Intelligence and Security Services

Debate between James Brokenshire and Michael Meacher

Thursday 31st October 2013 Westminster Hall

[James Brokenshire]

It is also important to highlight that, at a political level, the intelligence agencies are ultimately accountable to the Prime Minister, but on a day-to-day basis it is Secretaries of State—primarily my right hon. Friends the Home Secretary and Foreign Secretary—who are responsible for balancing the need to protect national security and the need to fulfil their duty to protect the British public against the potential intrusion on individuals’ rights to privacy that could be caused by intelligence activity. I know from working alongside my right hon. Friend the Home Secretary how much attention she gives to that role.

The interception of communications commissioner also has such oversight in relation to that intelligence activity, and in taking decisions about whether to authorise the use of intrusive powers—for example, to intercept communications—he must be satisfied that such measures are legal, necessary, proportionate and carefully targeted.

[Mr Meacher]

On the question of legality, is it not the case that the Home Secretary was extremely keen to get the Communications Bill through the House of Commons in order to legalise activities that GCHQ had been carrying out for years, notably—as we now believe—the Tempora programme?

[James Brokenshire]

I say clearly to the right hon. Gentleman, as the Foreign Secretary said when he responded originally on this issue, that GCHQ and our intelligence agencies act within the law, a point rightly made earlier by the hon. Member for Cheltenham (Martin Horwood).

The points about the proposals on communications data are about the changing nature of what we see, which includes ensuring that our law enforcement agencies are able to continue to do the job that they do today in bringing criminals to justice and using communications data as evidence in court. That is very different from the intelligence agencies’ roles and from GCHQ’s mission, which is external—looking outside rather than within the UK.

It is also important to note the point made by my hon. Friend the Member for South Swindon (Mr Buckland) about the role of the independent reviewer of terrorism legislation, David Anderson, who has done some very important work and continues to do so.

It is this multi-faceted oversight that complements rigorous internal controls within the agencies themselves. The agencies’ recruitment and training procedures are all designed to ensure that those operating within the ring of secrecy can be trusted to do so lawfully and ethically. A culture of compliance with both the letter and the spirit of the law pervades everything that they do.

In the short time I have left, I should quickly address some of the points that have been raised. I can obviously assure hon. Members, for example, about the resourcing of the ISC. It has raised around a 30% uplift in its resources, and when it has a full staffing complement it will have more staffing than virtually any Select Committee. It is right to highlight the important work undertaken through the ISC and the changes that have been made to it by the Justice and Security Act 2013, which have been commented on by right hon. and hon. Members. An ongoing investigation is taking place into the events in Woolwich in May, work that the ISC is conducting very carefully and with great diligence.

This has been an important debate, highlighting the strength of the scrutiny that we have and the different layers of scrutiny that operate in this country. I believe that we have every reason to be proud of those oversight arrangements and of the work of our agencies.

Question put and agreed to.