Intelligence and Security Services

Debate between James Brokenshire and Lord Watson of Wyre Forest

Thursday 31st October 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I congratulate the hon. Member for Cambridge (Dr Huppert) on securing this debate and on the passionate and eloquent way in which he has advanced his argument. I also pay tribute to his supporters, the hon. Member for West Bromwich East (Mr Watson) and my hon. Friend the Member for Esher and Walton (Mr Raab).

Although there have been notes of discord and disagreement this afternoon, I am sure we all agree on how essential is the work that our intelligence agencies do for us day in, day out to keep this country safe by confronting the diverse terrorist threat that this country continues to face. Generally, they are unable to make those points directly themselves, and I recognise the contributions that many right hon. and hon. Members have made in underlining the importance of our intelligence agencies’ work. It is vital that we do so.

It is also important to underline very clearly the role of scrutiny and the powerful impact that it can have. In many ways, that was brought home in a very real sense by my hon. Friend the Member for Bournemouth East (Mr Ellwood), who highlighted the work of the ISC following the Bali bombing. In doing so, he also highlighted the value and importance that scrutiny can directly offer.

However, we should also be clear about the importance of intelligence gathering to our agencies’ ability to maintain an edge in tackling terrorism and stopping criminals. While maintaining that edge is vital to our ability to ensure national security, I absolutely agree that that does not mean that the activities of the intelligence agencies can or should go unchecked. It is absolutely right that intelligence work is carried out in accordance with a strict legal and policy framework that ensures that activities are authorised, necessary and proportionate. I hope to explain why we believe that is absolutely the case.

The work of the security and intelligence agencies is carried out in accordance with a strict legal and policy framework, which ensures that their activities are authorised, necessary and proportionate, and that there is rigorous oversight, including from Secretaries of State, from the interception of communications commissioner and the intelligence services commissioner, as well as from the ISC itself. The hon. Member for Kingston upon Hull North (Diana Johnson) rightly highlighted the work of the relevant commissioners in that regard, which I will return to later in my contribution.

Oversight is absolutely essential, but much of it must necessarily take place behind closed doors to ensure that secret intelligence remains secret. That has to be a key theme in the work undertaken, because although I recognise the desire for transparency—I have heard the points about that very clearly—at the same time there has to be a role for secrets in order for our agencies to conduct the work that they do. That information should not be kept unnecessarily out of the public domain, but secrecy is essential to safeguard sensitive methods and sources, and to protect the lives of those who agree to work for us on the basis of confidentiality and anonymity.

[Mr Watson]

I hope that the Minister does not think that this is a semantic point, but there is a difference between transparency and scrutiny, and this debate is about scrutiny. We are talking about new technological abilities to process huge amounts of data that may not have been empowered by very old legislation, or at least are tenuously empowered by old legislation. What I hope he can explain today is why Tempora, which is a whole new raft of intelligence gathering, was not given scrutiny in Parliament, as RIPA and other pieces of legislation were?

[James Brokenshire]

I say to the hon. Gentleman that publicly discussing sensitive techniques and sensitive tactics of our intelligence agencies is simply not appropriate in terms of safeguarding their work. However, I can also say to him very clearly that arrangements are in place to ensure that GCHQ neither obtains nor discloses any material except so far as necessary in pursuit of its statutory functions, as defined in the Intelligence Services Act 1994, which he will be very well aware of.

As far as interception activity by GCHQ is concerned, GCHQ operates at all times in accordance with RIPA. That is not just a statement; GCHQ’s activity is overseen by the commissioners, who analyse its work in detail. They also analyse some of the codes of practice that the agencies have in place to ensure their adherence to RIPA.

Such levels of assurance are in place within our oversight regime, which I believe is very effective because our intelligence agencies’ activity is overseen by a greater variety of bodies than many other areas of Government business. At the parliamentary level, the ISC examines the policy, administration, past operations and expenditure of the intelligence agencies and parts of the wider Government intelligence community. Indeed, the ISC’s position has been strengthened by the Justice and Security Act 2013, which has only been passed into law through this House very recently.

Oral Answers to Questions

Debate between James Brokenshire and Lord Watson of Wyre Forest

Monday 7th November 2011 Commons Chamber

[James Brokenshire]

My hon. Friend has rightly highlighted the issue of criminal finances. We are determined that criminal proceeds will be taken away from those who commit these appalling offences. In total, using powers such as asset denial and by targeting money launderers, the agencies involved denied criminals more than £1 billion last year. However, we want to take further action, which is why we are setting up the National Crime Agency, and we also want to make asset-recovery quicker, more robust and more effective in order to address the point that he rightly highlighted.

[Mr Tom Watson (West Bromwich East) (Lab)]

T9. I know that the Home Secretary is reluctant to answer any questions on the UK Border Agency in advance of her statement, but does she accept that 18 months into this Government, the decisions taken on Britain’s borders are hers and hers alone, and that she should make no attempt to blame the previous Government for the mess that we see now?