UK: Big increase in phone-tapping
01 May 1997
The number of warrants issued in England and Wales for telephone-tapping and mail-opening in 1996 was 1,142 - the second highest figure since records began. Indeed it is a higher yearly figure than any during the Second World War (1939-45) except for 1940 (1,682).
The number of warrants for tapping in Scotland, 228 is the highest since they were first published in 1967. For the previous year, 1995, the tapping figures rose from 66 to 137.
The number of warrants, signed by the Home Secretary, in England and Wales issued in 1996 for intercepting "telecommunications" was 1,073 - again the highest since records began in 1937.
Each of the warrants issued can cover more than one phoneline if they are issued to cover an organisation or group. For the first time the Commissioner, the Rt Hon Lord Nolan, acknowledges that "telecommunications" warrants cover: "all forms of telecommunications including telephone, facsimile, telex and other data transmissions whereby the information is communicated via a public telecommunications system". Last year the Commissioner noted that warrants also apply to mobile phones using private telecommunications service providers.
The figures give - as usual - part of the picture. Under Section 2 of the Interception of Communications Act 1985 warrants to intercept communications are meant to be applied for by the Metropolitan Police Special Branch, the National Criminal Intelligence Service (NCIS), Customs and Excise, Government Communications Headquarters (GCHQ), the Security Service (MI5), the Secret Intelligence Service (MI6), the Royal Ulster Constabulary (RUC) and Scottish police forces. However, the number of warrants issued by the Secretary of State for Northern Ireland (RUC and MI5) and the Foreign Secretary (MI6 and GCHQ) are not published, nor are the numbers issued in response to a request from another state.
Nor, of course, will "bug and burgle" figures resulting from new powers under the Police Act 1997 (see Statewatch vol 6 no 6).
Total figures for warrants issued, England and Wales 1989-1996:
1989 458
1990 515
1991 732
1992 874
1993 998
1994 947
1995 997
1996 1142
Total figures for Scotland 1989-1996:
1989 64
1990 66
1991 82
1992 92
1993 122
1994 100
1995 138
1996 228
Last year Lord Nolan's report said that "the number of warrants issued under the counter-subversion head remains very small", for 1996 he says: "there are no warrants in force under the counter-subversion head". These statement suggest that the surveillance of political activists is now hidden in the warrants covering either national security or "the prevention and detection of serious crime".
As usual no complaints from the public were upheld by the Tribunal - in fact, no complaint has ever been upheld since the Act of 1985.
Security Service Commissioner
The annual report by Lord Justice Stuart-Smith on MI5 (the Security Service) does not give the figures of the number of warrants issued by the Home Secretary allowing MI5 (the Security Service) to enter homes or offices to "interfere" with property. Last year he said it was a "comparatively small number", this year nothing is said.
The report notes the extension of MI5's role under the Security Service Act 1996 (which came into effect on 14 October 1996) to support "police forces and other law enforcement agencies in the prevention and detection of serious crime" (S.1.1). Stuart-Smith comments that this does not mean MI5 "will become another police force or that it will be patrolling the streets or arresting people".
The Commissioner notes the resolution of the different powers of the police and MI5 to "interfere with property" following the passing of the Police Act 1997 (see Statewatch, vol 6 no 6). However, he seems unconcerned that the statutory basis is different. MI5 have to get a warrant signed by the Home