HC Deb 17 February 1997 vol 290 cc355-6W
Mr. Alton

To ask the Secretary of State for the Home Department what cases of surreptitious recording of telephone conversations and other complaints of surveillance falling outside the scope of the Interception of Communications Act 1985(a) have been brought against the Government and (b) have been drawn to the attention of Ministers; and what steps (i) have been and (ii) are proposed to be taken by the Government in consequence, with special reference to the implementation of compliance measures. [15440]

Mr. Howard

The Interception of Communications Act 1985 is concerned only with the interception of communications in the course of transmission by post or by means of a public telecommunications system, and not with other forms of surveillance. I am aware of three cases regarding alleged interception of telephone calls outside the scope of the Act since it came into force. One of these is currently before the European Court of Human Rights and the other two were decided in 1994: one by the Court of Appeal and the other by the House of Lords. Two cases involving police surveillance operations have been drawn to my attention. One is currently before the European Commission on Human Rights and the other was decided by the House of Lords in July 1996. The Police Bill, which is currently before the House, places police operations involving interference with property on a statutory basis.

Mr. Alton

To ask the Secretary of State for the Home Department what safeguards exist to protect the privacy of people against interference with private telephone conversations; and what inadequacies in the present law have been identified in research he has(a) commissioned and (b) evaluated. [15432]

Mr. Howard

Under the Interception of Communications Act 1985, it is a criminal offence intentionally to intercept a communication in the course of its transmission by means of a public telecommunications system except in obedience to a warrant issued by the Secretary of State or in certain other circumstances described in section 1 of the Act. Section 6 of the Act requires arrangements to be made to ensure that disclosure of material intercepted under warrant is kept to the minimum that is necessary. The legislation is kept under review.

Mr. Gordon Prentice

To ask the Secretary of State for the Home Department if his consent is required before the police intercept calls on mobile phones. [16248]

Mr. Howard

The Interception of Communications Act 1985 provides that communications may lawfully be intercepted in the course of their transmission by means of a public telecommunications system only in obedience to a warrant issued by the Secretary of State or in certain other circumstances specified in section 1(2) and (3) of the Act. This applies equally to mobile and fixed telephone systems.