Intelligence and Security Services
Debate between Malcolm Rifkind and James Brokenshire(11 years ago)
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James Brokenshire
To be fair to the hon. Gentleman, he took part in the consideration of the Justice and Security Act 2013, although he did not make then a number of the points that he has made this afternoon. However, we need to be very careful to ensure that scrutiny does not seek to cut across into direct, ongoing operational activity. I am quite sure that, given the robustness of the new powers that the ISC itself will hold, that consideration is very much in the forefront of the minds of the Committee members.
Sir Malcolm Rifkind
In response to the perfectly reasonable issue raised by the hon. Member for Cambridge (Dr Huppert), I must say that this point was seized on by the ISC itself. We have completed discussions with the Government, the results of which will appear in a memorandum of understanding that will be published and include details of how these matters will be dealt with. That will ensure that that consideration cannot be used as an improper way of preventing the ISC from obtaining access to operations that—by any normal, common-sense approach—could be considered as completed.
James Brokenshire
It is also important to highlight that, at a political level, the intelligence agencies are ultimately accountable to the Prime Minister, but on a day-to-day basis it is Secretaries of State—primarily my right hon. Friends the Home Secretary and Foreign Secretary—who are responsible for balancing the need to protect national security and the need to fulfil their duty to protect the British public against the potential intrusion on individuals’ rights to privacy that could be caused by intelligence activity. I know from working alongside my right hon. Friend the Home Secretary how much attention she gives to that role.
The interception of communications commissioner also has such oversight in relation to that intelligence activity, and in taking decisions about whether to authorise the use of intrusive powers—for example, to intercept communications—he must be satisfied that such measures are legal, necessary, proportionate and carefully targeted.