b.
the exercise and performance, by the persons on whom they are conferred
or imposed, of the powers and duties conferred or imposed by or under
Chapter II of Part I;
c.
the exercise and performance by the Secretary of State in relation to
information obtained under Part I of the powers and duties conferred or
imposed on him by or under Part III; and
d.
the adequacy of the arrangements by virtue of which:
i.
the duty which is imposed on the Secretary of State by section 15,
and
ii.
so far as is applicable to information obtained under Part I, the
duties imposed by section 55 are sought to be discharged.
Chapter II of Part I and Part III are not yet in force.
7. In accordance with these duties I have continued my practice of making
twice yearly visits to the Security Service, the Secret Intelligence Service,
GCHQ, the National Criminal Intelligence Service, the Special Branch of the
Metropolitan Police, Strathclyde Police, the Police Service for Northern
Ireland, HM Customs and Excise, the Foreign and Commonwealth Office, the
Home Office, the Scottish Executive and the Ministry of Defence. Prior to each
visit I obtain a complete list of warrants issued or renewed since my previous
visit. I then select, largely at random although there have been occasions where
I have indicated specific cases that I want to see, a sample of warrants for close
inspection. In the course of my visit I satisfy myself that the warrants fully meet
the requirements of RIPA, that proper procedures have been followed, that the
relevant safeguards and codes of practice have been followed. During each visit
I review each of the files and the supporting documents and discuss the cases
directly with the operational officers concerned. I can view the product of
interception. It is important to ensure that the facts justify the use of
interception in each case and those concerned with interception fully
understand the safeguards and the codes of practice.
8. I have been very impressed by the quality, dedication and enthusiasm of
the personnel carrying out this work on behalf of the government and the
people of the United Kingdom. They show that they have a detailed
understanding of the legislation and strive assiduously to comply with the
statutory criteria and, in my view, there is very little, if any, danger that an
application which is defective in substance will be placed before the Secretary
of State. Where errors have occurred, which I refer to below (and in detail in
the Confidential Annex) these have been errors of detail and not of substance.
All errors are reported to me and if there is any product it is immediately
destroyed. In conforming to the statutory duty placed on them, the agencies
have made available to me everything that I have wished to see or hear. They
welcome the oversight of the Commissioner, both from the point of view of
seeking his advice, which they do quite frequently, and as a reassurance to the
general public that their activities are overseen by an independent person who
has held high judicial office. I am also left in no doubt as to the agencies’ anxiety
to comply with the law. In a case of doubt or difficulty, they do not hesitate to
contact me.
9. During the year I have also seen the Home Secretary, the Foreign
Secretary, the Secretary of State for Northern Ireland, the Secretary of State
for Defence and the First Minister for Scotland. I have been impressed with the
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