Select Committee on European Union Minutes of Evidence


Examination of Witnesses (Questions 440 - 459)

WEDNESDAY 9 JULY 2008

Dr Nicholas Ridley

  Q440  Chairman: I welcome Dr Nicholas Ridley before us today from the John Grieve Centre, London Metropolitan University. As you were sitting at the back you will have heard me say that this will be on the record, we will send a transcript to you at the end of it and please do feel free to add any further information once you have corrected the transcript as our aim is to get accurate information from our witnesses. You will also have heard me say that we should be most grateful if you could speak up as the acoustics are particularly poor. Perhaps we could start the evidence session by you introducing yourself and then we can move on to questions.

  Dr Ridley: My name is Nick Ridley. I am a former intelligence analyst. I was 23 years as an intelligence analyst, first at New Scotland Yard in Special Branch and the Anti-Terrorist Section of Counter-Terrorist Command, then I was seconded to NCIS briefly before going to Europol where I was an intelligence analyst employed by Europol for 14 years. I am now a senior lecturer at the John Grieve Centre for Policing and Security at London Metropolitan University.

  Q441  Chairman: Can you explain the work of a crime analyst and how it benefits organisations like Europol and the Member States working with it?

  Dr Ridley: I would suggest that an analyst at Europol is working on diverse and complex intelligence by research and interpretation with the objective of assisting in establishing and identifying exactly what criminality is occurring, who is involved, to what extent they are involved, as much new information as possible about those individuals and any other new intelligence which can be gleaned for such research and interpretation. It is disseminated in the form of analytical reports, sometimes illustrated graphically with either criminal association charts or finance flow or quite often important sequences of events highlighting important periods within the inquiry. The format of the reports or dissemination is comparatively unimportant; they can be informal and preliminary, that is preliminary analysis with follow-up questions to the investigators or completed analytical reports. I would suggest that the key aspect about analysis is that it gives added value; it gives new information or new lines of inquiry or new interpretations to enhance and move that operational inquiry forward. Working at Europol the advantages and opportunities are tremendous in the sense that it gives multinational information intelligence; it is an opportunity to tie up operational intelligence from different Member States and to make salient connections, to disseminate this information quickly. It is an opportunity to identify hitherto unknown modus operandi particularly in criminal finances and, to a lesser extent, in terrorist financing. The analyst is enhanced by a superb speedy data-mining system, the AWFs. They are beyond reproach in terms of instant retrieval and instant connections of intelligence. I would suggest the disadvantages are what may have been touched on already by the two previous speakers in a benevolent way. There tends to be a misperception of the concept of AWFs. An AWF is nothing more or nothing less on the advantageous side than an electronic storage receptacle of intelligence, instantly available to the analyst. The downside is that possibly analysis is held back by data input cumbersome procedures. No analysis intelligence can be worked on until it is actually inputted into the AWF, which causes delays in speedy reaction in real time information exchange. There is possibly, from the analytical point of view—and I can only speak from an operational analysis point of view—over-regulational bureaucracy. A particularly telling point was made by the former Director of Europol in 2004, that is half a decade after Europol was established, where he cited the fact that up to 2004 there were more individuals internationally empowered to look at and supervise what Europol was doing in intelligence terms than the entire staff of Europol itself, which for a criminal intelligence agency is quite a good point in terms of holding it back. Finally, the downside, the disadvantage of analysis is the dissemination. The handing to different Member States means that they have a caveat on where that information can go and have to be consulted before that is placed in reports and also, particularly in terrorism, there is the issue of non-EU Member States having access to data or whether data from certain non-EU Member States can be accepted and worked upon. Terrorism is international yet there are some regulations where certain data cannot be accepted.

  Chairman: Thank you very much for that substantial reply.

  Q442  Lord Dear: I want to ask a question about the definition of the words "assembly", "processing" and "utilisation". As we understand it, the Europol definition of analysis, therefore your work, is " ... the assembly, processing or utilization of data with the aim of helping a criminal investigation". If you could revisit that in the future, would you leave it as it is as a definition or seek to see it changed? It would help us to know how you perceive those words.

  Dr Ridley: From an analytical point of view—and it is a definition of analysis—I would suggest it is not only out of date, it is retarding analysis. What it is doing is equating, confusing, commingling and mixing the intelligence process with intelligence analysis. The assembly and processing of data is part of the intelligence process; it is separate from analysis. Analysis is part of the intelligence process. May I briefly outline the five stages?

  Q443  Lord Dear: Yes, it would help us if you did.

  Dr Ridley: The intelligence process is quite simply gathering, getting the stuff in, working on it and disseminating it or the five stages: intelligence collection; collation, putting it together; evaluation; analysing it then disseminating that analysis product. The assembly, the processing, that is the actual processing and evaluating and inputting the data, is nothing to do with actually working on it.

  Q444  Lord Dear: Are you saying "assembly" is the capture out on the street, so to speak? Is that right.

  Dr Ridley: Indeed; the assembly is capturing on the streets, collating it, placing it in the work files.

  Q445  Lord Dear: And there is a whole science out there of the way in which one would go about that.

