International Law

Regulation of Investigatory Powers Act 2000 conviction statistics

20 Oct 2009 : Column 1359W

Regulation of Investigatory Powers Act 2000

Mrs. Iris Robinson: To ask the Secretary of State for the Home Department how many people have been convicted of offences under the Regulation of Investigatory Powers Act 2000; if he will commission research into the efficacy of the legislation; and if he will make a statement. [293656]

Mr. Hanson: Information showing the number of persons found guilty at all courts for offences under the Regulation of Investigatory Powers Act 2000 ('RIPA') in England and Wales from 2000 to 2007 is shown as follows:

20 Oct 2009 : Column 1359W

20 Oct 2009 : Column 1360W

Persons found guilty at all courts of offences under RIPA in England and Wales

Persons found guilty at all courts of offences under RIPA in England and Wales
Offence	Statute	2000	2001	2002	2003	2004	2005	2006	2007
Unlawful interception of a postal, public or private telecommunications system	Sections 1(1), (2), (7)	--	--	1	3	4	1	--	--
Failure to give effect to an interception warrant	Sections 11(4), (7)	--	--	--	--	1	--	--	--
Unlawful disclosure of details of interception warrant	Sections 19(4)	--	--	--	--	--	--	--	1
Failure to disclose key to protected information	Section 53	--	--	--	--	--	--	--	--
Disclose details of a S49 notice	Section 54	--	--	--	--	--	--	--	1
Total		--	--	1	3	5	1	--	2

These are from the official Ministry of Justice statistics. Figures for 2008 are due to be published at the end of January 2010. The encryption provisions of RIPA came into force on 1 October 2007 and these figures are therefore not yet reflected in the table. Some information is available in the Chief Surveillance Commissioner's report for 2008-09 which shows there were two s53 convictions for failing to disclose the key to protected information.

The Government are satisfied that offences set in RIPA are appropriate and that the legislation is being used effectively.

Why is the conviction of News of the World's "Royal Gossip Editor" Clive Goodman and his henchman Glen Mulcaire, and those criminals uncovered via Operation Brabatus Barbatus e.g. former Policemen turned private investigators Jeremy Young and Scott Gelsthorpe, not recorded in the 2007 convictions column ?

Is this because they were convicted of conspiracy to intercept communications unlawfully ?

What was the 2004 "Failure to give effect to an interception warrant" case ?

What was the 2007 "Disclose details of a S49 notice" i.e. the "tipping off" about a notice to hand over a cryptographic key or the plaintext de-crypted data ?

Only this weak yet repressive Labour government, could make the spurious claim that the RIPA legislation "is being used effectively."

Full post as published by Spy Blog on October 21, 2009 (boomark / email).