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The Committee notes that the Minister for the Cabinet Office has today made a written statement in respect of the appointment of Lord Lebedev to the House of Lords.
The Intelligence and Security Committee had requested information pertaining to Lord Lebedev’s appointment. That request was made on a classified basis, in accordance with the Committee’s statutory oversight of the intelligence and security agencies under the Justice and Security Act 2013.
It was completely independent of the parliamentary motion passed by the House of Commons on 29 March 2022 – since the ISC is not a Select Committee (notwithstanding its mis-description as such, in the Government’s written statement) and its provisions are set down in law.
The information requested was not provided to us by the 28 April deadline mandated by the Committee (so as to align with the Parliamentary deadline). It was received only yesterday and the Committee is therefore not yet in a position to determine whether the information provided is sufficient, whether the response meets the statutory provisions which govern the Intelligence Community’s obligations to the Committee, and whether the Committee will have further questions arising.
The Committee is surprised by the statement by the Minister for the Cabinet Office today which links the classified provision of information to the Committee with the entirely separate parliamentary process of the Government’s response to the resolution of the House of Commons. So far as the ISC is concerned, at this stage our request for information should have remained a private – and classified – matter of oversight.
The Committee will be making no further comment on the information provided to it at this time.
The Green Paper on Justice and Security was laid before Parliament today by the Secretary of State for Justice. The Chairman of the Intelligence and Security Committee, Sir Malcolm Rifkind MP, has issued the following statement:
“I strongly welcome the publication today of the Government’s Green Paper on Justice and Security.
The risk of our courts disclosing foreign intelligence material, which allies had presumed to be shared in confidence, is extremely concerning. This undermines the ‘control principle’ – a key facet of intelligence sharing relationships – and risks damaging our national security. Additional protection for intelligence material is urgently needed. Yet it is also crucial, in the interests of justice, that the courts have access to all the relevant material in forming their judgments. Striking the right balance between keeping secrets secret and ensuring fairness in our courts is at the heart of this important consultation. The Intelligence and Security Committee will examine the Government’s proposals in detail, and respond in due course.
The Green Paper also contains proposals for reform of the oversight arrangements for the UK intelligence community. I am pleased that the Government has accepted the vast majority of the Intelligence and Security Committee’s own proposals in its Green Paper published today. This is a strong endorsement of our desire to modernise and strengthen parliamentary oversight of the intelligence community in this country. If implemented in full, the ISC will become a Committee of Parliament with greater authority, effectiveness, resources and credibility. It will significantly enhance oversight of the United Kingdom intelligence community in a manner in which Parliament and the public can have full confidence. These are significant reforms which I hope will earn widespread support.”
Copies of the Green Paper and the Committee’s Press release are attached.
The Chairman of the Intelligence and Security Committee of Parliament (ISC), the Rt. Hon. Sir Malcolm Rifkind MP, stated:
“The ISC has today reached a milestone in its investigation into the role of the UK Government and Security and Intelligence Agencies in relation to detainee treatment and rendition. The ISC will be considering the issues raised by Sir Peter Gibson in his interim report, and the adequacy of the current framework governing matters related to detainees. I strongly encourage participation from all those who have information to contribute.”
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The full membership of the ISC is therefore as follows:
The Rt Hon. Dominic Grieve QC MP (Chair) The Rt Hon. Sir Alan Duncan MP The Rt Hon. George Howarth MP The Rt Hon. the Lord Janvrin GCB GCVO The Most Hon. the Marquess of Lothian QC PC The Rt Hon. Fiona Mactaggart MP The Rt Hon. Angus Robertson MP The Rt Hon. Keith Simpson MP The Rt Hon. Gisela Stuart MP
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…both Houses of Parliament and appointed by Parliament. The Chair of the Committee is elected by its Members. The Members are subject to Section 1(1)(b) of the Official Secrets Act…
On 18 March 2009 the Prime Minister made a Written Ministerial Statement on Detainees. He said:
“we will publish our guidance to intelligence officers and service personnel about the standards that we apply during the detention and interviewing of detainees overseas once it has been consolidated and reviewed by the Intelligence and Security Committee. It is right that Parliament and the public should know what those involved in interviewing detainees can and cannot do. This will put beyond doubt the terms under which our agencies and service personnel operate…. In order to ensure that our systems are robust and to be certain that any lessons have been understood, I have asked the Intelligence and Security Committee to consider any new developments and relevant information, since their 2005 Report on Detention (Cm 6469) and their 2007 Report on Rendition (Cm 7171), building on the follow-up work that they have already undertaken.”
By way of clarification, the Cabinet Office confirmed that they would consolidate the guidance before submission to us.
Despite repeated requests, this guidance has still not been provided by the Cabinet Office. Therefore we are not yet able to begin our investigation.
The Intelligence and Security Committee’s Annual Report 2010-2011 was laid before Parliament today by the Prime Minister. The Report covers the whole range of the Agencies’ activities including matters such as the 2010 Spending Review, cyber security and the Olympics. The Committee has also this year conducted a root-and-branch review of its role, structure, remit and powers. The Report therefore also covers our proposals for reform of the Intelligence and Security Committee, to provide more effective, credible and transparent oversight of the UK intelligence community.
