Swing vote Dunne supports GCSB Bill after changing tune on domestic spying; Peters holds out

Swing vote Peter Dunne says he will support the GCSB Bill.

The independent MP has previously maintained surveillance of NZ residents should only be carried out the SIS.

Today he reversed that position, albeit with the proviso that the Inspector-General must review all warrants.

The goverment has agreed to a number of other minor changes. New vaguely-sketched general review criteria include annual reports on the number of warrants issued, and the number of instances of cooperation with the Police, SIS or NZ Defence Force.

Mr Dunne says he has achieved "major changes" in his negotiations with John Key; opponents of the bill may be of the opinion it was the PM who won the biggest concession. Green co-leader Russel Norman immediate labeled the deal a "stitch-up" and the changes "cosmetic."

Will the self-styled United Future leader's GCSB Bill be enough to earn him an election-time cup of tea with the Prime Minister?

Perhaps, a Beehive insider tells NBR. "But he's already gone to the well once too often."

Cynics will also wonder Mr Dunne's email exchange with reporter Andrea Vance around the time of the Kitteridge Report leak is now less likely to see the light of day.

"Folded"
"Overall we're disappointed that Peter Dunne has folded without really addressing the extensive power grab we see in the GCSB Bill," Tech Liberty cofounder Thomas Beagle tells NBR.

"The improvements to the oversight provisions are welcome but still don't address the major shortcomings there. The fact that such minor changes appear significant just goes to show how weak the Bill's original tweaking of the oversight provisions were. There needs to be some oversight from people who aren't beholden to the system."

GCSB prevails on metadata
"More worrying is that it appears that the GCSB has prevailed when it comes to them being able to collect metadata without a specific warrant and perform mass surveillance of New Zealanders," Mr Beagle says.

These two issues are at the core of international concerns about governments spying on their citizens and the announced changes do very little to address them apart from a vague promise to complete a privacy review in the future. These issues are important and it's unforgivable to say 'Oh, we'll pass the law now and think about tweaking it later'. Dunne has really let everyone down on this one."

Prime Minister John Key says he believes the bill will require a warrant for metadata. He has promised a more detailed statement on the issue with the bill's second reading. Critics will be looking for clarification on the point of whether entire classes of person can be covered by a single warrant.

What data can be handed over?
"His press release also has nothing to say about further controls and clarity on what data the GCSB can hand over to other governments," the Tech Liberty cofounder says.

Silver lining. Sort of.
"We're pleased to hear that the GCSB/SIS will be reviewed in 2015 and every five to seven years after that," Mr Beagle tells NBR.

"However, it seems equally obvious that the time to review them is now, before this bill is passed to give them even more powers."

ABOVE: Dunne and his ever-present mobile during the GCSB Bill select committee hearings.

 "Let’s get it over with as fast as possible"
The goverment's other option for getting the GCSB over the line was NZ First.

But on TVNZ's Q+A programme yesterday, leader Winston Peters said, "I don’t think most parliamentarians have the information required to make a decision ... The fact is it’s been done with breathtaking speed.  The sittings and submissions have been done more on the basis, from my observation – and I was there as an observer – more on the basis of, ‘Let’s get it over with as fast as possible'." 

Asked if he was prepared to support the bill if some concessions were made, particularly around an oversight panel, Mr Peters replied:

"No, it’s a matter of principle.  From the word go, you recall we said back in April that if the legislation had the following features – that is it was going to be overseen by three independent people in whom the public can have confidence;  if, second, it did not infringe the rights – the human rights and civil rights – of New Zealanders; and, thirdly, if it dealt with the issue of the wider cyber issue that’s now not new but in a greater dimension that it has ever been before – then we would seriously look at it.  We’ve not changed our mind on that."

RAW DATA: Peter Dunne press statement

MAJOR CHANGES AGREED TO GCSB BILL

UnitedFuture leader Peter Dunne says the Prime Minister has agreed to major amendments to the GCSB Bill which mean that he will now be able to support the legislation through its remaining stages in Parliament.

Mr Dunne says that as well as the addition of a set of guiding principles into the legislation and the establishment of a two person advisory panel to assist the Inspector-General of Intelligence and Security, the Prime Minister has now agreed to the following additional amendments to the legislation which Mr Dunne will move during the Bill’s committee of the whole stage:

• The removal of the proposed Order in Council mechanism which would have allowed other agencies to be added to the list of agencies able to request assistance from the GCSB. Any additions beyond the Police, SIS and NZ Defence Force will now be required to be made by a specific amendment to the legislation, and not just by regulation as the Bill currently proposes.
   
• To ensure effective oversight in the issuing of a warrant the Bill will be amended so that the Inspector General is informed when a warrant is put on the register relating to a New Zealander.
   
• The GCSB will be required to report annually on the number of instances when it has provided assistance to the Police, SIS or NZ Defence Force.
   
• The GCSB will also be required to report annually on the number of warrants and authorisations issued.
   
• The Intelligence and Security Committee will hold public hearings annually to discuss the financial reviews of the performance of the GCSB and the SIS.
   
• There will be an independent review of the operations and performance the GCSB and the NZSIS and their governing legislation in 2015, and thereafter every 5-7 years.

In addition, Mr Dunne will be working alongside the Minister of Justice on the issues raised by the Law Commission’s 2010 report “Invasion of Privacy: Penalties and Remedies.” This review will include the definition of private communication (and metadata) to ensure a standard definition is developed for insertion in the GCSB and NZSIS Acts, and all relevant legislation such as the Crimes Act and the Search and Surveillance Act.

“These changes substantially address my concerns regarding the Bill as it currently stands, and the Prime Minister’s agreement to my proposed amendments means I am now able to support the Bill.

“I acknowledge the Prime Minister’s willingness to engage on these important issues in the interests of improving the legislation and addressing the legitimate concerns of many New Zealanders.

“Overall, these changes go a long way towards improving the legislation, the accountability of the GCSB and the transparency of its operations, as well as updating and modernising the definitions of private communications to meet today’s circumstances.

“The regular review process also means that our intelligence legislation will be able to keep much closer pace with technological and other developments, and that the situation we faced over the Dotcom affair, as an example, will never happen again,” he says