proud to change my mind” about the bulk interception power.41 I have not
previously expressed a view on the operational case for the other three powers
under review. My approach to the Review has been based on an open (if not
entirely empty) mind, and a determination to follow the evidence wherever it may
lead.
Working methods
Terms of reference
1.28.
The terms of reference at Annex 2, which were discussed with me so far as they
relate to process, state as follows:
“The review will be undertaken by David Anderson QC, supported by a
security-cleared barrister, technical expert and a person with experience of
covert investigations.
The Government and the Security and Intelligence Agencies will provide all
necessary information, access and assistance as is needed for David
Anderson QC to undertake his review effectively.
David Anderson QC will report to the Prime Minister on the findings of his
review in time for those findings to inform Lords Committee consideration of
Parts 6 and 7 of the Bill. A copy of the report should also be provided to the
ISC at this time. The Prime Minister will make the final decision as to whether
the report, or parts of it, can be published without prejudicing the ability of the
Security and Intelligence Agencies to discharge their statutory functions.
There may be a classified annex that should also be submitted to the Prime
Minister and copied to the ISC.”
1.29.
Within those constraints, on which I was consulted and had some influence as
they were finalised, I was given a free hand to choose my team and my working
methods. Each had to be appropriate to the tight schedule and the need for
security clearance.
The Review team
1.30.
41
To be of real value, it was clear that this review would require access to very
highly classified material. To obtain DV (developed vetting) security clearance
takes in the region of six months, or four months if expedited. It was therefore
necessary to recruit team members who already had the requisite clearance to
DV level or above.
In a tweet, picked up by the Liberty blog on 22 June 2016: https://www.liberty-humanrights.org.uk/news/blog/investigatory-powers-bill-government-has-set-review-bulk-powersimpossible-task.
12