Powers Tribunal. The Tribunal received 80 new applications during the calendar
year 1 January – 31 December 2005 and completed its investigation of 44 of these
during the year as well as concluding its investigation of 49 of the 51 cases carried
over from 2004. 38 cases have been carried forward to 2006.
Assistance to the Investigatory Powers Tribunal
38. Section 57(3) of RIPA requires me to give all such assistance to the Tribunal
as the Tribunal may require in relation to investigations and other specified
matters. I was not asked to assist the Tribunal during the year 2005.
Determination made in favour of complainants by
Investigatory Powers Tribunal
39. During 2005 the Investigatory Powers Tribunal made a determination in
favour of two complainants who lodged a joint complaint. This is the first time
that the Tribunal has upheld a complaint. On the grounds of confidentiality, the
Investigatory Powers Tribunal Rules 2000 prohibit me from disclosing specific
details of the complaint, but it is sufficient to say that the conduct complained of
was not authorised in accordance with the relevant provisions of the Regulation
of Investigatory Powers Act 2000. The Tribunal ordered payment of an award of
compensation to the complainants and the respondents to destroy the relevant
records as provided for by section 67(7) of RIPA.
Safeguards
40. Sections 15 and 16 of RIPA lay a duty on the Secretary of State to ensure
that arrangements are in force as safeguards in relation to the dissemination,
disclosing, copying, storage and destruction etc., of intercepted material. These
sections of the legislation require careful and detailed safeguards to be drafted by
each of the agencies and for those safeguards to be approved by the Secretary of
State. This has been done. My advice is sought on proposed amendments to the
safeguards when they are updated in light of technical and administrative
developments.
41. During 2005 I had sight of the revised handling arrangements produced by
the Security Service. I provided my comments on this document which fully
meets the requirements of section 15 of RIPA.
Section 17: Exclusion of Matters from
Legal Proceedings
42. In my last Report I said that the question of the admission of intercept
material in criminal proceedings had been discussed at some length in Parliament,
the media and beyond. The aim of all concerned in the intercepting agencies is to
use the material to best advantage to detect and prevent terrorism and serious
crime. If it was a simple matter to change the law to allow intercept to be used
evidentially without losing the very substantial benefits delivered by the existing
intelligence only regime, I have no doubt that it would have been done many years
ago. The truth is that there is no simple way of achieving this. I concluded by
saying that I had no doubt that the balance of argument fell firmly against any
change in the law, and that any change in the law, would, overall, be damaging to
the work of the security, intelligence and law enforcement agencies.
43. I am still of that view, and it has been reinforced, and strengthened, by the
events surrounding the London bombings and attempted bombings of 7th and
21st July 2005, and other terrorist enterprises, in respect of which I have had the
opportunity and considerable advantage of seeing much material and having
discussions with those involved. I propose in this Report to set out in a little more
detail my reasons for taking the view that I do.
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