HC Deb 17 November 1997 vol 301 cc37-40W
Mr. Baker

To ask the Secretary of State for the Home Department what procedures are required to be complied with before(a) the police and (b) MI5 can gain access to information generated within the System X telephone system in respect of call origin and destination related information. [15710]

Mr. Straw

Section 45 of the Telecommunications Act 1984, as amended by the Interception of Communications Act 1985, provides that public telecommunications operators commit an offence if they disclose any information concerning the use made of their telecommunications services by any other person except where disclosures are made for the prevention or detection of crime, for the purposes of any criminal proceedings, in the interests of national security or in pursuance of the order of a court. It is for the individual operator to satisfy himself that one or more of those exceptions apply before releasing any such information at the request of the police or the Security Service.

Mr. Baker

To ask the Secretary of State for the Home Department if he will make unauthorised surveillance by electronic devices a criminal offence. [156951

Mr. Michael

To introduce a general offence outlawing unauthorised surveillance by an electronic device would raise particular technical and definitional problems. Remedies are already available to take action against those who carry out surveillance which transgresses the current criminal law, for example if they commit theft or criminal damage, behave in a threatening or violent way or where there is harassment. Furthermore, the act of simple trespass is a civil tort.

There are also offences under the Interception of Communications Act 1985 and the Wireless Telegraphy Act 1967 to regulate the use of certain techniques and methods. On the other hand, there are legitimate uses of electronic surveillance by other than law enforcement agencies which are of benefit to society and the safety of the public. The use of closed circuit television in shopping centres, car parks, on housing estates and inside offices, banks, shops and public buildings is generally welcomed by the public and accepted as necessary for crime prevention.

The media would argue that cameras and other equipment are an essential component of investigative journalism and that any prohibition on their use would be a form of censorship. To regulate the use of all such equipment would create a massive administrative burden. Existing offences under the criminal and civil law already provide a degree of cover and redress for infringements of privacy by the use of electronic surveillance. Incorporation of the European Convention on Human Rights will also impact upon this issue.

Mr. Baker

To ask the Secretary of State for the Home Department on how many occasions since 1967 and for how long(a) Category 3 and (b) Category 2 phone numbers have been disconnected; at what locations; and for what reasons. [15778]

Mr. George Howarth

Category 3 disconnections have been made when the public telephone network has been severely damaged (storms, 1987 and 1990), heavily overloaded (Hungerford, 1987), or malfunctioning telephone exchanges (Welford on Avon, Chadford, 1993). The action was taken by the telecommunications operator to ensure that essential users could use the network while restoration of service was being carried out.

Central Government have never invoked the authority to disconnect Category 2 phone numbers.

Mr. Baker

To ask the Secretary of State for the Home Department under what circumstances MI5 undertakes telephone tapping without first having obtained a warrant. [15718]

Mr. Straw

Under no circumstances are communications intercepted in the course of their transmission by means of a public telecommunications system by, or at the request of, the Security Service without the authority of a warrant.

Mr. Baker

To ask the Secretary of State for the Home Department what sum was paid out of public funds to British Telecom for each year since 1986 in respect of work carried out in telephone tapping services. [15726]

Mr. Straw

Interception of Communications is an important weapon in the fight against serious crime and threats to public safety. It has been the policy of successive governments not to disclose information which might assist criminals, terrorists and hostile foreign powers by revealing the extent of our capabilities in relation to interception.

Mr. Baker

To ask the Secretary of State for the Home Department how many of the warrants authorising telephone taps for each year since 1986 were still in force on 1 November. [15716]

Mr. Straw

The available information is published in the annual reports of the Commissioner appointed under the Interception of Communications Act 1985 which lists the number of warrants issued by the Home Secretary and the Secretary of State for Scotland in the course of each year, and the numbers of warrants in force at the end of each year. The information requested is not held centrally and could be provided only at disproportionate cost.

Mr. Baker

To ask the Secretary of State for the Home Department (1) if he will make a statement on the discussions and decisions regarding surveillance of telecommunications undertaken within the EU since 23 November 1996;[15682]

(2) what action has been taken since 23 November 1996 in respect of the provision of access for law enforcement agencies to (a) satellite-based communications and (b) other communications; and if he will make a statement. [15683]

Mr. Straw

On 23 November 1995, a Memorandum of Understanding concerning international user requirements for the lawful use of interception by law enforcement agencies was signed by all members of the European Union and Norway. A copy of the Memorandum was placed in the Library on 3 March 1997.

Separately from this, the United Kingdom is working with European Union member states on a draft Convention on Mutual Assistance in Criminal Matters between the member states of the European Union. This includes draft articles relating to the interception of satellite and terrestrial communications. The Convention is primarily designed to improve existing arrangements for co-operation between judicial authorities in European Union member states under the 1959 Council of Europe Convention on mutual legal assistance. On 28 October, the Government placed before the scrutiny committees of both Houses, and in the Library, copies of the latest draft of the Convention.