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independent review of terrorist asset freezing act 2010 December 15, 2011

Posted by Bradley in : transparency , trackback

David Anderson, the independent reviewer of terrorism legislation, has published his first report. There’s a lot in this report, including a very clear description of the background and of the statute. Reading the report it isn’t very clear that there’s much clarity about what the freezing of assets is really achieving. The report notes, for example, that the Treasury’s list of designated persons “has a distinctly haphazard look” (para. 10.12).
The report makes a number of recommendations, including:

The Treasury should issue and present to Parliament a statement of policy regarding ts approach to designation under TAFA 2010, in order to ensure that the power is used in a consistent and principled manner. That statement should deal, in particular, with: (1) the factors that may lead the Treasury to conclude that the statutory tests for designation (in particular, the necessity test) are satisfied;(2) the factors that in a case where the statutory tests are satisfied may inform the Treasury’s exercise of its discretion to designate (or to retain a designation in force). It should also confirm that no designation will be made, or retained in force, without consideration of whether designation would be proportionate bearing in mind the anticipated effect on private and family life (Article 8 ECHR) and property rights (Article 1 of the First Protocol).

The report also makes recommendations about improving procedures for designation and review, and for licensing and compliance (for example to reduce the humiliation suffered by designated persons) and about increasing transparency.

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