10. As already noted, the key development since our predecessor Committee reported in 1993 has been the establishment of the Intelligence and Security Committee under the 1994 Act. Section 10 of the Act specifies that the Intelligence and Security Committee's terms of reference are to examine the expenditure, administration and policy of the three Agencies, that it shall consist of nine (non-Ministerial) members of either House, and that it is to make an Annual Report (and other reports at its discretion) to the Prime Minister who shall lay the Report before Parliament (after he has excluded any material he judges to be 'prejudicial' to the work of the Agencies). More details of the operation of the ISC, such as the quorum and voting powers of the Chairman, are set out at Schedule 3 to the Act, which also sets out the procedures governing the Committee's access to information.

11. The ISC first met on 15 December 1994. It then comprised eight Members of the Commons and one Member of the House of Lords; although individual members have changed, it has retained this balance in its composition ever since, including on its re-appointment after the 1997 general election. The Rt Hon Tom King MP was appointed Chairman when the Committee was first established and was re-appointed to the post after the change of government.

12. Since it began operation, the ISC has made three Annual Reports to the Prime Minister[14] and three other reports (an interim report in April 1995 shortly after it began work,[15] a report on Security Service work against organised crime in 1995,[16] and a report on Sierra Leone in 1999).[17] The subjects covered (apart from those which were the subject of specific reports) have included the Agencies' internal security procedures, their priorities, expenditure issues, Irish terrorism, economic security, the Scott Report and the dissemination and use of intelligence, recruitment and personnel problems, and policies towards personal files, as well as matters relating to the working methods and powers of the ISC itself. The Committee meets roughly weekly while Parliament is sitting.

13. The ISC itself has recognised the need for greater powers if it is to be credible. In its 1997-98 Annual Report, the Committee stated that it "lacks the ability to investigate directly" some aspects of the Agencies' activities and concluded that this deficiency could be remedied "by extending the Committee's reach with an additional investigative capacity. Such a person would need access to the Agencies' staff and papers, when required to meet the Committee's particular inquiry". The existence of an Investigator would, the ISC felt, enable it to make more authoritative statements on certain issues and "be an important element in establishing confidence in the oversight system".[18] We understand that the post is to be filled by someone with a past career background in intelligence matters, and would not necessarily be full time.

14. We discuss below the question of how far the ISC fulfils the requirements of parliamentary scrutiny and its effectiveness. But we wish to record our view that the establishment of the statutory Intelligence and Security Committee has been a significant step forward over previous arrangements in providing democratic accountability; the establishment of the post of 'Investigator' should make it more effective. In the absence of any such committee, democratic accountability had in essence been limited to the persons of the Home Secretary and the Prime Minister alone which, given the other calls on their time, can only have meant very little control indeed; the new arrangements are light years away from what went before.

15  Cm. 2873. Back

16  Cm. 3065. Back

17  Cm. 4309. Back

18  Cm. 4073, para 5. Back