Services Tribunal and the complaints function of the Commissioner appointed
under the Police Act 1997 as well as for claims under the Human Rights Act. The
President of the Tribunal is Lord Justice Mummery with Mr. Justice Burton acting
as Vice-President. In addition, four senior members of the legal profession served
on the Tribunal for the whole of 2008, one member having stepped down at the
end of February 2008.
6.2 As I explained in paragraph 39 of my Annual Report for 2006, complaints to
the Investigatory Powers Tribunal cannot easily be “categorised” under the three
Tribunal systems that existed prior to RIPA. Consequently, I am unable to detail
those complaints that relate to the interception of communications that would
previously have been considered by the Interception of Communications Tribunal.
I can only provide the information on the total number of complaints made to the
Investigatory Powers Tribunal. The Tribunal received 136 new applications during
the calendar year 2008 and completed its investigation of 70 of these during the
year as well as concluding its investigation of 32 of the 41 cases carried over from
2007. 75 cases have been carried forward to 2009.
6.3 In 2007 the Tribunal received 66 new applications and completed its
investigation in relation to 31 of them, so in 2008 the workload increased by over
100%. Despite the increase in the disposal rate the inevitable result has been an
increase in the time taken to deal with applications, given that there has been
no increase in the size of the Tribunal or in the size of its support staff, and the
trend has continued, so consideration should be given to the question of whether
increasing delays in dealing with applications are acceptable, and if not what can
be done to assist, given the time that it takes to recruit suitable staff and arrange
security clearance.
Assistance to the Tribunal
6.4 Section 57(3) of RIPA requires me to give all such assistance to the Tribunal
as the Tribunal may require in relation to investigations and other specified matters.
My assistance was not sought by the Tribunal during 2008.
Determination made by the Tribunal in favour of two
separate complainants
6.5 During 2008 the Investigatory Powers Tribunal made two determinations in
favour of two separate complainants. These are the second and third occasions that
the Tribunal has upheld a complaint, the first being recorded in my predecessor,
Sir Swinton Thomas’s, final Annual Report for 2005-2006. On the grounds of
confidentiality, the Investigatory Powers Tribunal Rules 2000 prohibit me from
disclosing specific details about the two complaints, but it is sufficient to say that
the conduct complained of was not authorised in accordance with the relevant
provisions of RIPA. In its ruling in the first case the Tribunal ordered payment
of an award of compensation to the complainant, as provided by section 67(7) of
RIPA, though the respondents were not required to destroy the relevant records.
In the second case, no award of compensation was made but the respondents were
ordered to destroy the evidence of the unauthorised conduct.
Section 7: Conclusion
7.1 As I said in my previous Reports, the interception of communications is an
invaluable weapon for the purposes set out in section 5(3) of RIPA. It has continued
to play a vital part in the battle against terrorism and serious crime, and one that
would not have been achieved by other means. The task of the agencies working
in this field has become, and is becoming ever more, technical and difficult as a
result of the greater sophistication of terrorists and criminals. I am satisfied that
Ministers and the intelligence and law enforcement agencies carry out the work,
which I am required to consider, diligently and in accordance with the law.
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