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The Security Service and GCHQ
The Security Service Act 1989 gave the security service (MI5) legal recognition. Burglary and other interferences with property by the security service can only be authorised by the Home Secretary personally. The intrusion must be necessary to obtain information for one of MI5's functions. These are broadly defined as the protection of national security and safeguarding the economic well-being of the UK against threats posed by persons outside the country.
There is a complaints procedure in respect of authorisations by MI5 for intrusions onto property. Complaints may be made to a senior judge who is appointed to act as the Intelligence Services Commissioner - formerly the Security Service Commissioner. The IPT is the appropriate forum for challenging any other activity of the MI5. The Commissioner and IPT’s powers are limited and the process denies the complainant a proper opportunity to hear the case against him or her.
The Intelligence Services Act 1994 - as amended by the Security Service Act 1996 and RIPA - sets up a similar complaints and tribunal procedure for the Security Intelligence Service (MI6), responsible for the foreign secret services and the Government Communications Head Quarters (GCHQ), the government's listening centre. It also set up a parliamentary committee to supervise the work of all three security services. Unfortunately, none of these is likely to provide any significant level of accountability for the activities of these bodies.
