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4.32 pm

Andrew Mackinlay (Thurrock): I have some difficulty. I have declared in the Chamber many times before that I think that the current arrangements for our parliamentary oversight are not satisfactory. Indeed, I do not see the Intelligence and Security Committee as being a Committee of Parliament. That is of great importance. I do not think that it is a distinction without a difference that the Committee is made up of parliamentarians. It is a creature of statute passed by Parliament.

I hesitate to amplify upon that because good friends and colleagues can often take offence that is not intended when we criticise an institution of which they are a member. They think that that is a criticism of their conduct and stewardship. On the contrary. I was interested to hear what the my right hon. Friend the Member for Dewsbury (Ann Taylor) and other Members have said about the diligence to service which the members of the Committee are giving. That is highly commendable. I endorse what my right hon. Friend said about the high level of attendance and concentration.

One of the things that I learned as a trade union official is that one should be at the beginning of a meeting and at the end. That is extremely important. During my period on the Transport Select Committee and the Foreign Affairs Select Committee, I was surprised when some of my colleagues found—it is a matter for them—there could be other compelling matters that took them away from a Committee's deliberations, and sometimes quite frequently. In my view, if someone is serving on one of these bodies, that

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should be seen as the primary commitment in giving service to the House. They should be present for as much time as is humanly possible.

I shall criticise the nature of the Intelligence and Security Committee. When I read the membership of the Committee, I noticed that the hon. Member for East Hampshire (Mr. Mates) was the only non-Privy Councillor. When he goes to bed tonight, I hope that he will dream that such a grave omission will be remedied by the Mackinlay Government after I come out of my wilderness years. That demonstrates that the Committee is composed of people who have given distinguished service. I hesitate to use the phrase "the great and the good" but, nevertheless, those people are deemed satisfactory by the Prime Minister. Of course, the qualities that they bring to the Committee make them a satisfactory choice, but in any other Parliament, people selected by their peers will also have given distinguished service and will be capable of fulfilling that role. In the US Senate and Congress, people chosen to serve on comparable committees to the Intelligence and Security Committee are regarded as qualified for their important role and having sufficient discretion to fulfil it.

Mr. Mates: Which parliamentary Committee is not selected by its peers? The Committee of Selection selects members of Select Committees through the Whips. It is the Prime Minister, in consultation with the Leader of the Opposition, who selects us, and that, too, is done through the Whips. What is the difference?

Andrew Mackinlay: There is a substantial difference. The hon. Gentleman is wrong, although the selection process is seriously flawed, needs to be developed and is subject to the party system. However, there are occasions when the trend is reversed. During my first weeks in Parliament we were told by the Whips who to appoint as Chairman of the Select Committee on Transport, but we chose another Member. More recently, in the lifetime of this Parliament, my hon. Friend the Member for Crewe and Nantwich (Mrs. Dunwoody) and my right hon. Friend the Member for Swansea, East (Donald Anderson) were selected as Chairmen in contravention of the initial process of selection. However, my right hon. Friend the Member for Dewsbury, for whom I have the highest regard—contrary to her better judgment, I hope that she still has some regard for me—was selected by the Prime Minister. Under the rules of selection, it is not possible to say, "No, we will not have the right hon. Member for Dewsbury, we will have the right hon. Member for Rother Valley (Mr. Barron) instead."

Public perception of the independence of Committees is extremely important. The ISC would probably prefer to be treated as a Select Committee, and in the next Parliament it may merge into the system and its members undertake the same contests and arguments that other Select Committee members undertake. I hope that ISC members have some sympathy for that idea. However, when it became known that the ISC and the Select Committee on Foreign Affairs were going to look into the question of Iraq, I was disappointed by the appearance of my right hon. Friend the Prime Minister at the Dispatch Box. I listened to him carefully, and

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while he said that he welcomed and/or invited the ISC to look into the question of Iraq, he did not make any genuflection to the Foreign Affairs Committee, and did not give a nod or wink of acknowledgement that it should look into the matter, which was a deeply regrettable mistake. At the very least, the work of the two Committees could be complementary rather than competitive, and could inform the work of the House and public opinion, which everyone should welcome.

