Surveillance Commissioners (Hansard, 10 November 1998)

§ The Prime Minister

I appointed Sir Andrew Leggatt as the Chief Surveillance Commissioner in July. In accordance with section 91 of the Police Act 1997, I have, in addition, appointed six Surveillance Commissioners for a period of three years. There will be three Commissioners for England and Wales, two for Scotland and one for Northern Ireland. However, the remit of each Commissioner will cover the whole of the United Kingdom so that any Commissioner will be able to act in jurisdictions other than his own.

The Commissioners, who must hold or have held high judicial office, are:

For England and Wales

Sir Christopher Staughton—retired as a Lord Justice of Appeal in December 1997.
Sir Michael Hutchison—a Lord Justice of Appeal who will be retiring in January 1999.
Sir Charles McCullough—retired in January 1998 as the senior judge of the Queen's Bench Division of the High Court.

For Scotland

Lord Davidson—retired in 1996 as a Senator of the College of Justice in Scotland.
Lord Bonomy—a Senator of the College of Justice in Scotland since 1997.

For Northern Ireland

Sir John MacDermott—retired in August 1998 as the senior Lord Justice of Appeal in Northern Ireland.

The Commissioners are the first to be appointed under the provisions of Part III of the Police Act 1997. Since the authorisation of intrusive surveillance operations forms a key component of the Government's response to serious and organised crime, I attach considerable importance to the early implementation of these provisions, and I am delighted that the Commissioners have accepted their appointments. In conjunction with Sir Andrew Leggatt, their substantial judicial experience, particularly of the criminal justice system, will provide independent oversight of surveillance operations, which although operationally important, must also be subject to stringent safeguards.

In the more sensitive categories of intrusive surveillance, application will be made to a Commissioner for prior approval of authorisations and renewals given by chief officers of police, the National Crime Squad, the National Criminal Intelligence Service and HM Customs and Excise. The Commissioners will also be responsible for scrutinising notifications and renewals of all other surveillance operations, together with cancellations, and for investigating complaints that authorisations have been improperly given.

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The Commissioners will have the power to quash or cancel authorisations where there are no reasonable grounds for believing that they meet the criteria set out in Part III of the Police Act 1997. They may also order the destruction of records (other than those required for pending criminal or civil proceedings) and the payment of compensation where a complaint is upheld. The decisions of the Commissioners will be subject to appeal to the Chief Commissioner, but are not liable to be questioned in court.