Monday 14 July 1997, House of Commons:

Questions on Menwith Hill and Interception of Communications
22  Interception of Communications
58  Interception of Communications


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Monday 14 July 1997, House of Commons

Column: 22

Interception of Communications

Mr. Baker: To ask the Secretary of State for Foreign and Commonwealth Affairs
(1) how many United Kingdom personnel are based inside the National Security
Agency headquarters in Washington; and what is their function; [7617] 

(2) how many National Security Agency employees are based inside GCHQ at
Cheltenham; what is their function; and      what controls exist to ensure
that the British national interest is protected. [7618] 

Column: 23

Mr. Robin Cook: It is a long-standing practice not to disclose details of
specific staff deployments by the intelligence and security agencies.
However, there are a number of UK personnel at National Security Agency (NSA)
headquarters and a number of NSA personnel at GCHQ in a variety of posts. 

Mr. Baker: To ask the Secretary of State for Foreign and Commonwealth Affairs
what bilateral agreements exist between GCHQ and the National Security Agency
allowing American personnel to tap the communications of United Kingdom
nationals. [7622]

Mr. Cook: United Kingdom law applies to US operations in the UK and prohibits
the unauthorised interception of communications carried on UK public
telecommunications systems. National Security Agency personnel comply with
that law. 

Mr. Baker: To ask the Secretary of State for Foreign and Commonwealth Affairs
how many complaints have been received since 1990 from EU Governments
concerning the interception of diplomatic and commercial communications by US
personnel based in the UK. [7630]

Mr. Cook: We are not aware of any such complaints.  **************** 
Column: 58

Interception of Communications

Mr. Baker: To ask the Secretary of State for Defence what steps he takes to
ensure that the terms of the Geneva International Telecommunications
conventions are complied with by (a) UK nationals involved in military
activities and (b) US nationals based in the UK involved in military
activities. [7625] 

Column: 59

Dr. Reid: Article 48 of the International Telecommunication Union Convention
allows members complete freedom with regard to military radio installations,
except that these should as far as possible observe statutory provisions
relative to giving assistance in case of distress and to measures to prevent
harmful interference, and regulations concerning the types of emission and
the frequencies to be used. 

Every military radio user requires authorisation from the Ministry of
Defence, which is responsible for ensuring that all military use of the radio
spectrum in the United Kingdom complies with the Convention and for
allocating frequencies to users. 

Visiting forces' radio systems are authorised for use by the Ministry of
Defence on the basis of a technical assessment. If the deployment of radio
equipment is approved in principle the procedure for assigning frequencies
should prevent operation of the equipment from causing harmful interference
to existing equipment. 

If interference is reported in spite of the procedures the complaint will be
investigated. 

Mr. Baker: To ask the Secretary of State for Defence on what date the
security of tenure agreement between the UK and US Governments which allows
the use of RAF Menwith Hill by US personnel comes to an end. [7629]

Dr. Reid: There is no security of tenure agreement in place at RAF Menwith
Hill. The assurances that were given to the US authorities in 1955 and again
in 1976 that the site would be made available to the US Forces by Her
Majesty's Government for a period of 21 years, and which are known as the
security of tenure arrangements, were given to facilitate the commitment of
US funding to the station. They were an administrative mechanism, and did not
constitute any form of renewable lease for the site. 

Mr. Baker: To ask the Secretary of State for Defence what safeguards are in
place to prevent American personnel based in the United Kingdom under the
Visiting Forces Act 1952 committing offences under the Interception of
Communications Act 1985; and what mechanisms are in place to detect any such
offences.[7619]

Dr. Reid: Under the terms of the agreements that we have with the US
authorities, the US visiting forces are subject to the laws of the UK in the
same way as their British counterparts and this includes respecting the
provisions of the Interception of Communications Act. We are content that the
US authorities adhere scrupulously to these agreements. 

Mr. Baker: To ask the Secretary of State for Defence what provisions exist
for (a) the UK Government and (b) UK nationals to secure compensation for
damage or losses caused by US personnel based in the UK who are on
duty.[7631]

Dr. Reid: Provisions contained in the NATO Status of Forces Agreement deal
with compensation issues. The agreement establishes a mutual waiver under
which contracting parties will not claim from each other if the damaged
property was owned and used by its Armed Forces. If the property is owned by
a UK National, the Ministry of Defence will investigate a claim and pay any
compensation due, in accordance with United Kingdom law. The United States
will reimburse the United 

Column: 60

Kingdom 75 per cent. of the sum paid. This arrangement is of course
reciprocal. Alternatively, a third party can issue proceedings against the US
State Department through the Foreign and Commonwealth Office. 

