According to a recent finding by a panel of five tribunal judges, the Investigatory Powers Tribunal (IPT) has No statutory powers to impose financial sanctions against government agencies. In practice, this means that the ipt, which primarily hears complaints about surveillance by law enforcement agencies and intelligence services, cannot imper sanctions sanctions agency Comply with IPT Orders to disclose relevant evidence.
This Remarkable Ruling Follows An IPT Finding That Two Police Forces Had Unlawfully Spied on Two Investigative JournalistsBarry McCaffrey and Trevor Birney, Who Had Investigated Police Corruption.
In Particular, The Tribunal Found That The Police Service of Northern Ireland (PSNI) Targeted McCafrey and Birney, The Producers of a 2017 Film Documentary No Stone Unturned, which expedesed police Collection ( Royal Ulster Constabulary – RUC FOLLION FOLLIWING The Murder of Six Catholics as they were watching the republic of ireland play in the 1994 world cup on a pub television in the Village of Loghinisland, Consumption. In 2016, an ombudsman report concluded that the Ruc Had Protected Informs by destroying evidence and failing to carry out a proper engine.
As an independent public body that exercises judicies judicial functions, the ipt was established in 2000. It Occupies a Unique Role Which is Deemed to Be Vital in Holding Public Authorities to Account, Particularly the security services, in their exercise of covert investment powerers under the regulation of investment of investor powers act 2000. Unlike Most Most Other Courts and Tribunals, the IPT has a uk-a-the-based jurisdiction. It adopts a Quasi-Inquisitorial (RATHAR NAN ADVERSARIAL) Process that includes the routine use of closed hearing.
The IPT is part of the home office, although according to The gov.uk website. This Recent Judges' RULING, Concerning the Tribunal's Inability to Award Costs Against Government Bodies that Fail to Disclose Evidence, Raises Significant questions about it Entrely independent from government.
In recognising this deficiency, The tribunal have called for the home secretary to interven In order to address the issue – eite by introducing new approves rules or through the passing of primary legislation. Addressing the issue, the tribunal stated, “We do not record the outcome as entryly satisfactory… the facts of the present case Illustrate bey it would be always in prince for this tribunal to Power to Award costs. “
It is therefore clear that itp has no capacity to penalise government agencies for their approach to disclosure by awarding costs – even if they have delebely disobely disobely disobely disobely In the psni case, the tribunal confirmed that there was reepeated failures to disclose Crucial evidence, but simultaneously repaired that it has no power to alar to award costs. This is a remarkable, almost farcical position: without the ability to impose financial sanctions, the ipt is effectively toothless.
So, What Should Happen Next?
To prevent any further Abuse of Survelance Powers And the disclosure process, intervention by the home secretary is cleared Necessary. Without any mechanism at their disposal to impose sanctions, it is imperitive Does not continue.
More widely, the PSNI case has also raised significant and serial concerns about the integrity of our legal system. If the police and government agencies with power to spy on individuals are effectively giving free rein to deliberately withhld evidence, safe in the knowledge Without sanction, then public confidence in the legal systems in place to regulate