CHAPTER 12: CIVIL SOCIETY
continued discharge of the functions of the intelligence services (rule 6(1)),
although “gists” of evidence are now permitted;107 and
It operates based on the principle of NCND,108 a “departure from procedural
norms”.109
(d)
There is no appeal from the IPT (RIPA s67(8)); nor does it appear that the IPT
can make declarations of incompatibility under HRA 1998.
12.89. A range of suggestions seek to address the criticisms made of the IPT itself, and
include:
(a)
to allow it to issue a “declaration of incompatibility” (as far as this is not
provided for currently);
relating to disclosure;
to extend the use of oral hearings;
to make open hearings the default and disclose the fact that closed hearings
have taken place;
to use special advocates so as to ensure a degree of representation for the
interests of those excluded from closed hearings; and
to secure further and more robust powers for ordering disclosure, including
sanctions where information is not provided.
(b)
Increasing the capability of the IPT, including the introduction of expert
technological expertise.
(c)
Expanding the scope of the IPT’s jurisdiction to allow it to consider errors made
by service providers as well as public authorities.
(d)
The ability for further scrutiny of the IPT’s work, including in particular the
introduction of judicial review and/or appeal of IPT decisions.
(e)
Measures to increase access to the IPT, including:
107
108
109
The grant of greater powers to the IPT:
giving more bodies the ability to refer issues to the IPT, including service
providers and other oversight mechanisms such as Commissioners;
The Belhadj IPT Case, interim judgment of 18 November 2014.
See the discussions in IPT/03/03/CH, Kennedy v Security Services IPT/01/62 and 77 (in particular paras
46-54), and the Belhadj IPT Case.
Secretary of State for the Home Department v Mohamed and others, [2014] EWCA Civ 559, [2014] 1
WLR 4240.
240