Mr. Baker: To ask the Secretary of State for Defence what discussions have
taken place between the UK and US Governments regarding RAF Menwith Hill
since 1 May; and if he will make a statement. [7627]

Dr. Reid: Discussions between UK and US officials take place on a regular
basis in order to ensure that arrangements at the stations work smoothly. 

Mr. Baker: To ask the Secretary of State for Defence what statutory
provisions govern the powers of United States service men at Royal Air Force
Menwith to intercept communications. [7494]

Dr. Reid: US visiting forces in the UK are subject to all applicable UK laws.


Mr. Baker: To ask the Secretary of State for Defence what steps he has taken
to ensure that American personnel based at Menwith Hill do not monitor United
Kingdom diplomatic and economic communications. [7623]

Dr. Reid: Senior UK personnel are integrated into every level at RAF Menwith
Hill and we are thus in a position to be entirely confident that British
staff are aware of all facets of operations and that no activity considered
inimical to British interests is carried out there. 

Mr. Baker: To ask the Secretary of State for Defence what factors underlay
the decision to redesignate Menwith Hill Station as RAF Menwith Hill. [7621]

Dr. Reid: RAF Menwith Hill is a Crown freehold site belonging to the Ministry
of Defence. The designation RAF Menwith Hill came into effect on 19 February
1996. This was simply an administrative change to bring the base into line
with other RAF sites made available by the Ministry of Defence to the United
States Government. 

Visiting Forces

Mr. Baker: To ask the Secretary of State for Defence how many claims and what
sum in total has been paid (a) to the United Kingdom Government and by whom
and (b) by the United Kingdom Government and to whom for damage to property
under the Agreement regarding the Status of Forces of Parties to the North
Atlantic treaty since 1967. 

Dr. Reid: The NATO Status of Forces Agreement establishes a mutual waiver
under which Contracting Parties will not claim from each other if the damaged
property was owned and used by its Armed Forces. If, however, such damage
results from reckless acts or reckless omissions, wilful misconduct or gross
negligence of a contracting party, the costs of any liability will be borne
by that party alone. 

The cost of claims for damage from third parties are shared between the
relevant contracting parties on a ration of 75 per cent. : 25 per cent. The
UK Government prepare a statement twice a year requesting reimbursement of 75
per cent. of the sums paid in the course of that period in respect of claims
from third parties as a result of damage caused by the relevant contracting
party. 

Column: 61

Information on property damage claims is not, however, held centrally and
could be provided only at disproportionate cost. 

Mr. Baker: To ask the Secretary of State for Defence if US personnel based in
the UK who are deemed to be on duty are permitted to carry arms anywhere
within the UK. [7632]

Dr. Reid: Members of the US forces may carry firearms on condition that they
are authorised to do so by their orders. 

Mr. Baker: To ask the Secretary of State for Defence which RAF bases housing
US personnel are (a) regarded and (b) not regarded as part of the NATO
network. [7626]

Dr. Reid: All US visiting Forces based in the United Kingdom are available to
undertake tasks in support of NATO. 

Mr. Baker: To ask the Secretary of State for Defence (1) if he will review
the Visiting Forces Act 1952 in respect of the limits it imposes on the
absolute legal jurisdiction of the United Kingdom Government within the
United Kingdom; [7624] (2) what plans he has to review the Visiting Forces
Act 1952; and if he will make a statement. [7628]

Dr. Reid: I am satisfied that the provisions of the Visiting Forces Act 1952
remain appropriate in order to comply with our continuing international
treaty obligations. 

RAF Menwith Hill

Mr. Baker: To ask the Secretary of State for Defence how many RAF personnel
are based at RAF Menwith Hill; and what are their functions and powers.
[7620]

Dr. Reid: There is a small number of RAF personnel at RAF Menwith Hill. I am
withholding the further information requested under exemption 1 of the Code
of Practice on Access to Government Information.