Powers (Communications Data) Order 2003 was made on 5 December 2003 and
came into force on 5 January 2004 (Statutory Instrument 2003 No. 3172). A draft
Code of Practice giving guidance on the correct procedures for applying this
provision under RIPA is currently subject to public consultation. I provided the
Home Office, the department responsible for developing the Code of Practice,
with my comments of the content of the draft Code.
21. For better or worse, but inevitably, bringing into force of Chapter II will
result in a major change in the role of the Commissioner, and a very large increase
in my work and that of the Secretariat. In addition to the agencies covered by
Chapter I of Part I of RIPA, and the prisons (138 in number) there are 52 police
forces in England, Wales, Scotland and Northern Ireland and 510 public
authorities who are authorised to obtain communications data, all of whom will
have to be inspected. This is clearly a major task which could not be carried out
by one person. Hence the need for a Chief Inspector and Inspectors.
22. I mentioned in paragraph 20 of my Report last year that I had numerous
meetings with officials at the Home Office with the aim of establishing the
appropriate oversight regime and the level of resources required. A recruitment
campaign was initiated in August 2004 to identify and appoint a Chief Inspector
and an appropriate number of Inspectors to help me in my oversight of Chapter II
as well as my non-statutory role of overseeing interception in prisons. Suitable
candidates have been identified. They should be in post before the summer,
although they will have to be trained before they undertake inspections. I will
continue to keep the oversight of the interception of communications under
Chapter I within my sole remit.
23. Although no formal oversight regime was in place during 2004 work was,
and continues to be, undertaken to gather statistical information from all the
empowered police and public authorities on their use of the powers conferred on
them under RIPA Part I Chapter II, specifically (i) the number of requests made
for subscriber details, (ii) the number of requests made for details of incoming
and outgoing data, (iii) details of any other types of data, and (iv) the total number
of errors that occurred during the application process. I intend providing these
details, and a report of the oversight inspections undertaken during 2005, in my
2005 Annual Report.
Section 17: Exclusion of matters from legal proceedings
24. The question of the admission of intercept material in criminal proceedings
has been discussed at some length in the course of 2004 between myself and
Ministers, the Security and Intelligence Co-ordinator, the security, intelligence
and law enforcement agencies and the communication service providers. The aim
of all concerned is, of course, to use this material to the best advantage to prevent
terrorism and crime, and to apprehend terrorists and criminals. The subject is a
complex one, much more complex than at first sight might appear. It is not
suitable for lengthy discussion in this Report. I have the considerable advantage
in my position of having an overall picture of all those engaged in this work. I am
left in no doubt that the balance falls firmly against any change in the present law
and that any amendment of Section 17 of the Act would, overall, be damaging to
the work of the security, intelligence and law enforcement agencies. I continue,
of course, to have an open mind on this subject if any major change should occur
in the future.
Prisons
25. In my earlier Annual reports, I highlighted the fact that I had been asked by
the Home Secretary to oversee the interception of communications in prisons for
police and security purposes. Although this function does not fall within my
statutory jurisdiction under RIPA, I agreed, in principle, to undertake this role
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