UK: MI5 and police carve out new roles (feature)
01 September 1995
The Prime Minister, John Major, announced on 13 October at the Conservative Party conference that a new national agency was to be created to tackle organised crime and that MI5, the Security Service, was to play an important supporting role. This would require, he said, new legislation to extend the powers of MI5, and it appears those of MI6 (the external Secret Service) and GCHQ (Government Communications Headquarters, the world-wide eavesdropping centre). The exact details have not been worked out yet - they are expected to be covered by a new Bill this autumn - however the changes are likely to include the following aspects.
NCIS
The current National Criminal Intelligence Service (NCIS) with 500 staff has no statutory basis (see Statewatch vol 2 no 2). Its Director, Albert Pacey, reports to two Committees. The Resources Committee, which includes representatives from police authorities, covers finance and staffing, and the Standing Committee, of police chiefs and Home Office officials. All policy and operational matters are dealt by the Standing Committee - the Resources Committee is precluded from considering the policies or activities of the NCIS. The involvement of representatives from police authorities - which then came under local government - was essential because most of the staff were seconded from local forces and paid for out of the common police services budget.
The new proposal will set NCIS up on a statutory basis and extend its powers. Due to the ad hoc nature of NCIS's creation its powers were limited to collecting and assessing information and intelligence. Currently NCIS pass on requests for action to the six Regional Crime Squads (RCS) - which are also comprised of seconded officers paid for out of local police force budgets - or a local Chief Constable. Its role will now be extended to cover operations, including surveillance operations, and making arrests. The appointment of a Commissioner or Chief Constable to head the NCIS may also follow as may the incorporation of the officers currently in the six RSCs.
MI5
The involvement of MI5 to "support" the NCIS appears to mean they will work alongside NCIS officers carrying out surveillance and analysis tasks concerning organised crime. David Bickford, who was an MI5 director and legal adviser to both MI5 and MI6 until his retirement this year said:
"MI5 is expert in the art of gathering and analysis of covert information over the long term. MI5 officers delve into organisations, learning the command structures, understanding the people, and the pattern of illegal activities".
Some police chiefs argue that MI5 officers are not used to gathering evidence which can stand up in court, and defence lawyers are concerned about the practice of allowing MI5 officers to appear in court behind scenes to preserve their anonymity and the inability to question their methods.
The new Bill will also have to amend the Security Service Act 1989 which set out the current roles of MI5 - to counter espionage, sabotage, terrorism and subversion. It does have a further role to: "to safeguard the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands."(S.3.1. of the 1989 Act). However, the government intend to explicitly extends its role to cover organised crime. The government also intends to amend the Intelligence Services Act 1993 which covers MI6, the external intelligence service, and GCHQ. While MI6's (S.1) and GCHQ's (S.3) objectives include the "prevention and detection of serious crime" and they both have the "bug and burgle" powers of entry under warrant (S.5) which MI5 has, the use of warrants for serious crime is defined as a police power - a minor amendment is required. Under the 1993 Act MI5 is empowered to execute a warrant in the UK on behalf on MI6 and GCHQ (see Statewatch vol 3 no 6).
"Bug and burgle" powers
The net result of these chan