§ Mr. MackinlayTo ask the Secretary of State for the Home Department (1) on how many occasions since May 1997 a warrant has been issued under the provision of section 6(1) of the Intelligence Services Act 1994; and if he will make a statement; [146136]
(2) on how many occasions since May 1997 he has exercised his powers under section 7(1) of the Intelligence Services Act 1994; and if he will make a statement; [146132]
(3) how many warrants he has issued for interference with (a) property and (b) wireless telegraphy under section 5(1) of the Intelligence Services Act 1994 since May 1997; and if he will make a statement; [146144]
(4) on how many occasions he has exercised his power under section 6(3) of the Intelligence Services Act 1994; and if he will make a statement; [146134]
496W(5) on how many occasions he has received an application from the Security Service in accordance with provisions of section 5(4) of the Intelligence Services Act 1994; and if he will make a statement; [146137]
(6) on how many occasions he has cancelled a warrant in accordance with section 6(4) of the Intelligence Services Act 1994; [146133]
(7) how many warrants he has issued in accordance with section 5(3) of the Intelligence Services Act 1994 for the purpose of the taking of action in support of the prevention or detection of serious crime outside of the British Islands; and if he will make a statement. [146135]
§ Mr. StrawIt is not the Government's practice to publish information about warrants under the Intelligence Services Act 1994. The exercise of the Secretary of State's powers under the Act is overseen by the Commissioner appointed under the Act, who reports annually to the Prime Minister who has a duty under the legislation to lay the report before each House of Parliament. The last annual report, for 1999, was laid before the House in July 2000 (CM4779). The Commissioner explained, as in previous reports, that he had not disclosed the numbers of warrants issued and renewed in the course of the year because particulars of the actual numbers would assist the operation of those hostile to the state.
§ Mr. MackinlayTo ask the Secretary of State for the Home Department if he will list the members of the tribunal constituted under the provision of Schedule 2 of the Intelligence Services Act 1994. [146130]
§ Mr. StrawThe Regulation of Investigatory Powers Act 2000 consolidated the tribunals previously provided under Intelligence Services Act 1994, the Security Service Act 1989, and the Interception of Communications Act 1985 into a single tribunal. As regards its members, I refer my hon. Friend to the reply that I gave to my hon. Friend the Member for Bury, North (Mr. Chaytor) on 1 November 2000,Official Report, columns 517–18W.
§ Mr. MackinlayTo ask the Secretary of State for the Home Department (1) on how many occasions since May 1997 the tribunal under the provisions of section 6(1) of Schedule 1 of the Intelligence Services Act 1994 has determined that(a) the Intelligence Service and (b) GCHQ did not have reasonable grounds for their actions; and if he will make a statement; [146138]
(2) on how many occasions the Commissioner has considered a reference under paragraphs 2 and 4 of Schedule 1 to the Intelligence Services Act 1994; on how many occasions he has deemed that the Secretary of State has acted improperly in (a) issuing a warrant and (b) renewing a warrant; and if he will make a statement; [146146]
(3) how many complaints the tribunal provided under section 9(1) of the Intelligence Services Act 1994 has received since May 1997; and how many complaints it has determined; [146131]
(4) what remedies have been awarded since May 1997 under the provisions of section 8(1) of Schedule 1 to the Intelligence Services Act 1994; and if he will make a statement. [146139]
497W
§ Mr. StrawThe information sought is contained in the annual reports of the Commissioner appointed under the Intelligence Services Act 1994. The last annual report was the one for 1999 laid before the House in July 2000 (Cm 4777).
For convenience, a summary of the available figures since 1997 is as follows: the Tribunal has received and determined 20 complaints; on no occasion did the Tribunal, or Commissioner, uphold a compliant; therefore no remedies have been awarded; and of the 12 occasions that the Commissioner considered referrals under paragraphs 2 and 4 of Schedule 1 to the Act on no occasion did he find that I had acted improperly.
The Commissioner's report gives figures for calendar years, so the figures included for 1997 covers the whole year.