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Communications Interception
Mr. Gordon Prentice: To ask the Secretary of State for the Home Department what plans he has to allow (a) the police and (b) other regulatory or investigatory agencies of the state to intercept the e-mails and internet communications to internet websites of private individuals; and if he will make a statement. [62053]
Mr. Blunkett: Authority to intercept communications can only be given by the Secretary of State personally. Where the warrant is the result of a request for assistance made under an international mutual assistance agreement and where the subject or premises to which the interception relates appear to be outside the United Kingdom, authority may be given by a senior official. Such authority can only be given to those persons specified in Section 6(2) of the Regulation of Investigatory Powers Act 2000. They are:
- the Director-General of the Security Service;
the Chief of the Secret Intelligence Service;
the Director of the Government Communications Head Quarters;
the Director-General of the National Criminal Intelligence Service;
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the Commissioner of Police of the Metropolis;
the Chief Constable of the Royal Ulster Constabulary (now the Police Service of Northern Ireland);
the chief constable of any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;
the Commissioners of Customs and Excise;
the Chief of Defence Intelligence; and
a person who, for the purposes of any international mutual assistance agreement, is the competent authority of a country or territory outside the United Kingdom.
- (a) in the interests of national security;
- (b) for the purpose of preventing or detecting serious crime;
- (c) for the purpose of safeguarding the economic well being of the United Kingdom;
- (d) in circumstances where he would issue a warrant under (b) above, to give effect to an international mutual legal assistance agreement.
The interception of communications is subject to oversight by the Interception of Communications Commissioner.
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The Regulation of Investigatory Powers (Interception of Communications: Code of Practice) Order 2002 was laid before Parliament on 8 May 2002. The Code of Practice sets out in further detail the procedure, safeguards and oversight regimes governing the lawful interception of communications in the United Kingdom.
Mr. Jim Cunningham: To ask the Secretary of State for the Home Department what action is being taken to ensure that individuals are protected from invasion of privacy and personal rights when the Regulation of Investigatory Powers Act 2000 is extended. [62675]
Mr. Blunkett: The Government recognise the need to balance respect for personal privacy with legitimate measures to protect the public, especially in the context of rapidly developing technology.
I have therefore decided to bring forward new proposals in this area in the autumn after consultation over the summer.
The aim of the Regulation of Investigatory Powers Act 2000 is to provide greater security, clarity and regulation of these activities. First the Act is intended to ensure that:
- public authorities who have been added can only access communications data for one of the specified purposes in the Act;
such access will have to be proportionate to what it seeks to achieve;
use of the power will be subject to oversight by the Interception of Communications Commissioner; and
anyone who thinks their data has been wrongly accessed will have the right to complain to the Investigatory Powers Tribunal.
Mr. Blunkett: There is no question of general monitoring of users of any means of communication in the United Kingdom (UK) including the internet. An agency listed in section 6(2) of the Regulation of Investigatory Powers Act 2000 which applies for authority to intercept communications must identify either one person or a set of premises as the interception subject. Authority must be given in each case by the Secretary of State personally and will not be given except when the Secretary of State is satisfied that the interception is necessary for a specified purpose and proportionate to what is sought to be achieved. The purposes are the prevention and detection of serious crime, the protection of national security and safeguarding the economic well-being of the United Kingdom. The fact of an individual interception is not, of course, disclosed to the target.
With regard to communications data (i.e. not the content of a communication but data related to it), the aim of Chapter II of Part 1 of RIPA is to provide greater security, clarity and regulation of this activity as well as to introduce proper procedures for oversight and complaints.
In relation to implementation of this part of the Act, I will be bringing forward new proposals in the autumn following detailed public consultation in order to secure public confidence that arrangements balance respect for personal privacy with legitimate measures to protect the public.
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HMP Holloway
Dr. Vis: To ask the Secretary of State for the Home Department whether staff at HMP Holloway were permitted to watch the England against Nigeria football match on 12 June; and if visits to prisoners continued during this period. [64501]
Hilary Benn: There were no special arrangements made for prison staff at Holloway to watch the England against Nigeria football match. The prison arranged for all prisoners to be unlocked in time for the match, so that they could either watch it in their cells or on association. Some staff came in early to enable this to happen. Staff supervising association will have been able to watch the match with prisoners.
The match had no impact on visits as domestic visits do not occur on weekday mornings at Holloway. Visits on the afternoon of 12 June were slightly delayed due to staff shortages and the need to train a new drug dog.
Brixton Prison
John McDonnell: To ask the Secretary of State for the Home Department how many prison officers working in Brixton between 1996 and April 2002 who had previous military experience had served in Northern Ireland. [65440]
Hilary Benn: Information on the earlier careers of prison staff is not held in the form required by the question and could only be obtained by asking individuals. As previously explained to my hon. Friend in a written answer from my hon. Friend the Member for Stretford and Urmston (Beverley Hughes) on 11 June 2002, Official Report, column 1243W, this would involve examining around 1,300 files and interviewing several hundred staff, many of whom no longer work for the Prison Service. This could be carried out only at disproportionate cost.
Prison Service
Mr. Stinchcombe: To ask the Secretary of State for the Home Department which prisons in England and Wales have been opened since January 1992; and when they first received prisoners. [66232]
Hilary Benn: The Prison Service records a prison's opening date as the date from which the prison receives its first prisoners. Since January 1992, 20 prisons have opened in England and Wales. These prisons are listed in the table.
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Ashfield, Buckley Hall and Lowdham Grange are new establishments built on former prison sites. Eastwood Park was reopened following a major refurbishment after being closed in December 1992. Colchester opened in 1997 as a young offender institution. The establishment piloted a high intensity training camp regime and closed when the pilot finished in February 1998.
Mr. Stinchcombe: To ask the Secretary of State for the Home Department how many prisoners in England and Wales have a whole life tariff. [66233]
Hilary Benn: There are at present 23 people in custody in England and Wales with whole life tariffs.
Parole Licences
Simon Hughes: To ask the Secretary of State for the Home Department how many individuals in the last 12 months had their licences revoked and were consequently recalled to prison in England and Wales; and if he will make a statement. [66616]
Hilary Benn [holding answer 2 July 2002]: During the 12 month period ending 31 May 2002, 4,773 determinate prisoners and 19 life sentence prisoners were recalled to prison using the Secretary of State's powers to revoke a prisoner's licence pursuant to sections 38(a)(1) and 39 of the Criminal Justice Act 1991.
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