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Thursday, November 07, 2013 

The illusion of oversight.

It would be an exaggeration to say today's first ever public session with the heads of the intelligence agencies was a waste of time.  Finally getting MI5, MI6 and GCHQ to answer questions from a committee in front of the cameras is itself an achievement; not so long ago Andrew Parker and Sir John Sawers' predecessors were refusing to give evidence to any other parliamentary committee, and would only do so to the Intelligence and Security panel in closed session.

Apart from their showing up though, there wasn't much else to recommend them having bothered taking time out of their schedules.  A flavour of just how little we were likely to learn was in the ludicrous "security" measures that were taken: journalists weren't allowed to take their phones in, for who knows what reason, while the session was broadcast with a two minute delay just in case any information believed too sensitive was discussed or mentioned.  Considering it was unlikely Parker, Sawers or GCHQ's Sir Ian Lobban were suddenly going to detail exactly how it is we combat cyber espionage, or listen in to the communications between al-Qaida leaders, this presumably was meant to be in case a committee member quoted too liberally from the Edward Snowden revelations, or rather, to give the impression such sensitive material could be discussed.  All but needless to say, it wasn't.

There were at least a few minor points, mainly from Parker, which we weren't entirely aware of before.  He put an actual number on the plots which have been foiled since 7/7, saying there had 34, one or two of which had the potential to be mass casualty attacks, presumably a reference to the "liquid bombs" plot and the cell disrupted in Operation Crevice.  Seeing as we've heard from 3 different heads of MI5 now, including Parker, who have repeated the claim there are around 30 plots on-going at any one time, with 2,000 individuals involved in one way or another, these two figures don't exactly tally.  Is MI5 in fact more successful than it's letting on, or are the extremists less competent or committed than is routinely imagined? This discrepancy wasn't remarked on however, unsurprisingly.  Parker's other point of interest was, despite the whining from Labour earlier in the week, they don't regard the replacement of control orders with TPIMs as having had any adverse effect on security.

The rest of the session was dedicated almost entirely to questions that we either already know the answers to, or which the agencies themselves have responded to in one way or another.  Sawers gave the same response when asked if MI6 would ever work with foreign agencies who use torture that he has previously, saying that if he was concerned someone could be mistreated he'd get ministerial approval, and if he was certain there would be, authorisation would never be forthcoming.  This approach was presumably not in operation when two of Gaddafi's opponents were rendered back to the dictator's most notorious jail courtesy of MI6 with Jack Straw's signature, but none of the committee were crass enough to raise the issue. Sawers was also pleased the Justice and Security bill was passed, "as this meant they could "now defend themselves" in such cases, rather than say ensure such embarrassing details as the seven paragraphs never become public again.

You see, secrecy isn't to prevent the services being embarrassed or privacy concerns from becoming known, it's only to ensure those who want to do us harm aren't aware of how we prevent them from doing so, as "nosy" Parker made clear. The idea that GCHQ has been reading everyone's emails and listening in to phone calls just isn't true, said Lobban in response to some very carefully worded questions. Snowden's revelations of course didn't say that they did, as such a thing would be impossible, rather that Tempora has meant they can hoover up all that information. Lobban claimed that their approach was to get to the needle without upsetting the haystack, which was a wonderfully revealing analogy: GCHQ can apparently do the undoable! Or, err, they can't and don't.

Thus we moved on to the ordained Guardian bashing section. Sawers growled that the paper is "not particularly well placed to make [that] judgement" on what would and wouldn't affect national security, echoing the position chairman Malcolm Rifkind had already reached. Sawers added that "our adversaries had been rubbing their hands with glee ... al-Qaida are lapping it up", yet when the three were asked for specific examples of the damage done, they naturally refused to compound it by setting some out.  Lobban said they had "intelligence on specific terrorist groups discussing what they now perceive to be vulnerable communications methods", which rather suggests that, err, they haven't made any such shift yet, and that they might have been rather slapdash in the first place.  All three would expand on the damage done, but only in a closed session, meaning us proles will never be able to judge whether or not the three were telling the truth. Their point was also slightly undermined when they accepted that the ISC had not been kept informed of how their capabilities had developed, learning along with the rest of us from the Guardian, but this too would now be remedied in a closed session. No one suggested that this was perhaps a little late, nor does it inspire confidence they will be more up front in the future.

There were also some great big pork pies in amongst the dull stuff.  Parker, quite incredibly, said that MI5 "was not arguing for more intrusion and more and more powers", even going so far as to say they had turned down "disproportionate" offers in the past.  Really?  Did MI5 really tell Blair and then Brown they didn't want 90 days or 42 days detention?  Eliza Manningham-Buller might have said she didn't believe it was necessary, but that's not the same thing.  As for the data and communications bill we know full well all three agencies have been lobbying hard for, and which would have enshrined in law the powers the Guardian revealed GCHQ already has, we heard absolutely nothing about it.

The committee, with the possible exception of Lord Butler who asked a couple of the more searching questions, completely flunked the opportunity to get any real nuggets of information out of the three.  No one thought to ask why it was the Americans have funded GCHQ to the tune of £100m over the past three years, or what GCHQ meant when they boasted to the NSA that the "legal framework" here was a "unique selling point".  We also didn't hear why it was that only the prime minister and relevant secretaries knew about Tempora, with the national security council and other senior ministers not being informed.  If we're being charitable, perhaps two out of the Guardian's ten questions were somewhat addressed.  The rest were clearly far too pointed.
 

The real purpose of today was to present the illusion of oversight.  All three intelligence chiefs thought the current regime worked quite well, as indeed it does, for them at least.  When the head of the committee asking the questions makes clear the media simply doesn't have the knowledge to make a decision on what might damage national security, and so shouldn't publish anything without first consulting the very people they're about to expose, it's abundantly clear the entire system is a joke.  Even with its expanded powers, the ISC is a fig leaf, and whether the secret state likes it or not, it's one that goes on shrinking.  The sooner we have a regulator that's worthy of the name, the sooner the public concern about privacy and civil liberties will subside.  Sadly, that seems as far away as ever.

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The point of a secret service to to be secret.
Holding showbiz type enquiries don't help much.
As for privacy etc - you have much more to fear from your elected politicians - maybe you haven't noticed how you can't say this and can't do that.
Your children are being indoctrinated - and not by the secret service.

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