MR JUSTICE BURTON
Approved Judgment
iii)
Subject to s. 1(2) of the Intelligence Services Act 1994 (“ISA”), the functions
of MI6 are, by s. 1(1):
“(a) to obtain and provide information relating to the actions or intentions
of persons outside the British Islands; and
(b) to perform other tasks relating to the actions or intentions of such
persons.”
iv)
By s. 1(2) of ISA:
“The functions of [MI6] shall be exercisable only—
(a) in the interests of national security, with particular reference to the
defence and foreign policies of Her Majesty’s Government in the United
Kingdom; or
(b) in the interests of the economic well-being of the United Kingdom; or
(c) in support of the prevention or detection of serious crime.”
v)
The operations of MI6 are under the control of the Chief of the Intelligence
Service, who is appointed by the Secretary of State (s. 2(1) of ISA). By s.
2(2)(a), it is the duty of the Chief of the Intelligence Service to ensure:
“. . . that there are arrangements for securing that no information is
obtained by [MI6] except so far as necessary for the proper discharge of its
functions and that no information is disclosed by it except so far as
necessary—
(i) for that purpose;
(ii) in the interests of national security;
(iii) for the purpose of the prevention or detection of serious crime; or
(iv) for the purpose of any criminal proceedings. . .”
vi)
By s. 3(1)(a) of ISA, the functions of GCHQ include the following:
“. . . to monitor or interfere with electromagnetic, acoustic and other
emissions and any equipment producing such emissions and to obtain and
provide information derived from or related to such emissions or equipment
and from encrypted material . . .”
vii)
By s. 3(2) of ISA, these functions are only exercisable:
“(a) in the interests of national security, with particular reference to the
defence and foreign policies of Her Majesty’s Government in the United
Kingdom; or
(b) in the interests of the economic well-being of the United Kingdom in
relation to the actions or intentions of persons outside the British Islands;
or
(c) in support of the prevention or detection of serious crime.”
viii)
GCHQ’s operations are under the control of a Director, who is appointed by
the Secretary of State (s. 4(1)). By s. 4(2)(a), it is the duty of the Director to
ensure: