3. PREVIOUS ASSESSMENTS
Introduction
3.1.
Despite three preparatory studies, pre-legislative and legislative scrutiny by
multiple parliamentary committees and the Government’s presentation in March
2016 of the Operational Case, consideration of the Bill has to date featured no
authoritative independent analysis of the operational case for the powers under
review.
3.2.
But it is important to note that with the exception of bulk EI (1.19 above), each of
the powers under review:
(a) has already been in use for at least several years; and
(b) has been the subject of comment as to its utility and/or necessity by one or
more of the dedicated oversight and scrutiny bodies for which the law
provides.
The utility of the bulk interception power was also addressed in AQOT, as
summarised at 1.25-1.27 above.
3.3.
In addition to the dedicated oversight and scrutiny bodies, others have also
commented on the utility of the powers under review, or analogous powers.
3.4.
This chapter first identifies the bodies and individuals that have already
addressed the operational case for the powers under review, and then
summarises their conclusions.
Dedicated oversight and scrutiny bodies
3.5.
All four of the powers under review are subject to external oversight and scrutiny
by:
(a) the two Commissioners appointed for the purpose, former Lord Justices of
Appeal whose functions will be subsumed into those of the IPC:117
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the IOCC , currently Rt. Hon. Sir Stanley Burnton, who with his office
IOCCO is responsible for oversight of oversight of bulk interception,
and (from March 2015) of bulk acquisition;118 and
Bill, clauses 203-215. Lord and Lady Justices of Appeal are the most senior tier of judges in
England and Wales, save only for Justices of the Supreme Court.
See further AQOT 6.100-6.104. IOCCO has had oversight of MI5’s access to bulk
communications data acquired pursuant to the s94 power since 2007: that access followed the
authorisation process set out in RIPA 2000 s 22 and 23.
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