Written Question · S2W-05070 · Session 2
What role it has in the appointment, or suspension, of the Chief Surveillance Commissioner and what powers of direction it has over the com…
The question
To ask the Scottish Executive what role it has in the appointment, or suspension, of the Chief Surveillance Commissioner and what powers of direction it has over the commissioner's activities.
The answer
A Chief SurveillanceCommissioner is appointed by the Scottish ministers under section 2 of theRegulation of Investigatory Powers (Scotland) Act 2000, for a term of three years. Under thislegislation, removal of the Commissioner from office before the end of thisterm would require a resolution to be passed by the Scottish Parliament.
A Chief SurveillanceCommissioner is also appointed by the Prime Minister for a term of three years underSection 91 of the Police Act 1997, after consultation with the Scottish ministers.Under this legislation, removal of the Commissioner from office before the endof this term would require resolutions passed by each House of Parliament and alsoby the Scottish Parliament.
While the 2000 and 1997 Actsallow for 2 Chief Surveillance Commissioners, the two roles are presentlycarried out by the same person, Sir Andrew Leggatt.
It is the duty of the ChiefSurveillance Commissioner to keep under review the performance of functionsunder Part III of the 1997 act, and the exercise and performance of the powersand duties conferred or imposed by the 2000 act. In performance of this duty,the Commissioner reports annually to the Prime Minister and the Scottish ministersand a copy of this report is laid in the Scottish Parliament. His most recentreport was laid in the Scottish Parliament on 9 September 2003 and a copy is available in the Scottish Parliament Information Centre(Bib. number 29152).
A Chief SurveillanceCommissioner is also appointed by the Prime Minister for a term of three years underSection 91 of the Police Act 1997, after consultation with the Scottish ministers.Under this legislation, removal of the Commissioner from office before the endof this term would require resolutions passed by each House of Parliament and alsoby the Scottish Parliament.
While the 2000 and 1997 Actsallow for 2 Chief Surveillance Commissioners, the two roles are presentlycarried out by the same person, Sir Andrew Leggatt.
It is the duty of the ChiefSurveillance Commissioner to keep under review the performance of functionsunder Part III of the 1997 act, and the exercise and performance of the powersand duties conferred or imposed by the 2000 act. In performance of this duty,the Commissioner reports annually to the Prime Minister and the Scottish ministersand a copy of this report is laid in the Scottish Parliament. His most recentreport was laid in the Scottish Parliament on 9 September 2003 and a copy is available in the Scottish Parliament Information Centre(Bib. number 29152).
In the Official Report
No contribution in the Official Report cites S2W-05070 by reference.