Intercept evidence cautiously backed

The prime minister has backed the findings of a review on allowing phone-tap evidence to be used in court.

In a statement to MPs on Wednesday, Gordon Brown unveiled the results of Sir John Chilcot's seven-month review on the issue.

It concluded that "it should be possible to find a way to use some intercept material" but that "further extensive work is needed".

Brown had commissioned the privy council report last year after saying that he "favoured the principle" of bringing more anti-terror cases to court through the use of wire-tap evidence.

And he revealed that the former senior civil servant Sir John had recommended lifting the ban in a limited number of situations.

Britain is one of few countries in the world to ban the use of evidence from phone-calls, emails, letters and faxes in prosecution cases.

The security and intelligence services have been opposed to a change in the law, as they fear it could expose their methods.

Brown acknowledged that the use of intercept in evidence characterises "an essential dilemma" between liberty and security.

He added that he "favoured the principle of using intercept material as evidence in criminal cases if, but only if, a way can be found to do so while protecting the higher interests of national security".

'Conditions'

The report "concludes that it should be possible to find a way to use some intercept material as evidence provided, and only provided, that certain key conditions can be met", the prime minister told the Commons.

"These conditions relate to the most vital imperative of all, that of safeguarding our national security."

Brown said the government accepted the report's conclusions "and takes the accompanying conditions very seriously".

He noted that there are already "limited circumstances" where the evidence can be used in court, with appropriate safeguards, such as being heard in closed session.

"For any new regime, the Chilcot report sets down conditions," he added.

"They start from the proposition that any material risk to the strategic capability of the UK's intelligence agencies would be unacceptable.

"And that any disclosure of interception capabilities could have a profound impact on national security. And this is right."

Control

Brown said the key condition of the nine recommended would be "giving intercept agencies an ability to retain control" over the use of evidence.

"Disclosure cannot be required against the wishes of the agency originating the material," he explained.

Another proviso would be "protecting the current co-operation between the agencies is crucial".

"The report is clear that if the conditions cannot be met then intercept as evidence should not be used and the government accepts this," he concluded.

Brown also said there was "no evidence to suggest that the need for other measures, such as control orders, will be reduced".

In light of the report and that "further extensive work is needed", the prime minister said separate implementation and advisory groups would be appointed and an implementation plan produced.

Support

The Conservatives and Liberal Democrats, who had led calls for the review, both welcomed the report and called for the implementation process to be quick.

Tory leader David Cameron thanked Sir John and his team for their work.

"They have done their job and now the prime minister must do his," he said.

The implementation group "must not be a taking shop for further delay" he urged Brown.

"There will never be unanimity in Whitehall... there has got to be a political decision and that means him".

Lib Dem leader Nick Clegg said he welcomed "warmly" that the report had "opened the door on allowing the use of intercept evidence in court, even if that door is only ajar".