utility or necessity of the power. A fully rounded view is likely to depend, in
addition, upon:
(a) attempting to evaluate the overall contribution of the powers under review to
the objectives for which they were deployed;
(b) looking at failures as well as successes;
(c) asking whether the use of alternative, less intrusive means could have
achieved the same (or greater) successes, and avoided some or all of the
failures; and
(d) having recourse to assessments of comparable powers, in the UK or
elsewhere.
Evidence generated by SIAs
4.31.
Those approaches require evidence of a different nature from the intelligence
reports and testimony of analysts which informed our approach to the case
studies. They have caused us, in particular, to ask the SIAs for details of:
(a) how often the powers under review are used;
(b) negative incidents and outcomes associated with the use of the powers
under review;
(c) the criteria applied internally to assess the utility of the powers;
(d) evidence in support of applications for renewal of bulk warrants, funding etc.;
and
(e) internal documents considering the utility of the powers under review, both in
absolute terms and relative to other priorities.
4.32.
The last category of documents has the potential to be particularly valuable,
since it includes documents that were produced not for the purposes of achieving
a beneficial outcome for a SIA (e.g. a funding increase, or the renewal of a
warrant), but to assist internal reflection and the setting of corporate priorities.
Where such documents were prepared in a spirit of open-minded discussion or
enquiry, it is harder to dismiss them as one-sided or self-serving.
4.33.
My request for full disclosure of such documents (specifically including any that
were unhelpful to the SIAs’ case) was said to be unprecedented. But the SIAs
complied willingly. A large quantity of documentation was handed over in short
order. No attempt was made to redact this material, despite its highly sensitive
nature and some references in it to shortcomings, unintended consequences and
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