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UK: Code on "intrusive surveillance"

01 July 1997

The 1997 Police Act passed quietly into law - by mutual agreement between the frontbenches - just after the general election was announced. This meant that considered discussion on the Bill's more controversial clauses were curtailed or not even reached. It fell to the new Home Secretary to issue a draft Code of Practice to cover the new "bug and burgle" powers for the police and other agencies to enter peoples' homes or offices and "interfere" with it (see Statewatch, vol 6 no 6 for details on the Bill).

To-be-appointed Commissioners (serving or former high court judges) will be able to give authorisation to the place lawyers and clients, doctors and counsellors, and journalists under surveillance. One of the most controversial sections of the new Act was the definition of "serious crime", referred to in the Code, as including "conduct by a large number of people in pursuit of a common purpose". This confirmed fears that political and trade union activity previously considered as "subversive" and falling under MI5's remit is now to be "criminalised".

There will be little confidence in the complaints procedure to the Commissioners set out in the Code. Not a single complaint to the Commissioner (senior judge) under the 1985 Interception of Communications Act (covering telephone tapping and mail-opening) has been upheld.

Last year chief constables or their deputies authorised over 2,500 "buggings" or surveillance operations according to the national coordinator of the regional crime squads in England and Wales. Mr Penrose said: "The vast majority relate to the use of surveillance cameras, vehicle monitoring devices and the like", which are not covered by the 1997 Police Act or any other Act.

Draft Consultation: Intrusive surveillance: Code of Practice, Home Office,12.8.97; Times, 29.9.97.