sustained by the Complainant in consequence of the matters complained of.
5. Following written submissions from each side in 2003 the Tribunal made an order on
24 March 2004 for an oral hearing in public to hear legal argument from each side on
specific issues of legal principle relevant to the determination of the RIPA complaint
and the HRA claim. It was ordered that the hearing should be held together with the
hearing of legal issues arising in Application No TPT/01/77.
6. No oral evidence was given on either side in public or in private at the hearing on 28
July 2004. The Tribunal does not consider it necessary to hear any oral evidence from
the Complainant in order to make a determination. Very full written details have been
supplied by him.
7. The Tribunal is able to rule on the issues, of legal principle without reference in the
determination to any of the facts or evidence. The legal principles were argued by
reference to the statutory provisions and the authorities concerning interception of
communications.
8. The points raised concern the specific legal principles and propositions governing the
determination of the complaint and the claim: the relationship between RIPA, the
European Convention on Human Rights and the common law protection of privacy of
communications: whether there is a common law right of privacy in public law and, if
so, whether it is a fundamental or basic right attracting the application of the principle