  Dr Ridley: Indeed.

  Q446  Lord Dear: Technological means, visual means; we understand that. You are saying that is not part of your task, that is the capture.

  Dr Ridley: That is intelligence gathering, that is investigation and intelligence gathering. I would suggest analysis is having the intelligence data evaluated or making an evaluation and then working on it. Part of that definition is, in the context of analysis or the AWF, actually processing it, that is actually inputting it into the work files, the electronic architecture, in accordance with Member States' wishes and data protection. I would suggest that is not part of analysis.

  Q447  Lord Dear: This is critical and it might be helpful, if you also consider it helpful to us, to let us have a note later setting this out in detail because the slices are quite close together. I can see that. If you agree, that would be helpful.

  Dr Ridley: Yes, I would be happy to assist.

  Q448  Lord Dear: You are going to use terminology of course, so define, if you would, each term precisely and then show how they fit together. That would be extraordinarily helpful.

  Dr Ridley: And suggest its place in the context of AWF because that is what we are talking about. Is that acceptable?

  Lord Dear: Indeed.

  Q449  Lord Marlesford: It would be interesting to know whether this technique, this approach is purely a British one or whether it is used by the Americans and others as well; the distinctions, the methodology you have been describing. Is this a UK methodology or an international methodology used by the CIA and all those people?

  Dr Ridley: It has always been the ideal standard intelligence set-up, ideally that the intelligence gatherers and the intelligence capturers, collectors, should be separate from those actually working on the data to avoid preconceptions. Obviously there would be some interface because the context in where and how the data was captured would be of crucial value and the investigator's opinion is of crucial value in terms of the individual. That is where the evaluation process partly comes in. There is some interface, but I would suggest that it is a separate process.

  Q450  Lord Dear: I can see a parallel with another world I inhabit from time to time of forensic science where the collection of the evidence at the scene is deliberately kept very separate from what is called search and recovery, which is a laboratory process, and then goes to scientific analysis, and there is a deliberate split from the capture of the evidence.

  Dr Ridley: Yes, I agree.

  Q451  Lord Dear: I can see that model in my mind and understand why you are espousing it and you do agree with that, do you?

  Dr Ridley: Yes, I fully agree with that.

  Q452  Baroness Garden of Frognal: Can you describe the connections between the strategic assessments that exist at Level 3 in the UK National Intelligence Model (NIM) and SOCA's UK Organised Crime Threat Assessment/Control Strategy and the Europol Organised Crime Threat Assessment/COSPOL projects?

  Dr Ridley: Yes. There are indeed connections, there are indeed links and you can see the parallel and complementary thought process or methodology between the SOCA threat assessment and the OCTA, the Europol Organised Crime Threat Assessment. The methodology addressing the concept of criminal groups is the same. The OCTA used the phrase "oriented clusters with common aims"; SOCA uses the words "the criminal core groups with varying outsiders". It distinguishes quite categorically the SOCA criminal groups, for example, in terms of drug trafficking it identifies three quite separate sets of groups which are impacting on the UK, the Turkish, those based in the Netherlands as a secondary supply, also the UK-based groups, not merely as receivers but also as facilitators. The OCTA, on a wider scale, identifies the oriented clusters as those indigenous organised crime groups, non-EU crime groups—and they call them intermediate—who are integrating themselves in the EU. There is also a connection on the geo-spatial methodology of the nexus points in illegal immigration and the OCTA methodology on the regional hubs where it divides them north-west, south-west, north-east, south-east, with different crime priorities. Also there is a connection between the financial specialists, the exploitation specialists for money laundering and terrorist financing in both reports. Having said that, the connections are spasmodic and not continuous. If for no other reason, may I suggest that the threat assessment of SOCA appears to have a different objective to that of the OCTA. I do not want to sound patronising here as I am looking at it from an academic point of view, but in all credit to SOCA they have cited their objectives in the threat assessment as to develop the threat posed to the UK, the importance of improving knowledge and, they have said, improving the understanding of the nature of organised crime. If you like, they are concentrating on the changing dynamics of organised crime and the threats posed to the UK. OCTA is more operationally orientated; in its own words the OCTA threat assessment states that it helps close a gap between strategic findings and operational activities. It allows the EU system to develop complementary measures to countering organised crime, linking ministerial and policy levels with those of practitioners and law enforcement agencies which operate at the front line. The unfortunate thing is that OCTA is not really operationally orientated. Having said those objectives, it does go on to state that it needs to be realised that OCTA is not detailed enough to pinpoint specific criminal investigations. If a threat assessment is not doing that, it is not bridging the gap or it is not assisting operational inquiries. I would suggest that from a strategic overview point of view the OCTA is a magnificent document, it is précising information gathered over a year from 27 Member States. It is précising, boiling it down and making it a cohesive whole. In terms of accepting information and analysing it and synthesising it, it is a magnificent tour de force from an academic, strategic analysis point of view, speaking as an academic. To an operational analyst working in a police organisation, there is little or no operational value in the Europol OCTA. Does that answer your question?

  Q453  Baroness Garden of Frognal: Is there a common understanding of terminology in your work amongst these different bodies?

