Caroline Lucas MP & Ors v Security Service & Ors
Annex
MR JUSTICE BURTON
Approved Judgment
ANNEX
OPEN PRELIMINARY LEGAL ISSUES
I.
What is the meaning and scope of the Wilson doctrine? In particular:
a. Does the Wilson doctrine apply to all interception of communications pursuant to
a warrant under RIPA 2000, including certificated warrants issued under section
8(4)?
b. Does the doctrine apply to both “targeted” and “incidental” interception of
Parliamentarians’ communications?
II. Does the Wilson doctrine operate so as to create a substantive legitimate expectation
and/or operate to prevent the interception of Parliamentarians’ communications, either
targeted or incidental?
III.
What is the legal effect of the Wilson doctrine on:
a. the information that ought to be put before the Secretary of State when making
an application for a warrant under section 8(1) or 8(4) RIPA;
b. the decision as to whether to issue a warrant under section 8(1) or 8(4) RIPA;
c. the interception and/or selection for examination of communications under
section 8(4) RIPA;
d. a decision to read, look at or listen to communications collected under section
8(4) RIPA?
IV. Is the regime for the interception of Parliamentarians’ communications (“the regime”) in
accordance with the law under Article 8(2) ECHR / prescribed by law under Article
10(2) ECHR? In particular:
a. Is the regime sufficiently clear and certain to be prescribed by law / in
accordance with the law?
b. Does the regime provide sufficient protection against arbitrary and
disproportionate conduct in relation to Parliamentarians’ communications?
c. If ‘yes’ was this the case throughout the period commencing 1 year prior to
the date of complaint?