Conclusions and recommendations
70. On the basis of the evidence we have taken this year, we conclude that:
The Agencies' Priorities and Plans
A. ***
***
*** (Paragraph 12.)
B. We strongly support the increased priority being given to counter-drugs work by our intelligence services. We shall continue to take a close interest in this area. (Paragraph 13.)
C. We accept the assurances that we were given concerning *** work on Iraq, and the evidence we were given ***
*** (Paragraph 14.)
D. We strongly support the vital work done by the security forces in countering the continuing terrorist threat in Northern Ireland, and accept that considerable resources will continue to need to be devoted to this work. (Paragraph 16.)
Finances
E. The new form in which information was presented to the Committee has greatly helped our understanding of the Agencies' finances. We were told that this has also been of value to the NAO. Ministers may also wish to have financial information presented in this way, in their own considerations of the Agencies' budgets. (Paragraph 18.)
F. On the evidence we have taken, it is clear that the NAO believes that it has access to all the necessary information it requires from each of the Agencies to enable it to carry out its functions effectively. We nevertheless believe that the procedures for the disclosure of information to the C&AG should be further strengthened in a number of areas. In view of our own statutory responsibility to examine the Agencies' expenditure, formal provision should also be made for the disclosure of information and reports by the C&AG to this Committee, in consultation with the Chairman of the Public Accounts Committee. (Paragraphs 22-23.)
G. It would be desirable where practicable for the NAO to carry out further value for money studies into all aspects of the Agencies' activities. (Paragraph 21.)
Personnel Management Issues
H. Good personnel policies and practice in the Agencies, where the cost of failure may be very great, are vital. Recent experiences on both sides of the Atlantic underline the importance of having a range of effective measures for dealing with staff problems as they arise, and of making every effort to address and resolve potential disaffection at an early stage. (Paragraphs 30-38.)
I. We accept that the Agencies may on occasion have to use, and test, relatively new staff in operational postings. We recommend, however, that wherever possible early postings to the most sensitive areas of work should be avoided until there is clear evidence of an individual's qualities and commitment. (Paragraph 32.)
J. On the evidence we have taken, we are convinced of the continuing need for the Staff Counsellor, and of his important role in helping to resolve staff problems. The Agencies' management should continue to make particular efforts to publicise his role and work. (Paragraph 36.)
K. We believe that everything possible should be done to ensure that employees of the Agencies have the same rights as employees elsewhere. One of these is access to industrial tribunals. It ought to be possible to constitute a tribunal of members and staff qualified to serve a normal industrial tribunal, but of the necessary integrity and security clearance to handle such potentially sensitive material, and we so recommend. (Paragraph 38.)
Personal Records/Files
L. 110,000 Security Service files have been destroyed or "marked for destruction" since 1992. The vast majority of these relate to subversion, on which the Service is no longer conducting any investigations. We note, however, that reviewing in this respect is currently restricted to files on individuals who are over 55 years old. This means that there may be files on individuals under the age of 55 because they joined an organisation which was categorised as subversive possibly 20 years ago, and that these files may still be used for vetting and other purposes. However, no such files would be opened on somebody who joined the same organisation today. We shall be considering this further. (Paragraph 47.)
M.The judgement in respect of the review and destruction of Security Service personal files is made solely by the Service. We believe, however, that some form of independent check should be built into the process, particularly in respect of files relating to subversion. (Paragraph 50.)
N. All reasonable steps should be taken by the Agencies to ensure that access to personal files is restricted to those with a clear need to see them, and that there are detailed audit trails to identify which officers or sections have had access to what information, and the reasons for that access. (Paragraph 45.)
O. There is a heavy responsibility on the Director-General of the Security Service, in putting forward to the Prime Minister or Leader of the Opposition files on candidates for election, to ensure that the information on them has been properly checked and relates solely to national security. (Paragraph 46.)
P. On the evidence we took from the Director of GCHQ, there are communications obtained incidentally during the course of an authorised, targeted collection, but relating to an individual who was not the subject of the warrant, which might be said to have been 'incidentally collected'. It is particularly important that the use of such material is kept under close review by GCHQ, and that it is destroyed as soon as practicable unless there are clear and continuing operational requirements, which will require its own authority. (Paragraph 53.)
Oversight Issues
Q. Depending on the type of case, we can envisage this Committee conducting its own inquiry in areas that previously only the Security Commission could have handled. In those circumstances, it will be sensible to consider whether a duplicate inquiry by the Commission was necessary. (Paragraph 59.)
R. Within the current statutory framework, the level of disclosure of information to this Committee depends to a significant extent on the quality of the relationship between the Committee and the Agency Heads and the wider intelligence community. Questions of our access to particular information do arise from time to time, but we have usually been able to reach a satisfactory arrangement. It is most important that all in the intelligence community recognise that the greatest possible openness and frankness with the Committee is ultimately in their best interests as well. (Paragraph 68.)
S. We are, however, conscious that, in comparison to other countries, the Committee lacks the ability to investigate directly different aspects of the Agencies' activities. We believe that enhancement of the present oversight arrangements can be achieved without necessarily changing our remit or the law, at this stage, but by extending the Committee's reach with an additional investigative capacity. Such a person would need access to the Agencies' staff and papers, when required to meet the Committee's particular inquiry. We receive much helpful evidence but do not have the capability to conduct independent verification ourselves. Without such a capability, the Committee cannot make authoritative statements on certain issues. It would reinforce the authority of any findings that we make, and be an important element in establishing public confidence in the oversight system. We believe that this is the right approach, and intend to introduce this capability in the coming year. (Paragraph 69.)
Others
GCHQ PFI Accommodation Project
T. GCHQ faces the most fundamental decisions on its accommodation and location since its original move from Bletchley Park. In this connection, the rapid series of changes of Director has not been helpful. The new Director of GCHQ is the fourth within two years, and finds himself faced with immediate decisions on these critical issues. The challenge of ensuring no interruption to operating capabilities during this reorganisation is a daunting one, which will demand the highest levels of management skill. (Paragraph 8.)
|
