UK: MI5 and organised crime (feature)
01 January 1996
The UK parliament is currently discussing a Bill to extend the powers of MI5 (the Security Service) in two ways: 1) to allow it to conduct intelligence gathering in criminal cases and 2) to extend its powers to "bug and burgle" including cases involving "conduct by a large number of people in pursuit of a common purpose." This will involve MI5 employing surveillance, informants, infiltrating agents, and using technical devices (hidden "bugs", video cameras, and tracking devices). MI5's existing roles are: counter-espionage, counter-sabotage, counter-subversion, and counter-terrorism.
The proposal is one of four, put forward by the Prime Minister, at last year's Conservative Party Conference. The other three are: creating "a national tier of police response" through the six Regional Crime Squads; the creation of a new Directorate of Organised and International Crime within the Home Office (from April 1996); and a review of the roles of the National Criminal Intelligence Service (NCIS) following calls for to have operational powers on top of its present one of intelligence-gathering.
The last proposal, extending the powers of NCIS to operations is as far-reaching as that under the present Bill. But NCIS's role is not be legislated for until 1997. Will NCIS's role be extended to include conducting operations? Will the eventual split in roles mean MI5 conduct all surveillance into serious crime with NCIS and the Regional Crime Squads being solely the operational wing? To whom will the NCIS be made accountable - currently it has no statutory basis with officers seconded from local forces paid for by local police authorities. Will other national roles currently run by the Metropolitan Police be passed over to a new MI5/NCIS national agency?
Introducing the Security Service Bill on 20 December 1995 Mr Howard, the Home Secretary, said:
"The skills and experience of the Security Service, honed over the years in countering espionage and terrorism, can bring an added dimension to the work of the law enforcement agencies."
Police Review reported "Home Office sources working on the police-MI5 initiative" as saying:
"tactics employed by agents will include planting false information, disruption and "dirty tricks" if there is insufficient evidence to bring cases to court. "Disrupting the activities of organised criminals may be a desirable role if MI5 is not able to bring them to justice", the source said."
The Bill will add the "prevention and detection of serious crime" to MI5's roles and allow it get obtain warrants to "bug and burgle" (to enter property and to place "bugs" and to "plant" or remove any item) in the UK in pursuit of "serious crime" (a role previously the exclusive preserve of the police force). The Bill does not limit their role to "organised crime" but to "serious crime" which is defined as including:
"conduct by a large number of people in pursuit of a common purpose."
The Bill's provisions
The Bill seeks to amend Section 1 of the Security Services Act 1989 by adding to the roles of MI5:
1.1. (4) It shall also be the function of the Service to act in support of the prevention and detection of serious crime.
1.2. [adds to the 1989 Act in sub-section 2 of section 2] (c) that there are arrangements for co-ordinating the activities of the Service in pursuance of section 1(4) of this Act with the activities of police forces and other law enforcement agencies.
Section 2 of the Bill will lift the restriction, under the Intelligence Services Act 1994, placed on MI5 not to "bug and burgle" in the British Isles (the limitation remains on MI6 and GCHQ, though of course GCHQ can still tap telecommunications within the UK). MI5, therefore, under this Bill will be able to apply for a warrant to "bug and burgle" in this country when it concern "serious crimes" as defined below.
Section 2 (new 3A) allows MI5 to apply for a warrant if it is related to the new section 3B below.