11. As recorded in last year’s Report Part III of RIPA – providing for the
disclosure of protected electronic data in an intelligible form or for disclosure of
the means to access to make intelligible such – is not yet in force, but I understand
that the Government is keeping this under urgent review and has subsequently
undertaken a public consultation on a draft code of practice for Part III.
12. In accordance with these duties I have continued my practice of making
twice yearly visits to the Security Service, the Secret Intelligence Service,
Government Communications Headquarters, the National Criminal Intelligence
Service, the Special Branch of the Metropolitan Police, Strathclyde Police (only
visited once in this reporting period), the Police Service for Northern Ireland, the
Northern Ireland Office, HM Revenue and Customs (HM Customs and Excise
merged with the Inland Revenue and became HM Revenue and Customs on
1st April 2005), the Foreign and Commonwealth Office, the Home Office, the
Scottish Executive (only visited once in this reporting period), and the Ministry
of Defence. NCIS and the parts of HM Revenue and Customs which had
responsibility for investigating drug trafficking have now become part of SOCA
(the Serious Organised Crime Agency). In short, the intercepting agencies and the
departments of the Secretaries of State/Ministers which issue the warrants. Prior
to each visit, I obtain a complete list of warrants issued or renewed or cancelled
since my previous visit. I then select, largely at random, a sample of warrants for
inspection. In the course of my visit I satisfy myself that those warrants fully meet
the requirements of RIPA, that proper procedures have been followed and 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, when necessary,
discuss the cases with the officers concerned. I can view the product of
interception. It is of first importance to ensure that the facts justified the use of
interception in each case and that those concerned with interception fully
understand the safeguards and the Codes of Practice.
13. I continue to be 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 have a detailed understanding of the legislation and
are always anxious to ensure that they comply both with the legislation and the
appropriate safeguards. All applications made to the Secretary of State are
scrutinised by officials in the warrants unit within their respective Department
(e.g., the Home Office, the Foreign Office and the Ministry of Defence and by
similar officers in departments in the Northern Ireland Office and Scottish
Executive. They are all skilled in their work and there is very little danger of any
defective application being placed before the Secretary of State. I will refer in
some detail to errors which have occurred during the period under review. Where
errors have occurred, they are errors of detail or procedure and not of substance
and in those circumstances nothing I have examined in my view amounts to a
criminal offence contrary to section 1 of RIPA or the statutory tort created by that
section. If there is any product obtained through such errors it is immediately
destroyed. The Agencies always make available to me personnel and documents
requested by me. They welcome my oversight as ensuring that they are acting
lawfully and appropriately and seeking my advice 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 left in no doubt at all as to the Agencies’ anxiety to
comply with the law. In case of doubt or difficulty, they do not hesitate to contact
me and to seek advice, and I am sure that they will continue to contact my
successor in the future.
14. During the year I met the Home Secretary on more than one occasion, the
Foreign Secretary, the Secretary of State for Defence, the Secretary of State for
Northern Ireland and the First Minister and the Justice Minister for Scotland. It
is clear to me that each of them gives a substantial amount of time and takes
considerable care to satisfy himself or herself that warrants are necessary for the
authorised purposes, and that what is proposed is proportionate. If the Secretary
of State wishes to have further information in order to be satisfied that he or she
should grant the warrant then it is requested and given. Outright and final refusal
of an application is comparatively rare, because the requesting agencies and the
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