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A Democratic Licence to Operate
Recommendation 12: The IPT should hold open public hearings, except where the
Tribunal is satisfied that private or closed proceedings are necessary in the interests of
justice or other identifiable public interest.
Recommendation 13: The IPT should have the ability to test secret evidence put before
it by the SIAs. While internal procedures are a matter for the Tribunal to decide, we
suggest that this could be achieved through the appointment of a special counsel.
Recommendation 14: We agree with both the ISC and Anderson reports that the
domestic right of appeal is important and should be considered in future legislation.
Recommendation 15: Appointment to the IPT should be limited to a term of four years,
renewable once for a further four years.
Recommendation 16: The judicial commissioners should have a statutory right
to refer cases to the IPT where they find a material error or arguable illegality or
disproportionate conduct.
A National Intelligence and Surveillance Office
Recommendation 17: The Intelligence Services Commissioner, Interception of
Communications Commissioner’s Office, and the Office of Surveillance Commissioners
should be replaced by a new single independent organisation: a National Intelligence
and Surveillance Office (NISO). This organisation should be placed on a statutory footing
and its independence guaranteed by statute.
Recommendation 18: A NISO should have an office based outside of the Whitehall
departments, have a public profile and be led by a senior public official. The new
organisation should be staffed by appropriate persons with technical, legal, investigative
and other relevant expertise (for instance in privacy and civil liberties). The new
organisation would have four main areas of responsibility:
•
•
•
•
Inspection and audit
Intelligence oversight
Legal advice
Public engagement.
Recommendation 19: A NISO should provide support and assistance to the Investigatory
Powers Tribunal and the judicial commissioners.
Mutual Legal Assistance Treaties
Recommendation 20: Urgent improvements are necessary in order to expedite the
mutual legal assistance treaty (MLAT) process and, in particular, to the UK–US process