CHAPTER 12: CIVIL SOCIETY
providing for notification of those wrongfully subjected to investigatory
powers (unless an operational need requires otherwise); and
granting legal aid to claimants and the ability to award costs to ensure that
those with limited means are able to access justice.
(f)
Measures to ensure greater transparency, which include:
increased fact-finding power, including lessened reliance on the NCND
principle where public interest demands otherwise;
the increased giving of reasons for refusing cases; and
the production of greater public information regarding the operation of the
tribunal.
Intelligence and Security Committee
12.90. The ISC was reformed by the JSA 2013. However, concerns remain that the ISC is
insufficiently robust and independent of governmental pressure. In particular:
(a)
Its members still require nomination by the Prime Minister.110
(b)
It may not consider matters that the Prime Minister views as either not in the
significant national interest or part of an ongoing operation.111
(c)
It must exclude matters that the Prime Minister considers would be prejudicial
to the continued operations of the intelligence services.112
(d)
Information can be withheld from it by the Secretary of State if such information
is “sensitive” (i.e. leading to identification of or providing details of sources,
assistance or operational methods available to intelligence or security bodies)
or should not be disclosed in the interests of national security.113
12.91. Submissions focused on bolstering the powers given to the ISC, such that it could
compel the production of information, hold more (and more robust) public evidence
sessions,114 and perhaps look more broadly at the acts of the security and intelligence
agencies. This would require more funding and more staff. Other suggestions
included providing the ISC with independent experts able to undertake detailed
forensic investigations and an independent secretariat with both legal and technical
advisors.
110
111
112
113
114
Section 1(4)(a).
Section 2(3)(a).
Section 3(4).
Schedule 1, para 4(2)-(5).
Recent hearings were described as “political theatre” by Dr Paul Bernal.
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