Belhadj and Security Service
MR JUSTICE BURTON
Approved Judgment
2015: the Respondents shall serve and lodge written
submissions in response by 4 pm on 5 March 2015:
Counsel to the Tribunal shall serve any submissions by
10 am on 9 March 2015.”
4.
The Tribunal has held a closed procedure, in which consideration of any documents
and information relating to any legally privileged material (“LPP”) relating to any of
the Claimants intercepted or obtained by the Respondents has taken place, and an
open hearing in which the consequences of there being any such material has been
addressed. This is the Tribunal’s judgment after such process.
5.
The issues arise out of the provisions of the Regulation of Investigatory Powers Act
2000 (“RIPA”) and the Investigatory Powers Tribunal Rules (“the Rules”), as follows:
i)
RIPA
“68(4) Where the Tribunal determine any proceedings,
complaint or reference brought before or made to them, they
shall give notice to the complainant which (subject to any rules
made by virtue of section 69(2)(i)) shall be confined, as the
case may be, to either (a) a statement that they have made a determination in his
favour; or
(b) a statement that no determination has been made in his
favour.
68(5) Where (a) the Tribunal make a determination in favour of any person
by whom any proceedings have been brought before the
Tribunal or by whom any complaint or reference has been
made to the Tribunal, and
(b) the determination relates to any act or omission by or on
behalf of the Secretary of State or to conduct for which any
warrant, authorisation or permission was issued, granted or
given by the Secretary of State,
they shall make a report of their findings to the Prime Minister.
...
69(1) The Secretary of State may make rules regulating—
(a) the exercise by the Tribunal of the jurisdiction conferred on
them by or under section 65; and
(b) any matters preliminary or incidental to, or arising out of,
the hearing or consideration of any proceedings, complaint or
reference brought before or made to the Tribunal.