MR JUSTICE BURTON
Approved Judgment
ii)
Belhadj and Security Service
Alternatively (the Respondents’ alternative case) (paragraph 26(b) of those
Submissions) if the Tribunal is minded to make a determination in favour it
should do so on the express basis that LPP communications might have been
intercepted (without confirming or denying the factual position in Closed) and
that since the system was “not in accordance with the law” there is a
determination in favour under Article 8 ECHR [there is a cross reference to
Liberty v United Kingdom (2009) 48 HRR1 at paragraphs 57 and 59].
In any event the Respondents submit that, even if a determination is made in favour of
any of the Claimants, either no reasons or summary should be provided or such as is
as abbreviated as possible to accord with Rule 6(1), set out above.
8.
In addition to our resolution of the above issues, the Tribunal is to consider any
questions of remedy arising in relation to any finding it makes as to any LPP in
relation to any of the Claimants. Mr Jaffey, with Mr McCarthy on behalf of the
Belhadj Claimants, and Mr Tomlinson QC with Mr Armstrong and Ms Jaber on
behalf of Amnesty, refer us to s.67(7) of RIPA:“67(7) Subject to any provision made by rules under section 69,
the Tribunal on determining any proceedings, complaint or
reference shall have power to make any such award of
compensation or other order as they think fit; and, without
prejudice to the power to make rules under section 69(2)(h),
the other orders that may be made by the Tribunal include—
(a) an order quashing or cancelling any warrant or
authorisation; and
(b) an order requiring the destruction of any records of
information which—
(i) has been obtained in exercise of any power conferred by a
warrant or authorisation; or
(ii) is held by any public authority in relation to any person.”
The relevant rule (there referred to) is Rule 12, namely:
“12(1) Before exercising their power under section 67(7) of the
Act, the Tribunal shall invite representations in accordance
with this rule.
(2) Where they propose to make an award of compensation,
the Tribunal shall give the complainant and the person who
would be required to pay the compensation an opportunity to
make representations as to the amount of the award.
(3) Where they propose to make any other order (including
an interim order) affecting the public authority against
whom the section 7 proceedings are brought, or the person
whose conduct is the subject of the complaint, the Tribunal