Banks asks for guiding principles in GCSB Bill; Dunne says oversight panel not enough

John Banks says he is in discussions with Prime Minister John Key and officials over the inclusion of a set of guiding principles in the Government Communications Security Bureau and Related Legislation Amendment Bill.

The ACT leader has indicated he will support the GCSB Bill.

Yesterday, independent MP Peter Dunne, a crucial swing vote on the finely poised legislation, said he was pleased the PM had accepted his proposal for a three-person oversight committee, but that more changes were needed to earn his support. 

Mr Dunne has refused to say if he will compromise on his earlier stance that only the SIS should be involved in domestic spying.

The government needs either the support of NZ First or Mr Dunne to pass the legislation.

“The prime minister believes the idea has merit and I welcome today’s announcement that officials will commence work on this proposal to provide some advice to the Intelligence and Security Committee,” Mr Banks said this afternoon of his guiding principle concept.

“I believe it is important that we have a clear statement in law that the GCSB protects, defends and upholds our basic freedoms as New Zealanders.

“There is a set of principles in the SIS Act which could be a good starting point. These principles include contributing to a secure, independent, free and democratic society and acting in accord with human rights standards recognised by New Zealand law. 

"This would include the New Zealand Bill of Rights Act. I look forward to receiving the advice,” Mr Banks said.

ACT has also asked that the Office of the Inspector-General of Security and Intelligence is "beefed up". The Inspector-General provides independent oversight and acts as a complaints mechanism for New Zealanders.

“I appreciate John Key’s leadership in building a parliamentary majority for the bill and I will continue to work with the Prime Minister over the coming weeks to ensure the legislation is clear and robust,” Mr Banks said.

Extract from the New Zealand Security Intelligence Service Act 1969

4AAA   Principles underpinning performance of functions

• (1) In performing its functions under this Act, the Security Intelligence Service—
  • (a) contributes to keeping New Zealand society secure, independent, and free and democratic:
  • (b) contributes to the participation of New Zealand in the maintenance of international security:
  • (c) acts—
    • (i) in accordance with New Zealand law and all human rights standards recognised by New Zealand law, except to the extent that they are, in relation to national security, modified by an enactment:
    • (ii) in the discharge of its operational functions, independently and impartially:
    • (iii) with integrity and professionalism:
    • (iv) in a manner that facilitates effective democratic oversight.

(2) Subsection (1) does not impose particular duties on, or give particular powers to, the Security Intelligence Service, the Director, any employee of the Service, or the Minister.

Section 4AAA: inserted, on 13 July 2011, by section 6 of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

4AA Political neutrality of New Zealand Security Intelligence Service

• (1) The Director must take all reasonable steps to ensure that—
  • (a) the activities of the Security Intelligence Service are limited to those that are relevant to the discharge of its functions:
  • (b) the Security Intelligence Service is kept free from any influence or consideration that is not relevant to its functions:
  • (c) the Security Intelligence Service does not take any action for the purpose of furthering or harming the interests of any political party.

(2) The Minister may not direct the Security Intelligence Service to institute the surveillance of any person or entity or any class of person or entity within New Zealand.

(3) The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to security.

(4) Subsection (2) prevails over section 4(1).

Section 4AA: inserted, on 1 September 1999, by section 4 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).