ISC report: surveillance legal framework lacks transparency

The 149-page document was prepared after an in-depth inquiry into UK security agencies, which investigated “the degree to which they intrude on privacy and the extent to which existing legislating adequately defines and constrains these capabilities”.

The report states in its key findings: “We are satisfied that the UK’s intelligence and security Agencies do not seek to circumvent the law - including the requirements of the Human Rights Act 1998, which governs everything that the Agencies do.

“However, that legal framework has developed piecemeal, and is unnecessarily complicated. We have serious concerns about the resulting lack of transparency, which is not in the public interest.

“Our key recommendation therefore is that the current legal framework be replaced by a new Act of Parliament governing the intelligence and security Agencies. This must clearly set out the intrusive powers available to the Agencies, the purposes for which they may use them, and the authorisation required before they may do so.”

Commenting on the report, James Wolffe, QC, dean of the Faculty of Advocates (pictured), said: “I welcome the recognition by the Intelligence and Security Committee that statutory protection is required for certain professions. Lawyer-client confidentiality must be robustly protected.

“As (former European Judge) Sir David Edward wrote in 1975: ‘The rights duties and privileges given to lawyers are … an essential element in the protection of individual liberty in a free society.’ Last month, the UK Government acknowledged that the regime under which the intelligence agencies have been monitoring conversations between lawyers and their clients for the past five years is unlawful.

“The Government is consulting on a revised Code of Practice; and I agree with the Committee that the opportunity should be taken to strengthen the safeguards in place for privileged information further.”