This item was published during the term of a previous administration that ended in April 2007
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Codes of practice on investigatory powers
30/01/2003
Codes of Practice covering the power and duties in the
Regulation of Investigatory Powers (Scotland) Act 2000 were
issued today.
The Codes of Practice - on covert surveillance and
covert human intelligence sources - are required under
Section 24 of the Regulation of Investigatory Powers
(Scotland) Act 2000. Interim codes were issued by Scottish
Minister in October 2000 for consultation and responses to
this consultation have informed the final Codes. Before
these final Codes can come in to force, draft orders must
be laid before and receive approval of Parliament
Welcoming the issue of final Codes of Practice, Deputy
First Minister Jim Wallace said:
"These Codes support the Act by providing clear and
unambiguous guidance for relevant public authorities on
authorising the carrying out of covert surveillance and the
use of cover human intelligence sources. They also set out
further safeguards and place additional restrictions over
and above those already contained in the legislation for
cases involving confidential information."
The Codes provide a framework within which public
authorities covered by the legislation should exercise the
powers and duties under the 2000 Act. For example, they
require that records are kept on the decision-making
process and that issues of necessity and proportionality
must be taken into account before an authorisation can be
granted, to ensure consistency with obligations under the
ECHR and the Human Rights Act 1988. Both Codes of Practice
also provide additional safeguards and a higher level of
authorisation in case where confidential information is
likely to be obtained.
Ministers are required to publish the Codes in draft and
give consideration to representations made on them. The
draft order must also be laid before Parliament and receive
approval by a Resolution before the final Codes take
effect. Section 25 of the RIP (S) Act provides for
Ministers to issue interim Codes of Practice which are not
subject to consultation or Parliamentary approval, and
apply in the period while the consultation - under section
24 - takes place.
Interim codes were issued in October 2000 and also
issued for consultation as draft codes. Copies of the codes
were sent to a range of interested organisations and public
authorities and made available on the Scottish Executive
website. The draft CHIS Code is at
http://www.scotland.gov.uk/hmic/docs/covert.pdf
and the draft Covert Surveillance Code at
www.scotland.gov.uk/hmic/docs/surveillance.pdf. Copies of
the final Codes will also be available on the Scottish
Executive web-site.