CHAPTER 12: CIVIL SOCIETY
12.92. Some submissions focused on the independence (and further the perceived
independence) and institutional security of the ISC, which it was thought could be
improved by:
(a)
ensuring that key members of the committee have not had dealings with or
political responsibility for the intelligence services;
(b)
the chair of the ISC being a member of the Opposition;
(c)
a transparent selection process not limited to nominations by the Prime
Minister, perhaps by way of appointment by Parliament or Select Committee;
(d)
reporting directly to Parliament rather than placing reports first before the Prime
Minister; and
(e)
making its own decisions on reporting and publication, removing the automatic
veto by the Prime Ministers. In sum, this may entail the ISC becoming a full
Parliamentary Select Committee.115
12.93. It is fair to point out that the deadline for written submissions to the Review came
before the publication of two weighty reports, which may have gone some way
towards rescuing the reputation of the ISC.116 However the ISC as an institution did
not receive significant support from those making submissions to us. Some were even
of the view that it should be abolished and its functions transferred to other
Parliamentary Committees such as the Joint Committee on Human Rights and the
Home Affairs Committee.
Future-proofing
12.94. The difficulty of predicting the direction and nature of technological development
underlies many of the criticisms of the current regime. A framework designed in 2000
does not, it is argued, stand up to analysis in 2015. It is difficult to describe accurately
the vast technological changes that have occurred in that time: but by way of example
we transmit vast quantities of data about the most mundane elements of our daily
lives across multiple borders in seconds; computers and handsets can be remotely
accessed and controlled without a suspect even being aware of it; and at any point in
time when we are carrying a mobile phone our location can be pinpointed with
significant accuracy.117
12.95. The advantages of future-proofing (and its regular companion phrase, technological
neutrality) have been emphasised to me countless times. At its root is a concern not
only that the law will become unusable, but that public authorities (and in particular
the Agencies) will develop capabilities that appear justifiable on an existing legal
framework but as to which safeguards are of minimal impact.
115
116
117
For detailed discussion of the role of and potential improvements to the ISC, see the submissions of Big
Brother Watch, ORG, the Bingham Centre for the Rule of Law and Dr Andrew Defty and Professor Hugh
Bochel.
The ISC Rigby Report and the ISC Privacy and Security Report.
See further Chapter 4, above.
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