target="_rr2" title="Report of the Intelligence Services Commissioner for 2010 - PDF - new window">Report of the Intelligence Services Commissioner for 2010
The Right Honourable Sir Peter Gibson, in his last Report before he is succeeded by Sir Mark Waller, who was appointed as Intelligence Services
Commissioner with effect from 1 January 2011, tries his usual "Jedi mind trick" by passing out his public report, so as not to reveal anything of significance at all about the Intelligence Services and their use or abuse of their huge RIPA surveillance powers.
These are aren't the droids you are looking for...
Move along, move along
We are slightly intrigued by
1. I was appointed the Intelligence Services Commissioner under section 59 of the Regulation of Investigatory Powers Act 2000 (RIPA) with effect from 1 April 2006. My appointment was initially for three years and was, from 1 April 2009, extended for a further period of three years to 31 March 2012. I stepped down as Commissioner on 31 December 2010 so that I could devote myself to the Detainee Inquiry which I have been asked to chair and a new Commissioner was appointed with effect from 1 January 2011.
and
25. Both I and my predecessor, Lord Brown, before me in our annual reports set out the functions of the Intelligence Services Commissioner. Despite that, it is apparent from the publicised criticisms of my appointment as chairman of the Detainee
Inquiry that misconceptions as to the functions of the Commissioner still remain.
This seems to confirm our Spy Blog comments on the post facto announcement that a new Commissioner had been appointed three weeks after
he had taken up office in secret.
Intelligence Services Commissioner, Rt. Hon. Sir Mark Waller appointed early, announced late
Part III of RIPA
33. As I have noted above, Part III of RIPA came into force on 1 October 2007. However, no notification of any directions to require disclosure in respect of protected electronic information has been given to me in 2010 and there has been no exercise or performance of powers and duties under Part III for me to review.
Identity Cards Act 2006 (ICA)
34. Following the repeal of the ICA, Identity Cards ceased to be valid legal documents on 22 January 2011 and the database has now been destroyed. I am not aware of any acquisition, storage and use made by the intelligence services pursuant to the ICA of information which had been recorded in the National Identity Register.
Prevention of Terrorism Act 2005
35. I was consulted by the Home Office about control orders in accordance with the Act on 7 January 2010 and, on 21 January 2010, I advised officials there that in the absence of viable alternative arrangements I did not object, in principle, to the extension of the control order regime for a further period of 12 months
Move along, move along
Guidance on Detention and Interviewing of Detainees by Intelligence Officers and Military Personnel
28. In his speech on 18 March 2009, the then Prime Minister made a statement to Parliament that he had asked the Intelligence Services Commissioner, and the Commissioner had agreed, to monitor compliance by intelligence officers and military personnel with the Consolidated Guidance on the standards to be followed during the detention and interviewing of detainees, and to report to the Prime Minister annually. The period of this extra-statutory oversight commenced on 6 July 2010 when the Consolidated Guidance to Intelligence Officers and Service Personnel (the Guidance) was published. Also published at that time was a Note of Additional Information from the Foreign Secretary, the Home Secretary and the Defence Secretary. I was not involved in the drafting of the Guidance or the Note.
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45. In conclusion, I am not aware of any failure by intelligence officers and military personnel to comply with the Guidance in the period between 6 July and 31 December 2010. It is properly recognised within the Security Service, SIS and the MOD that compliance with the Guidance is mandatory and that personnel must be trained accordingly.
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ERRORS
50. 28 errors in respect of RIPA authorisations and ISA warrants were made and reported to me in 2010. Six errors resulted from a delay within one Government Department in dealing with the replacement of one warrant relating to six individuals with six applications for warrants, one for each individual. It is not possible for me to say anything further about the 28 errors without revealing information of a sensitive nature, but I have referred to them in more detail in the Confidential Annex. However, I can report that the majority of the errors occurred in respect of surveillance and interference with property for which there was no valid authorisation or warrant in force for a comparatively short time. Every such breach is a matter for regret. I have been given a full description of, and explanation for, each error. All the errors can properly be categorised as minor. None of the cases involved bad faith or any deliberate departure from established practices. In all cases, following the discovery of the errors, internal procedures have been reviewed and, where possible, strengthened with a view to minimising the risk of a future recurrence.
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THE INVESTIGATORY POWERS TRIBUNAL
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53. The Tribunal received 164 new applications and completed 208 cases during the calendar year 2010. 40 cases were carried forward to 2011.
Assistance to the Tribunal
54. Section 57(3) of RIPA requires the Commissioner to give all such assistance to the
Tribunal as the Tribunal may require in relation to investigations and other specified matters. My assistance was not sought by the Tribunal during 2010.
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Determinations made by the Tribunal in favour of complainants
55. During 2010 the Tribunal made six determinations in favour of complainants.Since its inception the Tribunal has now upheld ten complaints. One of the upheld complaints was made by a husband and wife who lodged a joint complaint. The Investigatory Powers Tribunal Rules 2000 prohibit me on the grounds of confidentiality from disclosing specific details about the complaint made by the husband and wife, but it is sufficient to say that the conduct complained of was not authorised under the relevant provisions of RIPA nor was it a complaint against any of the agencies or persons over whom I exercise oversight.
56. Complaints were also successfully made by five members of the same family and were the subject of an open hearing in November 2009. The case was widely reported in the media. It involved directed surveillance carried out by Poole Borough Council of a family in connection with an application made by parents for a school place for their youngest child. The Tribunal found that the conduct complained of was not authorised in accordance with the relevant provisions of RIPA. The complainants made no application for remedies and none was awarded.
57. The fact that these cases were upheld has influenced changes in guidelines provided to Local Authorities on the use of directed surveillance and proposed legislation to change the procedures on the authorisation of this type of surveillance.
These two cases have got nothing whatsoever to do with the Intelligence Services, but since this Report always has so little actual content, so we are presumably supposed to grateful for these crumbs of information, at second hand, from the secretive Information Tribunal.
The alleged "oversight" mechanism of an Annual Report which never says anything at all in public, actually detracts from public confidence in the Intelligence Services