Written Question · S1W-32199 · Session 1
Further to the answer to question S1W-31556 by Mr Jim Wallace on 25 November 2002, whether it is consulted prior to the implementation of a…
The question
To ask the Scottish Executive, further to the answer to question S1W-31556 by Mr Jim Wallace on 25 November 2002, whether it is consulted prior to the implementation of any interception warrants in respect of people resident in Scotland; what facility exists for such people to ascertain whether an interception warrant has been authorised against them, and whether there is any procedure facilitating appeal against such authorisation.
The answer
The Regulation of Investigatory Powers Act 2000 is reserved, but certain limited functions have been devolved to the Scottish ministers in relation to serious crime in or as regards Scotland.The issue of interception warrants by the UK Government in the interests of national security or for the purpose of safeguarding economic well-being is a reserved matter and there is no statutory requirement for the Scottish ministers to be consulted about such warrants where these are in respect of people resident in Scotland.The Regulation of Investigatory Powers Act 2000 established an independent tribunal (the Investigatory Powers Tribunal) to consider complaints from members of the public about conduct alleged to involve interception of communications by the intelligence services and certain public authorities.
In the Official Report
No contribution in the Official Report cites S1W-32199 by reference.