2015.
Further reports may be produced, at the request of the government or on the Independent Reviewer's own initiative. Past examples are the reports into the definition of terrorism (2007), Operation Pathway (2009) and Operation Gird (2011), and reports commissioned into investigatory powers (2015), the collection of bulk data by intelligence agencies (2016), the deprivation of citizenship (2016) and the practice of deportation with assurances (2017). All reports published since 2001 are available on the Independent Reviewer's website.
A recent Independent Reviewer has written that "anyone who assumes that the Reviewer's function is to torment the government, or conversely to defend it, will be disappointed'", adding that he has sought, like his predecessors, "only to give an informed, considered and independent view".
The Independent Reviewer has no permanent staff but has a budget for the assistance of part-time Special Advisers, and administrative help provided or paid for by the Home Office. The Senior Special Adviser has since 2011 been Emeritus Professor Clive Walker of the University of Leeds. The power to set up a Privacy and Civil Liberties Board under the direction and control of the Independent Reviewer was passed into law under the Coalition Government but has not been brought into force.
History
When IRA terrorism spread to England in the mid-1970s, it was closely followed by UK-wide anti-terrorism laws and by a demand from Parliament that those laws be independently reviewed by a trusted and security-cleared person. Reviews of the Prevention of Terrorism (Temporary Provisions) Acts and the Northern Ireland (Emergency Provisions) Acts were carried out at various times between 1978 and 1984 by Lord Shackleton, Earl Jellicoe and Sir George Baker.
In 1984 an annual review was instituted, in order better to inform the annual renewal debates that were then required. As explained to the House of Lords by Home Office Minister Lord Elton, the reviewer's function was to look at the use made of the statutory powers relating to terrorism and to consider, for example, whether any change in the pattern of their use needed to be drawn to the attention of Parliament. The reviewer was to have access to all relevant papers, including sensitive security information and ministerial correspondence. He or she would not be a judge, but "a person whose reputation would lend authority to his conclusions, because some of the information which led him to his conclusions would not be published".
Between 1984 and 2001, annual reports were produced by Sir Cyril Phillips, Viscount Colville and J.J. Rowe QC. On 11 September 2001, a few hours before the attacks on the World Trade Center, Lord Carlile of Berriew CBE QC was appointed as the Independent Reviewer of Terrorism Legislation. The role was first put on a statutory basis in relation to control orders under the Prevention of Terrorism Act 2005. Lord Carlile was influential on Government thinking both before and after the 7/7 London attacks of 2005. He held the position for more than nine years, until he was replaced by David Anderson QC on 21 February 2011.