33.
The description is taken up by the Intelligence Services Commissioner at
paragraph 849 of his 2014 Report at page 18, which reads (though now in the
context of a s.5 warrant) as follows:
“Thematic Property Warrants
I have expressed concerns about the use of what might
be termed “thematic” property warrants issued under
section 5 of ISA. ISA section 7 makes specific reference
to thematic authorisations (what are called class
authorisation) because it refers “to a particular act” or
to “acts” undertaken in the course of an operation.
However, section 5 is narrower referring to “property
so specified”.
During 2014 I have discussed with all the agencies and
the warrantry units the use of section 5 in a way which
seemed to me arguably too broad or “thematic”. I have
expressed my view that:
section 5 does not expressly allow for a class of
authorisation; and
the words “property so specified” might be
narrowly construed requiring the Secretary of
State to consider a particular operation against
a particular piece of property as opposed to
property more generally described by reference
for example to a described set of individuals.
The agencies and the warrantry units argue that ISA
refers to action and properties which “are specified”
which they interpret to mean “described by
specification”. Under this interpretation they consider
that the property does not necessarily need to be
specifically identified in advance as long as what is
stated in the warrant can properly be said to include the
property that is the subject of the subsequent
interference. They argue that sometimes time
constraints are such that if they are to act to protect
national security they need a warrant which “specifies”
property by reference to a described set of persons, only
being able to identify with precision an individual at a
later moment.
I accept the agencies’ interpretation is very arguable. I
also see in practical terms the national security
requirement.
The critical thing however is that the submission and
the warrant must be set out in a way which allows the