MR JUSTICE BURTON
Approved Judgment
Caroline Lucas MP & Ors v Security Service & Ors
operational intelligence on the target without identifying the Parliamentarian.
All authorisation to issue must be recorded within the report issuing 1W.
12. In still rarer cases where direct communications between a target and an
MP (or member of the House of Lords) appear to raise concerns about the
latter’s conduct in relation to national security or serious crime, authorisation
to report the matter must be sought from the policy team and the Legal
Advisors who will consult further as appropriate and consider whether
political clearance should be sought. The policy Director will then advise
whether, and if so, how and to whom any material may be issued. All
authorisations to issue must be recorded.
13. However if a warranted target reports to a third party on communications
he/she has had with an MP (or member of the House of Lords) this material
may be transcribed and reported if it is of clear intelligence value bearing in
mind any special handling requirements for sensitive material as described in
the Transcribers Handbook. Transcribers should always consult the policy
team and the Legal Advisors in the first instance.
14. Any such reporting must be caveated to provide a warning that it relates to
a Parliamentarian in order to inform subsequent internal recipients that the
Legal Advisors should be consulted before any further action on the
intelligence is taken.
15. If an MP is recorded, unless the call comes under one of the scenarios
mentioned in
paragraphs 11-12 above, the call should be deleted
immediately.”
iii)
GCHQ: June 2015
...
“Selecting ‘related communications data’ obtained under the 8(4) regime,
where there is a deliberate intention to acquire such data related to
communications to or from a Parliamentarian, while not directly engaging the
Wilson Doctrine is also politically sensitive. In any case of this nature you
must consult DD Mission Policy, who will consult with FCO.
Requests for communications data under the provisions of RIPA Part I
Chapter II do not fall within the scope of the Wilson Doctrine. However,
serious consideration is required before submitting a request to acquire
communications data relating to a Parliamentarian. In any case of this nature
you must consult Mission Policy.
The authorisation process
If circumstances arise where it is proposed that a Parliamentarian is to be
subject to any form of interception of communications and/or electronic
surveillance that is subject to authorisation by a warrant signed by a Secretary
of State, the normal warrantry procedure should be followed. In addition,
Mission Policy will seek specific advice from LA and DD Mission Policy will