This inquiry
7. Since the issue is one of principle and the arguments
are well rehearsed this has not been a lengthy inquiry. We have
taken written and oral evidence from Mr David Bickford CB, former
legal adviser to the intelligence and security services. Additionally,
we raised a number of issues with the Home Secretary both formally
and informally.[10]
We have also had informal meetings with the Director-General of
the Security Service (Dr Stephen Lander),[11]
and with the Chairman of the Intelligence and Security Committee
(Rt Hon Tom King MP).[12]
We are very grateful for their help. In passing, we note that
the point was made to us on more than one occasion that in the
past resistance to greater openness came not from the security
and intelligence agencies themselves, but from Whitehall and Government.
8. In addition to his comments on the effectiveness
and structures of the arrangements for accountability, Mr Bickford
made a number of points of wider interest about the agencies and
the work in which they are engaged. These included observations
on the way in which their activities and methods would have to
change to reflect the enormous development of electronic information,
and the growing importance of serious international and organised
crime as a priority. Of particular interest to this Committee
are his observations on the degree to which intelligence operations
need to be conducted in such a way as to maximise the extent to
which the product of their work can be used in court in criminal
proceedings. These issues do not however fall to be considered
as part of this Report, though they would be possible topics for
study by any oversight committee.
9. It must be noted that it is as the select committee
responsible for monitoring the Home Office that we have been interested
in the work of the Security Service. We have no locus to investigate
the work of the Secret Intelligence Service and GCHQ, which come
within the field of responsibility of the Foreign and Commonwealth
Office, and thus the Foreign Affairs Committee. However, we cannot
examine the relative merits of oversight of the Security Service
by a select committee and by the statutory Intelligence and Security
Committee without looking at the work of the ISC as a whole which,
as already noted, covers the SIS and GCHQ also. Our analysis and
conclusions would therefore have implications for the Foreign
Affairs Committee, but it must obviously be free to speak for
itself.[13]
10 See QQ1-28 (Evidence pp1-4) and QQ148-161 (Evidence
pp20-22) for formal evidence; in addition, a cross-party delegation
from the Committee comprising Mr Chris Mullin, Mr Humfrey Malins
CBE, and Mr Bob Russell, saw Mr Straw at the Home Office on 29
July 1998. See also exchanges of correspondence reproduced at
Appendix 1 to this Report. Back
11 14
January 1999 (this meeting took place at the Security Service
headquarters at Millbank, London SW1). Back
12 29
April 1999. Back
13 In
its Second Report of Session 1998-99 (HC 116), on Sierra Leone,
the Foreign Affairs Committee drew attention to the unfavourable
response it had received from the Government to its requests for
access to the Secret Intelligence Service to discuss the Service's
role, if any, in the recent events in that country (see paras
102-109 of the Report). Back
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