b.
the exercise and performance, by the persons on whom they are conferred
or imposed, of the powers and duties conferred or imposed by or under
Chapter II of Part I;
c.
the exercise and performance by the Secretary of State in relation to
information obtained under Part I of the powers and duties and conferred
or imposed on him by or under Part III; and
d.
the adequacy of the arrangements by virtue of which:
i.
the duty which is imposed on the Secretary of State by section 15,
and
ii.
so far as is applicable to information obtained under Part I, the
duties imposed by section 55 are sought to be discharged.
Chapter II of Part I came into force on 5 January 2004. Part III is not yet in
force.
6.
In accordance with these duties I have continued my practice of making
twice yearly visits to the Security Service, the Secret Intelligence Service,
Government Communications Headquarters, the National Criminal
Intelligence Service, the Special Branch of the Metropolitan Police, Strathclyde
Police, the Police Service for Northern Ireland, HM Customs and Excise, the
Foreign and Commonwealth Office, the Home Office, the Scottish Executive
and the Ministry of Defence. Prior to each visit I obtain a complete list of
warrants issued or renewed since my previous visit. I then select, largely at
random although there have been occasions where I have indicated specific
cases that I want to see, a sample of warrants for close inspection. In the course
of my visit I satisfy myself that the warrants fully meet the requirements of
RIPA, that proper procedures have been followed, and that the relevant
safeguards and codes of practice have been followed. During each visit I review
each of the files and the supporting documents and discuss the cases directly
with the operational officers concerned. I can view the product of interception.
It is important to ensure that the facts justify the use of interception in each
case and those concerned with interception fully understand the safeguards
and the codes of practice.
7.
I have been impressed by the quality, dedication and enthusiasm of the
personnel carrying out this work on behalf of the government and the people
of the United Kingdom. They show that they have a detailed understanding of
the legislation and strive assiduously to comply with the statutory criteria and,
in my view, there is very little, if any, danger that an application which is
defective in substance will be placed before the Secretary of State. Where
errors have occurred, which I refer to below (and in more detail in the
Confidential Annex) these have been errors of detail or procedure and not of
substance. All errors are reported to me and if there is any product it is
immediately destroyed. In conforming to the statutory duty placed on them, the
agencies have made available to me everything that I have wished to see or
hear. They welcome the oversight of the Commissioner, both from the point of
view of seeking his advice, which they do quite frequently, and as a reassurance
to the general public that their activities are overseen by an independent
person who has held high judicial office. I am also left in no doubt as to the
agencies’ anxiety to comply with the law. In a case of doubt or difficulty, they
do not hesitate to contact me, and to seek advice.
8.
During the year I have also seen the Home Secretary, the Secretary of
State for Northern Ireland, the Secretary of State for Defence and the First
Minister for Scotland. It is clear to me that each of them gives a substantial
amount of time and takes considerable care to satisfy himself or herself that the
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