First Minister to control police spying of MSPs as Wilson Doctrine made law

The First Minister will have the power to approve police requests to spy on MSPs under new legislation the Prime Minister, David Cameron, has confirmed.

The Investigatory Powers Bill had prompted concerns members of devolved legislatures as well as MEPs would not enjoy the same safeguarded afforded MPs under the Wilson Doctrine – the presumption against routine spying on parliamentarians.

However, the doctrine will now be made law.

David Cameron

David Cameron stated in a letter to theScottish Parliament’s presiding officer, Tricia Marwick, that the current rules would continue to apply.

Mr Cameron wrote: “The safeguards for all parliamentarians will be the same, with one exception: the Prime Minister will play no role should there ever be any proposal to conduct any such activity by Police Scotland, where these warrants are authorised by the Scottish Government.”

Ms Marwick and the Scottish government welcomed the comments.

A spokesman said: “We welcome the Prime Minister’s confirmation that the so-called Wilson Doctrine will apply equally to MSPs and MPs.

“As part of our scrutiny of the Investigatory Power Bill, we will give careful consideration as to how similar provisions should be put in place for any warrants issued by Scottish ministers for the purpose of preventing or detecting serious crime.”

Currently, Police Scotland can access emails and phone records of individuals on the approval of senior officers.

The Justice Secretary must approve interception warrants, which give officers the power to tap phone calls.

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