July 16, 2015: HMT response to 4th Independent Reviewer Report

So, Mr. Watchlist is going to save you the effort of downloading the 11-page response to the Independent Reviewer Report, which reviews the implementation of the Terrorist Asset-Freezing etc. Act of 2010 (TAFA). There's only one page of real content – and here it is:

Procedure for challenge at review group meetings

Recommendation 13

The Chair of AFRG meetings at which new potential designations are discussed should
consider adopting a “devil’s advocate” approach, whereby one member of the AFRG is asked
to put the case against designation, thus assisting the group in identifying any possible
weaknesses in the case put forward. Sufficient material should be provided (including,
where appropriate, primary intelligence underlying agency assessments) for this exercise to
be performed in a meaningful way.

1.1 The Government recognises the importance of review group meetings being as rigorous as
possible, in order to ensure that designations under the Terrorist Asset Freezing etc. Act 2010
are fair, proportionate and legally robust. Operational partners are already challenged to
demonstrate how a particular case meets the statutory test for designation both in the
information provided before the meeting and at the meeting itself. However the Government
agrees that nominating one member of the review group as the ‘challenge champion’, to put
the case against designation, could further increase the level of challenge that takes place during
the review group meeting and make those meetings even more rigorous.

1.2 The Government agrees that it is beneficial for sufficient material to be provided in order for
this function to be carried out. However the Government does not accept that receiving the
underlying intelligence underpinning agency assessments would assist this function in most
cases. Operational partners are best placed to make assessments of underlying intelligence and
explain those assessments to the Treasury. Officials and operational partners will continue to
work closely together to ensure that assessments allow for rigorous consideration of both new
potential designations and reviews.