(“the Charter”) adopted by the European Union on 1 December 2009, by
amendment of Article 6(1) of the Treaty on European Union (“TEU”), applies,
and, if so, imposes a higher, and the Respondents submit, impossible and
inappropriate, standard as a result of, or by reference to, Watson.
7.
We set out the following in paragraph 21 of our October Judgment. The
emphasis is only underlined by the continued and increasing series of
deplorable attacks on civilians in London and Manchester.
“It is important to emphasise that the Tribunal and the parties
recognise that there is a serious threat to public safety,
particularly from international terrorism, and that the SIAs are
dedicated to discharging their responsibility to protect the
public. It is understandable in the circumstances that the
Respondents, both through Mr. Eadie orally and by their
evidence, have emphasised the important part which the use of
BCD and BPD have played in furthering that protection,
particularly where those who pose the threat are using
increasingly sophisticated methods to protect their
communications. In a Report published on 19th August 2016
(the "Bulk Powers Review") David Anderson QC, the
Independent Reviewer of Terrorism Legislation, concluded that
there is a proven operational case for the use of the powers to
obtain and use BCD and BPD, that those powers are used
across the range of activities of the SIA, from cyber-security,
counter-espionage and counter-terrorism to child sexual abuse
and organised crime, and that such powers play an important
part in identifying, understanding and averting threats to Great
Britain, Northern Ireland and elsewhere.”
We shall refer further to that Bulk Powers Review by Mr Anderson QC, the
then Independent Reviewer of Terrorism Legislation, (which we shall call “the
Anderson Report”) below.
8.
So far as BCD is concerned, its acquisition by the SIAs is described in
paragraph 22 and following of the October Judgment, namely by virtue of
directions issued by the Secretary of State, pursuant to s.94 to
Page 6