National Security
The National Security Council comprises ministers, military officials, and intelligence heads. It convenes under the chairmanship of the Prime Minister, who holds responsibility for producing the national security strategy. The government releases defense and security reviews outlining how the Army, police, and intelligence agencies address present and future threats to national security.
A joint committee of the Houses reviews the national security strategy, and the National Security Adviser is appointed by the government.
The internal security services are known as Military Intelligence 5 (MI5), while MI6 deals with overseas matters. The General Communication Headquarters (GCHQ) is responsible for intelligence gathering, including signals interception. The MI5 and MI6 are coordinated by an intelligence coordinator within the Cabinet office.
Originally, MI5 operated under the royal prerogative without common-law powers, but the State Security Act 1996 formulated and extended its power to the investigation of serious crimes.
The security service’s primary role is to defend the State as a whole, particularly against terrorism and non-country-specific threats. They may apply for the issue of warrants if they believe subversive activity has been carried out, affecting the national interest.
The Security Service Act 1989 placed MI5 on a statutory footing, empowering the Home Secretary to issue warrants and establishing a Commissioner for reviewing warrant procedures.
The Director General of MI5 ensures the Service operates efficiently, collecting information solely for its functions and remaining politically neutral. The Director General reports to the Prime Minister and Home Secretary, with reports not necessarily being placed before Parliament.
The Intelligence Services Act provides for the establishment of the Parliamentary Intelligence and Security Committee.
The Security Services Act expanded MI5’s remit to include serious crimes like organized crime, road traffic racketeering, and money laundering, offering support to police forces in these areas.
MI6 deals with international information gathering and operations, operating under the Foreign Office, with politically sensitive matters requiring Foreign Secretary approval.
The Intelligence Services Act specifies that MI6 functions to obtain and provide information regarding persons outside the UK in the interest of national security, foreign policies, economic well-being, and the prevention or detection of serious crimes.
Warrants and authorizations are issued by the Secretary of State for specific purposes, immunizing actions under the warrant from criminal and civil liability.
GCHQ, operating under the foreign and common law, secures official communications and conducts signals intelligence.
The Intelligence Services Act gives statutory effect to GCHQ’s duties, emphasizing the interest of national security and the UK’s well-being, especially in matters related to defense, foreign policies, and serious crime prevention or detection.
The GCHQ director reports annually to the Prime Minister.
The Joint Intelligence Committee coordinates MI6 and GHCQ, dealing with intelligence requirements, reporting to the Cabinet Secretary, and through him to the Prime Minister.
The Interception of Communications Act grants statutory power to the Secretary of State to issue warrants for national security, detecting serious crime, and safeguarding the economic well-being of the UK.
The Regulation of Investigatory Powers Act 2000 replaced earlier legislation, reflecting updates in communication technology and legal responses.
Legislation covers interception of communication, surveillance, use of human intelligence, communication data, encrypted data, purposes of data acquisition, authorization, judicial review, and redress.
It’s an offense to unlawfully intercept information, and a lawful interception occurs during transmission by public daily communication or postal service.
Communications may be intercepted lawfully under certain conditions, including consent and authorized surveillance.
The Secretary of State may issue warrants for interception, ensuring proportionality and necessity, subject to renewal.
GCHQ’s functions include official communication security and signals intelligence, and the Intelligence Services Act emphasizes national security and the UK’s well-being in their operations.
The Intelligence Services Commissioner, appointed by the Prime Minister, keeps agency functions under review, and the Regulation of Investigatory Powers Act establishes an Investigatory Powers Tribunal.
The Intelligence and Security Committee examines security service expenditure, administration, and policy. Members are appointed by the Prime Minister and make annual reports, which are debated.
The Official Secrets Act prohibits entering certain establishments, collecting or disclosing official information, and disclosure without authorization, protecting sensitive information related to national security.
The Official Secrets Act prohibits entering certain establishments, collecting or disclosing official information, and disclosure without authorization, protecting sensitive information related to national security.
It’s considered an offense to disclose official information without proper authorization, particularly if it might be beneficial to potential adversaries and prejudicial to the State’s safety or interests. Trials under the Act may occur in secret, without the right to silence. Presumptions of guilt might arise under certain circumstances.
Unauthorized disclosures of certain categories of information are considered damaging and are offences. This includes disclosures related to defense, international relations, and confidential information obtained from other states or international organizations.
Persons who were or are members of Security and Intelligence Services may be guilty of an offense if they disclose information without lawful authority, irrespective of whether the disclosure is harmful or damaging. The Act doesn’t provide for public interest disclosures.
There are specific provisions that make it an offense to disclose information that might result in the commission of an offense, facilitate an escape from legal custody, or impede the prevention or detection of crimes.
The Act outlines defenses against these offenses, including lack of knowledge or reasonable belief regarding the damaging nature of the disclosure, or the absence of lawful authority at the time of disclosure.
For Crown servants and government contractors, it’s an offense to retain or fail to return documents or information that would be unlawful to disclose. A defense might be established if the person acted in accordance with their official duties or believed they were doing so.