  Dr Ridley: I think so; they are looking at the dynamics of organised crime, they are looking at threat levels, the impact, they are trying to make common threat levels, trying to discern common solutions and identify priorities. SOCA achieves that in a far more specific way than OCTA.

  Q454  Lord Young of Norwood Green: Listening to your analysis or comparing the two it seems to me that it is almost impossible for OCTA to do what SOCA do because it is 27 Member States and they are boiling down and synthesising a mountain of information. Is there any way that it could be changed to make it more operationally focused as well as being strategic or is it impossible?

  Dr Ridley: I would suggest that in its present form it would be extremely difficult were it to be broken down into operational segments and strategic reports dealing with operational priorities but then operational priorities would have to be identified in more specific detail.

  Q455  Lord Young of Norwood Green: The Europol Work Programme 2009 shows a heavy investment in analytical effort. Can you explain the strengths and weaknesses of analysis in the fight against organised crime and terrorism? When you were talking about capture it seemed to me that evaluation was a key area and I cannot help feeling that if it is junk in you are going to get junk out, so the evaluation process must be key to the analytical. I may be wrong.

  Dr Ridley: I fully agree with you. It is a trade-off. If you have masses of information, you cannot seek to evaluate every single piece, but what you can do is break down and identify your essentials, A1s if you like, or 4x4 or 5x5. The problem with 27 Member States is inevitably that they will have different methods of evaluating, even if they have a common evaluation system, how that is applied, the 5x5 or, in the European Union, the 4x4 system. How that is applied in each Member State remains the domain of the Member State and also the exigencies of actually gathering the information and disseminating it. If they have no time they will do without the evaluation rather than sacrifice real time in order to pass it on.

  Q456  Lord Young of Norwood Green: What about the strengths and weaknesses of the analysis process?

  Dr Ridley: You are looking at different evaluated systems, different evaluated segments of information but the strength of analysis is the magnificent AWF data mining and data cross-referencing. As a piece of electronic architecture—I do not wish to be too detrimental to AWFs—it had to happen in the early stages of Europol because there was so much information coming in. It helps to assuage Member States' fears or caution about giving over information because each Member State still has sole access and control over its contributions within each work file. Only the analyst can see all the different Member States' contributions and pull them together. In a sense it is an ideal tool for obtaining information, voluntary data capture; the problem is in dissemination and also accepting information from those Member States not part of the work file. I have an example, if I may cite an example without naming Member States, a case in 2002 where one Member State had a group of criminals engaged in criminal financing and they were clearly sending finances overseas by various means to two or three locations in the Gulf region which eventually impacted on the situation in Somalia. The inquiry proceeded and it went so far. Had it been allowed to proceed further without the trammelling of the data protection AWF regulations this would have been a useful indicator and we could have been ahead of the game about what is happening in Somalia now. The second thing which was missed was a modus operandi—I cannot go into details—of terrorist financing which only came to light later as a result of subsequent research outside Europol. The third aspect was that there was information to hand from the United States. At the same time as those terrorist finance transfers were going to the Gulf region, there were parallel transfers of comparable amounts going to the same financial institutions in the Gulf region from the United States at exactly the same time and that was missed because it was not permitted to be included in the general context. Had that been included at the time it would have enhanced the inquiry. It is a small example, but I cannot go into more details.

  Q457  Lord Mawson: I am always interested in people who deal with the practical details of life and how it really works because you see very different things. If you were to suggest three things which need to happen with Europol to make it a far more effective organisation, what would be your top three things?

  Dr Ridley: Thank you; it is always nice to be given the opportunity to be king, as it were. I suppose ideally split the function of data collection and data inputting from the analysis function. I am sure that has happened, but when I was at Europol, there were concerns about sharing data with other agencies, particularly Eurojust. I am sure it is happening now as that was four years ago, but there should be more two-way flows of information with Eurojust because that is a vital tool in terms of not merely exchanging information about terrorism but actually bringing terrorists or potential terrorist suspects to court and charging them with the right offence. There are two.

  Q458  Lord Mawson: Do you have a third?

  Dr Ridley: Two out of three.

  Q459  Chairman: Could you just explain something? Earlier you mentioned methods of evaluation being 5x5 and 4x4. Could you lift me out of my ignorance there? What does that actually mean?

  Dr Ridley: I apologise. The 4x4 system is where both the source and the information itself given by that source are evaluated. The source codes are four—now five in the UK but four in the European Union; they are A, B, C and X. The codes for the actual information given by that source are 1, 2, 3 and 4. Therefore, if I give you information which is from an impeccable source, I would hope myself, and it is absolutely reliable it would be A1. It is a common misconception but the last category is not the worst type of information. They are not graded according to scale of reliability. The worst type of information is C3 because on the majority of occasions C source is generally unreliable and 3 is generally not reliable. X4 is an unknown quantity. X4 can be subsequently upgraded by other corroborative information and can be absolute gold dust. That is a brief answer.

  Chairman: That is very helpful. Thank you very much.

  Lord Young of Norwood Green: Perhaps that could be expanded in a note.


 
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