Letter from the Chair of the Committee
to Rt Hon Alan Johnson MP, Home Secretary, dated 11 June
2009
LIBERTY AND
OTHERS V
UNITED KINGDOM
(APP NO
58243/00, 1 JULY 2008)
The Joint Committee on Human Rights is continuing
its practice of reviewing the implementation of judgments of the
European Court of Human Rights (ECtHR) finding the UK to be in
breach of the European Convention on Human Rights (ECHR).
I am writing to inquire about the Government's
response to the judgment in Liberty and others v United Kingdom,
which became final on 1 October 2008. In Liberty and others,
the Court found that the interception of the applicants' communications
under the Interception of Communications Act 1985 (repealed
by the Regulation of Investigatory Powers Act 2000 (RIPA))
breached the right to respect for private life and correspondence.
It held:
The Court does not consider that the domestic
law at the relevant time indicated with sufficient clarity, so
as to provide adequate protection against abuse of power, the
scope or manner of exercise of the very wide discretion conferred
on the State to intercept and examine external communications.
In particular, it did not, as required by the Court's case-law,
set out in a form accessible to the public any indication of the
procedure to be followed for selecting for examination, sharing,
storing and destroying intercepted material. The interference
with the applicants' rights under Article 8 was not, therefore,
"in accordance with the law". (para 69)
On 17 April 2009, the then Home Secretary,
Jacqui Smith MP launched a review of and public consultation on
RIPA.[11]
The consultation, which includes new draft Codes of Practice,
closes on 10 July 2009.
I would be grateful for your response to the
following questions:
1. What steps, if any, does the Government intend
to take to give effect to the ECtHR's decision in Liberty and
others?
2. Is the Government satisfied that the legal
deficiencies identified by the ECtHR in Liberty and others
have been rectified by repeal of the Interception of Communications
Act 1985 and the enactment of the Regulation of Investigatory
Powers Act 2000 and its Code of Practice?
3. In particular, is the Government satisfied
that publicly accessible information on the current procedure
for "selecting for examination, sharing, storing and destroying
intercepted material" is available, and if so, where can
it be found?
4. To what extent will Government work following
on from its consultation on RIPA aim to implement the ECtHR's
decision in Liberty and others?
In addition, please provide us with copies of
the Government's submissions to the Committee of Ministers and
ensure that we continue to be updated as further information is
provided.
11 June 2009
11 Regulation of Investigatory Powers Act 2000:
Consolidating Orders and Codes of Practice, Home Office, April
2009. Back
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