CHAPTER 10: INTELLIGENCE
create a tension with the legal requirement that the law governing their activities must
be accessible and foreseeable. 9
10.12. But the differences between intelligence and law enforcement should not be overemphasised. Since 1996, it has been an express function of MI5 to act in support of
the activities of police forces and other law enforcement agencies.10 In the wake of
the 2005 London bombings, this was facilitated by the formation of Counter-Terrorism
Units across the country where police and MI5 combine their resources in a common
cause. Their capacities are to some extent interchangeable, and directed at the same
targets. The efficient working together of intelligence and law enforcement is a
distinctive feature of the UK security landscape, and one that is noted and envied
abroad.
Summary of requirements
10.13. The Agencies saw their main challenge, as the National Security Adviser reported in
2014,11 to maintain their capabilities in the face of an evolving threat picture and rapid
technological change.
10.14.
They expressed their priorities to the Review as follows:
Capabilities
(a)
To maintain their abilities to access the content of communications, and
communications data.
(b)
To collect communications in bulk where they cannot refine targeting at the time
of collection to individuals’ communications; and to use bulk collection where
necessary to discover new threats and targets.
(c)
To maintain a flexible and agile global reach, commensurate with the
Government’s foreign, security and defence policies.
(d)
To be able to exchange information amongst themselves and maintain their
position as part of an international community in the exchange of intelligence.
Legislation and oversight
9
10
11
(e)
To be able to operate in secret, subject to Parliamentary and judicial oversight
and ministerial control.
(f)
To be subject to authorisation arrangements that protect the secrecy of their
sources and methods, and which provide timely decision-making.
As set out in detail at 5.18-5.24.
SSA 1989, s1(4), added by SI 1996/2454.
Security and Intelligence Agencies Financial Statement, June 2014.
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