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When will the missing Annual Reports of the RIPA Commissioners be published ?

The Opposition spokesmen in Parliament are starting to ask Questions about the non-publication of the will publish the Annual Reports for 2005 i.e. not last year, but the previous year, of the Interception of Communications Commissioner and the Intelligence Service Commissioner.

Given that all of the various Commissioner's Annual Reports under the Regulation of Investigatory Powers Act 2000 Part IV are censored so as not reveal any sensitive national security or personal information in public, what possible reason is there for this delay ?

Is there something in these two independent Reports which is politically sensitive which the Labour Government is trying to hide ?

If there is nothing sinister or embarrassing to hide, then why fuel conspiracy theories and further reduce the level of public trust in the accountability and oversight of the vast powers of state surveillance ?

If these two Reports are to be suppressed indefinitely, then the two current RIPA Commissioners, Rt. Hon. Sir Paul Kennedy the Interception of Communications Commissioner and Rt. Hon. Sir Peter Gibson the Intelligence Services Commissioner should consider their positions and resign, as the system is not providing even the minimal level of public scrutiny which is laid down by the Act.

The Liberal Democrat Home Affairs spokesman:

22 Jan 2007 : Column 1541W

Intelligence Services Commissioner

Mr. Clegg: To ask the Secretary of State for the Home Department when he will publish the report of the Intelligence Services Commissioner for 2005. [116216]

John Reid [holding answer 16 January 2007]: I refer the hon. Member to my right hon. Friend the Prime Minister’s reply to a question from the hon. Member for North-East Hertfordshire (Mr. Heald) on 15 January 2007, Official Report, column 787W.

The reference is to this non-answer:

Written answers Monday, 15 January 2007

Prime Minister

Annual Reports

Oliver Heald (North East Hertfordshire, Conservative)

To ask the Prime Minister when he expects the Annual Reports for 2005 of (a) the Interception of Communications Commissioner and (b) the Intelligence Service Commissioners to be published.

Tony Blair (Prime Minister)

The reports will be published in due course.

What is the Labour Government hiding ?

Both of these Annual Reports are, under the Regulation of Investigatory Powers Act 2000 Part IV, meant to be published

"As soon as practicable after the end of each calendar year, "

[...]

"The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Interception of Communications Commissioner"

[...]

"The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Intelligence Services Commissioner"

[...]

See our previous blog article Where are the missing RIPA Commissioners' annual reports for 2005 ?

All the previous annual reports have been submitted to the Prime Minister in June or July and published in October or November i.e. within a year of the end of the calendar year to which they refer.

The Annual Report for 2005 - 2006 of the Chief Surveillance Commissioner (.pdf), the other RIPA Commissioner, was submitted and published in July 2006.

How can an Annual Report be trusted by the public to provide effective scrutiny and oversight, if it is not even published within a Year of the Calendar Year which it is meant to cover ?

This does not bode well for the Annual report of the National Identity Scheme Commissioner, which is also meant to be published annually, but which can be censored of any national security details, just like the RIPA Commissioners' reports.

Will our Freedom of Information Act Request to the Prime Minister via the Cabinet Office, reveal at least whether or not these Annual reports for 2005 exist and have actually been submitted to the Prime Minister by the two RIPA Commissioners or not ?

The 20 working day statutory deadline for a reply to our FOIA request expires today, and we have still not had any reply yet.


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