Clause 26 - Jurisdiction of Intelligence Services
Identity Cards Bill
2:35 pm

Mr Richard Allan (Shadow Spokesperson for the Cabinet Office, Cabinet Office; Sheffield, Hallam, Liberal Democrat)

Clause 26 expands the role of the commissioner who was set up in the Regulation of Investigatory Powers Act 2000   to oversee and deal with problems that individual citizens have when they believe that the data collected under that Act has been misused. We seek to ensure in the clause that any complaints about the intelligence or secret services can be dealt with by the tribunal. In clause 24, which we did not debate, we explicitly excluded those services from consideration by the commissioner that was set up in this Bill. It would be helpful to understand a little more about how this measure would work.

An individual citizen might believe that information that has come into the public domain must have come from law enforcement agencies and from their entry on the register or that they are being harassed by law enforcement agencies because of something in the register. Those are the kinds of circumstances in which the citizen might think that there is a problem.

The citizen will not know whether he is dealing with the law enforcement agencies that will be covered by the commissioner that is set up under this Bill—the national identity scheme commissioner—or with the secret service intelligence agencies that will be responsible to the intelligence services commissioner under clause 26. It is important that we get clarity about how the provisions will work in practice, so that the individual understands the situation when he comes forward with a complaint. Perhaps he will go to the national identity scheme commissioner and then be told, ''Oh no, this must go to the intelligence services commissioner.'' I am not sure how the provisions will work in practice.

Perhaps the other area of inconsistency—of interest—that needs to be examined is the tribunal system for complaints. We need to understand how it will operate from the citizen's perspective if he has a complaint. As I understand it, clause 26 says that the complaint will be dealt with through the normal tribunal process that has been established in respect of the regulation of investigatory powers. That is concerned with bugging and the collection of personal data that an individual might put across communications networks.

Again, we need to understand to what extent there will be a difference in treatment and the way in which their complaint will be resolved if the leakage of their national identity register data about which they complained happened at the hands of the intelligence and security services, not the police. If the intelligence and security services had created the alleged leak, a tribunal would deal with the discrepancy under clause 26. However, if it were alleged that the police had created the leak, there would be an entirely different procedure. Given the potential for citizens to become confused, I want to know how the two regimes will work. Will they operate in step or differ significantly from each other?

Mr Des Browne (Minister of State (Citizenship, Immigration and Counter-Terrorism), Home Office; Kilmarnock and Loudoun, Labour)

The hon. Member for Sheffield, Hallam (Mr. Allan) is right in his understanding of the clause. The nature of the work of the intelligence service is fundamentally different from that in other Departments or the police and it requires special handling. The infrastructure for that special handling exists already with the intelligence service   commissioner and it is entirely appropriate that individuals should have access to the infrastructure if they are of the state of mind to which the hon. Gentleman referred.

Alternatively, if individuals have a complaint, but are unsure where to place it, a complaint made to either commissioner will be passed to the other if it seems appropriate that the other commissioner should be the rightful recipient. It is understood that it might not be possible for the individual to know where to lodge the complaint. The usual oversight provisions will allow the intelligence service commissioner to be proactive in his investigations and supervision as set out under section 65 of the Regulation of Investigatory Powers Act 2000, which deals with the powers of the investigatory powers tribunal. The intelligence service commissioner reports annually to the Prime Minister and that report is set out similarly to the report for the commissioner under the Bill and presented to Parliament by the Prime Minister.

I am not so sure about the second part of the hon. Gentleman's question. It is just so obscure. The provisions under the 2000 Act envisage communication from the intelligence services commissioner to a complainant or an individual and that communication should appropriately make the individual aware of the processes for further appeal or review by the tribunal. There will be no communication difficulties with individuals who are engaged in such a process and I do not understand the concern about the way in which that provision will operate.

Question put and agreed to.

Clause 26 ordered to stand part of the Bill.