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