20
KENNEDY v. THE UNITED KINGDOM JUDGMENT
76. Section 65(2) provides that the IPT is the only appropriate forum in
relation to proceedings for acts incompatible with Convention rights which
are proceedings against any of the intelligence services; and complaints by
persons who allege to have been subject to the investigatory powers of
RIPA. It has jurisdiction to investigate any complaint that a person's
communications have been intercepted and, where interception has
occurred, to examine the authority for such interception. Sections 67(2) and
67(3)(c) provide that the IPT is to apply the principles applicable by a court
on an application for judicial review.
77. Under section 67(8) RIPA, there is no appeal from a decision of the
IPT “except to such extent as the Secretary of State may by order otherwise
provide”. No order has been passed by the Secretary of State.
78. Under section 68(2), the IPT has the power to require a relevant
Commissioner to provide it with all such assistance (including the
Commissioner's opinion as to any issue falling to be determined by the IPT)
as it thinks fit. Section 68(6) and (7) requires those involved in the
authorisation and execution of an interception warrant to disclose or provide
to the IPT all documents and information it may require.
79. Section 68(4) deals with reasons for the IPT's decisions and provides
that:
“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.”
80. The IPT has the power to award compensation and to make such
other orders as it thinks fit, including orders quashing or cancelling any
section 8(1) warrant and orders requiring the destruction of any records
obtained under a section 8(1) warrant (section 67(7) RIPA). In the event that
a claim before the IPT is successful, the IPT is generally required to make a
report to the Prime Minister (section 68(5)).
b. The power to adopt rules of procedure
81. As to procedure, section 68(1) provides as follows:
“Subject to any rules made under section 69, the Tribunal shall be entitled to
determine their own procedure in relation to any proceedings, complaint or reference
brought before or made to them.”
82. Section 69(1) RIPA provides that the Secretary of State may make
rules regulating any matters preliminary or incidental to, or arising out of,
the hearing or consideration of any proceedings before it. Under
section 69(2), such rules may: