§ Norman BakerTo ask the Prime Minister (1) if he will make a statement on the circumstances in which the Intelligence Services Commissioner could uphold a complaint to the Investigatory Powers Tribunal; [18538]
(2) what mechanism exists to ensure that the operation of the Regulation of Investigatory Powers Act 2000 is (a) achieving its desired ends and (b) being used in a manner consistent with the safeguards contained in the Act. [18525]
§ The Prime Minister[holding answer 27 November 2001]: The Regulation of Investigatory Powers Act 2000 ensures that there is independent judicial oversight of the powers in the Act. The Act requires the Interception of Communications and Intelligence Services Commissioners to report annually to the Prime Minister on any matters relating to the carrying out of their functions. These reports, excluding, after consultation with the Commissioners, confidential material, are laid before Parliament. Similarly, the Police Act 1997 requires the Chief Surveillance Commissioner to make an annual report to the Prime Minister which is laid before Parliament.
The Act also requires the Secretary of State to issue codes of practice relating to the performance of the powers and duties under this Act and to which users of the powers must have regard.
The Investigatory Powers Tribunal investigates complaints in relation to any proceedings incompatible with rights conferred by the ECHR and which concern the use of investigatory powers under the Act. It also considers any complaint by a person who believes that he has been subject to any use of these investigatory powers. The tribunal would determine whether the complainant was subject to such powers and, if so, whether their use was in contravention of the provisions in the Act. The Intelligence Services Commissioner's role in this respect is to provide assistance but only as required by the tribunal.