22 July 2013

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.

ENDS

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