I dare not go into the question of Iraq. Over the past few days, I have told numerous journalists and even parliamentary colleagues that the deliberations of the Foreign Affairs Committee are private—[Interruption.] I am speaking for myself, and will not even comment about people who have commented, allegedly, on our deliberations. However, on behalf of colleagues I shall give a trailer. At 10 o'clock on Monday, our report will be published, and I hope that Members will find it valuable reading. However, picking up a point made by the right hon. and learned Member for North-East Fife (Mr. Campbell), there could be a more mature and sensible way of producing the ISC report without the extensive use of dots and asterisks. There could be negotiations with No. 10 to produce a report that has some flow. Its present form is woefully inadequate.

If, as I accept, the Committee is putting in a tremendous amount of work behind closed doors, the report could and should be fuller. I do not accept that it must be so thin. One of the deficiencies of the Committee is that it always, always deliberates and holds hearings in private. There is no reason why that should be the absolute rule. Because of the nature of its work, the pattern may be that the Committee meets in private session, but that should not be the presumption. That is why the work of other Select Committees is so important. The Prime Minister overlooked that. Matters that would not have been aired if they had been considered solely by the Intelligence and Security Committee have been brought into the public domain by the Foreign Affairs Committee and it is clearly appropriate that they should be viewed under the television lights, reported in the Official Report and so on. I hope that next year the Intelligence and Security Committee might improve on the written production of its report and explain to the House the work on which it is embarked.

My right hon. Friend the Member for Rother Valley spoke about the aspects of the report relating to the special branch. That was extremely important. I am troubled by the fact that our special branches are woefully inadequate in many areas, particularly at our ports of entry. I have raised the matter in the Chamber before. I am amazed that the Government have not addressed security, particularly at our seaports. They must also undertake a comprehensive review of the policing of our airports.

The seaports are more or less open. I can show hon. Members ports around the United Kingdom where there is no immigration official, no Customs and Excise and no special branch. They are open. It is breathtaking that that is tolerated. I have said to the House and I will say it again: what are required are dedicated police forces for our seaports. The British Transport police should be brought back in—they used to be at some of

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our ports—or a parallel force should be set up. That would be the sensible thing to do. The special branch officer in a portakabin responsible for many miles of river or coastline is woefully inadequate. That is the present position, and I am not prepared to acquiesce in it by my silence. It leaves us open to organised crime, people-smuggling, and the dangers of terrorist groups bringing in facilities and materials or taking those out to other locations. They could be deterred, if not detected, by high-profile dedicated transport police in our seaports.

Mr. Letwin: As I think the hon. Gentleman knows, he is not alone in that view. Every word of what he says is true. We, too, have been complaining about the position persistently for the past two years, and it remains a matter of astonishment to us that nothing has been done about it. I know that Liberal Democrat Members share his views.

Andrew Mackinlay: I am much obliged. Perhaps the Government might reflect on the fact that, across the House, there is some sympathy for the matter to be addressed. They should do so urgently and not be persuaded by the chief constables. I know what chief constables are like. They are decent fellows, but they want to maximise their resources and are jealous of their territories. They do not want another police agency in their parish. It has always been thus and always will be. The Government should put aside their protestations, which is well-trodden ground, and do what is right—create proper policing, which could be partly funded by a small top-slicing on every container's tariff or every person's fare passing through the port of entry or exit.

My final point relates to paragraphs 90 and 91 of the report and the Wilson doctrine. If I misread the document, I apologise, but the point I want to make is still valid. It is a matter of fact that the telephone conversations of Mo Mowlam, when Secretary of State for Northern Ireland, and Jonathan Powell, the Prime Minister's chief of staff, with the hon. Member for Mid-Ulster (Mr. McGuinness) were recorded. The Wilson doctrine makes it clear that, unless and until Parliament is told otherwise, there will be no eavesdropping of the conversations of Members of Parliament. There was a clear breach in that regard and I think that we have a right to be told what happened. In any event, the Wilson doctrine is somewhat old and technologies have moved on. It is no longer necessary to attach a physical attachment to a telephone line to listen to what is being said. It is possible to eavesdrop on conversations and to investigate e-mails and other technologies at some considerable distance. The Wilson doctrine is important to our parliamentary democracy, because Members of Parliament, as legislators, should not be subject to such intrusive surveillance by the executive branch of government. In any event, the doctrine needs to be revisited to bring it up to date with current technologies. I urge colleagues to address the issue with some seriousness and vigour, and I repeat that, if they do so, it should be in the public domain. In my view, that area should be discussed.


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