CHAPTER 10: INTELLIGENCE
International relationships
10.29. The Agencies point out the importance to British foreign, defence and security policies
of their ability to support a very wide range of intelligence requirements. UK
intelligence indeed has a remarkable global reach. But to retain this reach, the
Agencies argue they must maintain a breadth of capability including advanced
technical know-how that enables them to be partners of choice to other intelligence
agencies whenever British interests arise. Because those interests change quickly,
indeed faster than new intelligence capabilities can be developed, the Agencies must
themselves retain a breadth of capability sufficient to react straightaway when
demands change. This argument bears particularly on GCHQ, its relationship with
the NSA, and its ability to intercept communications globally.
10.30. There is an international trade in intelligence. In the Charles Farr Statement, the
Government’s argument for intelligence sharing is set out:
“It is highly unlikely that any government will be able to obtain all the intelligence
it needs through its own activities. It is therefore vital for the UK government to
be able to obtain intelligence from foreign governments both to improve its
understanding of the threats that the UK faces, and to gain the knowledge
needed to counter those threats. Indeed, the intelligence that a foreign
government shares with the intelligence services (on a strictly confidential
basis) represents a significant proportion of the intelligence services' total store
of intelligence on serious and organised criminals, terrorists and others who
may seek to harm UK national security. The store of intelligence forms a
resource for the government in seeking to take preventative action to counter
threats, and save lives.”
10.31. As discussed at 7.66 above, the strongest partnership is the Five Eyes community
involving the UK, USA, Canada, Australia and New Zealand. But there is bilateral
sharing with many countries, not all of them in the established communities of the EU
or the North Atlantic Treaty Organisation (NATO). Some of these relationships are
broadly based where there is an enduring mutual interest. Others come together for
a particular purpose such as a joint intervention.
10.32. These international relationships are a vital contributor to their ability to provide the
intelligence that the Government seeks. They therefore wish to preserve them within
a legal framework that respects the confidentiality other governments require, whilst
maintaining domestic confidence in their action. This is another area where the recent
report by the ISC has called for future legislation to control the arrangements more
explicitly, defining the powers and constraints governing such exchanges.26
Techniques and warrants
10.33. MI5 and GCHQ have the leading interest in formulating the needs of the Agencies for
investigatory powers affecting communications.
26
ISC Privacy and Security Report, Conclusion TT.
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