The Royal Pharmaceutical Society of Great Britain

Part of the debate – in the House of Lords at 11:30 pm on 28 June 2000.

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Photo of Lord Bach Lord Bach Government Whip 11:30, 28 June 2000

moved Amendments Nos. 190A and 190B:

After Clause 54, insert the following new clause--

:TITLE3:THE INTELLIGENCE SERVICES COMMISSIONER

(" .--(1) The Prime Minister shall appoint a Commissioner to be known as the Intelligence Services Commissioner.

(2) Subject to subsection (4), the Intelligence Services Commissioner shall keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner--

(a) the exercise by the Secretary of State of his powers under sections 5 to 7 of the Intelligence Services Act 1994 (warrants for interference with wireless telegraphy, entry and interference with property etc.);

(b) the exercise and performance by the Secretary of State, in connection with or in relation to--

(i) the activities of the intelligence services, and

(ii) the activities in places other than Northern Ireland of the officials of the Ministry of Defence and of members of Her Majesty's forces, of the powers and duties conferred or imposed on him by Parts II and III of this Act;

(c) the exercise and performance by members of the intelligence services of the powers and duties conferred or imposed on them by or under Parts II and III of this Act;

(d) the exercise and performance in places other than Northern Ireland, by officials of the Ministry of Defence and by members of Her Majesty's forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty's forces by or under Parts II and III; and

(e) the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged--

(i) in relation to the members of the intelligence services; and

(ii) in connection with any of their activities in places other than Northern Ireland, in relation to officials of the Ministry of Defence and members of Her Majesty's forces.

(3) The Intelligence Services Commissioner shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require--

(a) in connection with the investigation of any matter by the Tribunal; or

(b) otherwise for the purposes of the Tribunal's consideration or determination of any matter.

(4) It shall not be the function of the Intelligence Services Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.

(5) A person shall not be appointed under this section as the Intelligence Services Commissioner unless he holds or has held a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876).

(6) The Intelligence Services Commissioner shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.

(7) The Secretary of State shall, after consultation with the Intelligence Services Commissioner and subject to the approval of the Treasury as to numbers, provide him with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

(8) Section 4 of the Security Service Act 1989 and section 8 of the Intelligence Services Act 1994 (Commissioners for the purposes of those Acts) shall cease to have effect.

(9) On the coming into force of this section the Commissioner holding office as the Commissioner under section 8 of the Intelligence Services Act 1994 shall take and hold office as the Intelligence Services Commissioner as if appointed under this Act--

(a) for the unexpired period of his term of office under that Act; and

(b) otherwise, on the terms of his appointment under that Act.

(10) Subsection (7) of section 39 shall apply for the purposes of this section as it applies for the purposes of that section.").

After Clause 54, insert the following new clause--

:TITLE3:CO-OPERATION WITH AND REPORTS BY INTELLIGENCE SERVICES COMMISSIONER

(" .--(1) It shall be the duty of--

(a) every member of an intelligence service,

(b) every official of the department of the Secretary of State, and

(c) every member of Her Majesty's forces, to disclose or provide to the Intelligence Services Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section (The Intelligence Services Commissioner).

(2) As soon as practicable after the end of each calendar year, the Intelligence Services Commissioner shall make a report to the Prime Minister with respect to the carrying out of that Commissioner's functions.

(3) The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Intelligence Services Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4).

(4) If it appears to the Prime Minister, after consultation with the Intelligence Services Commissioner, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to--

(a) national security,

(b) the prevention or detection of serious crime,

(c) the economic well-being of the United Kingdom, or

(d) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner, the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament.

(5) Subsection (7) of section 39 shall apply for the purposes of this section as it applies for the purposes of that section.").

On Question, amendments agreed to.