MR JUSTICE BURTON
Approved Judgment
Caroline Lucas MP & Ors v Security Service & Ors
when an ‘untargeted’ s.8(4) warrant is applied for. But it is plainly subject to
Chapter 3, which relates to both kinds of warrants.
11.
There was disclosed for the first time in the course of these proceedings, either in full
or in gist, the Official Guidance to each of the three Intelligence and Security
Agencies which, we are satisfied, was primarily what the Home Secretary was
referring to in Parliament in July 2014. Earlier versions of the Official Guidance were
also disclosed in similar form, and Mr Jaffey has rightly pointed out differences
between the forms of the Guidance in place at various times, though all of them
referred expressly to the Wilson Doctrine and its effect. The Guidance for each of the
three Agencies differs in certain respects, but they are not materially dissimilar. We
propose to set out in this judgment the whole of the disclosed (in part redacted)
version of the Official Guidance presently in force in respect of the SS and to
supplement it by reference to certain express passages in the Guidance in force for the
other two Agencies. As in the actual disclosed documents, those parts of them which
are gisted, as opposed to quoted verbatim, are distinguished by the underlining below:
i)
SS: 27 February 2015
“Policy Aim
This document sets out the Service’s policy on the application of the Wilson
Doctrine.
Audience
All analysts and investigators.
Principles
1. The rationale for the Wilson Doctrine is to protect the communications of
Parliamentarians in the performance of their Parliamentary and constituency
duties without fear that their communications are being targeted other than
exceptionally where there is a compelling reason for doing so. The Wilson
Doctrine is important as it reflects the political sensitivity of the interception
of such communications and, in respect of the Agencies, the provision in
section 2(2)(b) of the Security Service Act 1989 (and the corresponding
provisions in the Intelligence Services Act 1994) which prohibits the Agencies
from furthering the interests of any political party.
Summary
- The Wilson Doctrine is important as it reflects the political sensitivity of the
interception of communications of Parliamentarians. Such targeting should
be regarded as exceptional.
- The application of the Doctrine is limited to members of the Westminster
Parliament only (MPs and Peers) and the deliberate targeting of their
communications.