Investigatory Powers

Additional Oversight

The Rt. Hon. Sir Mark Waller was appointed to the role of Intelligence Services Commissioner by the Prime Minister on 1st January 2011. Further details about Sir Mark and his remit can be found on the Intelligence Commissioners’ website

 In summary, Sir Mark has a remit to oversee

The work of the Intelligence Agencies, MoD and the Armed Forces (except in Northern Ireland) under the Regulation of Investigatory Powers Act (2000) and other relevant legislation (e.g. Intelligence Services Act, 1994 and Security Service Act, 1989). The role of the Secretary of State in connection with Agencies’ and MoD/Armed Forces’ responsibilities and conduct under RIPA. The role of the Secretary of State in authorising Intelligence Agencies’ requests for property warrants, intrusive surveillance and interference with wireless telegraphy. The arrangements made by the Secretary of State concerning those safeguards introduced to protect encryption keys for intercepted material and communications data. Encryption is covered by Part III of RIPA and concerns steps taken to decode encrypted electronic messages.

The Commissioner conducts his oversight through a series of scrutiny visits at the following warrant-issuing departments (WIDs)

• SIS
• Security Service
• GCHQ
• Northern Ireland Office
• Ministry of Defence
• Home Office 
• Foreign Office

The Commissioner also meets with the Secretaries of State responsible for these Government Departments on an annual basis, usually in Winter, to discuss the outcomes of his scrutiny visits and other points of note.

The Commissioner is also sent details of breaches of the legislation or codes of practice, which he includes in his Annual Report, which also documents his assessment of the performance of the Intelligence Agencies over the previous year. The Prime Minister lays the Commissioner’s report before both Houses of Parliament each year.