IPCO Annual Report 2018
Q1: Figures for the number of times the Consolidated Guidance was considered, broken down
by agency
The Intelligence Services Commissioner previously published statistics for the number of times
that the Consolidated Guidance was considered. In reality, this related to the number of times
administrative processes relating to the internal policies for applying the Consolidated Guidance
had been exercised. The resultant statistics are an unhelpful matrix, further impacted because
internal processes have changed substantially in recent years meaning that it is not possible to
analyse trends on the basis of these figures. We do not, therefore, believe that publishing these
figures would enable the public to understand the level of use of the Consolidated Guidance by
the agencies.
We have found that the application of the Consolidated Guidance, and internal policies relevant
to detention, are one of the areas of our oversight where UKIC is most collaborative. Because
of this, providing individual figures for each agency would be misleading as a representation
of how UKIC is working. It is also worth noting that these figures would likely double-count
instances of consideration.
Q2: Statistics, per agency, for the number of breaches, or failures to apply, the Guidance
The Consolidated Guidance does not include a requirement to report breaches. The agencies
have therefore introduced different methods for identifying and recording instances where
they believe the Consolidated Guidance has not been adhered to. These methods have
largely related to failures to apply internal guidance and policies, and not to the application of
Consolidated Guidance principles in scenarios where there is any assessed risk to a detainee.
Although we have previously received briefings on instances where there has been a failure to
act in accordance with the Consolidated Guidance, and at times have noted these in our report,
we have not collected statistics in this regard and do not believe that it would be appropriate
to do so. In previous reports, we have noted our view that this is a flaw in the Consolidated
Guidance and are pleased that this has been rectified in The Principles. We will, therefore,
consider how this should now be reported from 2020 onwards.
Q3: Details of each agency’s procedures for applying the Guidance (including checking whether
it does apply) and escalating decision making to senior officers and Ministers
We have encouraged each agency to publish details of their internal policies and procedures. It
would not be appropriate for the Investigatory Powers Commissioner’s Office (IPCO) to publish
this material while it remains classified.
63