The SIS Amendment Bill
December 7th, 2010 at 10:00 am by David FarrarThe PM has introduced an SIS Amendment Bill to the House. I’ll turn to the substance in a second, but first a matter of process. Some of the usual idiots are complaining that any submissions on the bill will be heard in private.
It is actually against the law to hear the submissions publicly – unless there s unanimous consent by members of the committee. I quote s12(2) of the Intelligence and Security Committee Act 1996:
The proceedings of the Committee shall be held in private unless the Committee by unanimous resolution resolves otherwise.
The substance of the changes are:
- clarify that the warrant framework does cover the use of electronic tracking devices:
- provide a clear framework for facilities to be the subject of surveillance (such as telephone numbers or IP addresses).
- authorities provided to the NZSIS also require clarification in the area of computer-based
- clarify protections in the Act for persons acting in accordance with a warrant:
They have also published a regulatory impact statement.
Related posts:
- Search and Surveillance Bill rewrite
- Births, Death, Marriages and Relationships Amendment Bill
- Law Commission on Search and Surveillance Bill
- Bell Gully on Search and Surveillance Bill
December 7th, 2010 at 10:12 am
John Key didn’t just say that the Committee’s proceedings would be private. He said they would be secret.
You will be aware that Standing Orders (specifically S.O. 214 and 215) recognise a substantial difference between private evidence (which becomes public once the Committee Reports to the House) and secret evidence (which never does).
You note that unanimous consent is required before evidence is heard by the Committee other than in private. This cuts both ways. Not only must there be unanimous consent for hearing to be public, there must also be unanimous consent for hearings to be secret. That means agreement from National, ACT, Labour, the Maori Party and the Green Party. Does John Key have that agreement?
Vote:December 7th, 2010 at 10:26 am
Or more accurately some of the usual idiots are misrepresenting the process under which submissions on this bill will be heard.
Vote:December 7th, 2010 at 10:32 am
I should add … I suspect Key meant private. It’s what he initially said, and the answers he gave to the effect that it will be secret were probably made not fully appreciating the distinction.
Vote:December 7th, 2010 at 10:35 am
I think I saw one of those idiots on TV this morning. Name began with “L” I think.
Vote:December 7th, 2010 at 11:02 am
I am in favour of the SIS having the tools necessary to keep up with changing communications media however I still have a concern as to the level of intrusion that is being sanctioned and can only hope that the courts consider carefully the validity of the case presented when warrants are sought.
Vote:December 7th, 2010 at 11:21 am
It is proper for the SIS to be able to operate with the right legislation, however, what is worrisome is that after more than 50 years existence they still don’t get it with respect to accountability.
The public do not have a need to know about SIS operations but it does have the absolute right to know that laws about to be passed are indeed necessary. It is not unreasonable to expect the head of the SIS to front up to a select committee and publicly justify the need for the law change.
In countries like Australia, America, England and Canada this type of legislation would always be fully discussed, openly, so that the public could be reassured it was necessary – that is the true measure of a democracy.
We are on a slippery slope to third-world status when obviously controversial legislation like this can be introduced without the public being satisfied it’s legislators are going to properly consider all arguments for and against the legislation.
Vote:December 7th, 2010 at 11:45 am
In countries like Australia, America, England and Canada this type of legislation would always be fully discussed, openly, so that the public could be reassured it was necessary – that is the true measure of a democracy
England? Don’t make me laugh. MI5 went for 75 years without any legislation and its very existance wasn’t referred to in Parliament.
Vote:December 7th, 2010 at 12:16 pm
I’m applying my usual litmus test on this one. Keith Locke is against it, so it’s probably very sound policy!
Vote:December 7th, 2010 at 1:12 pm
Keith Locke :
Vote:“I would feel more comfortable in the company of those arrested in the raids than I would among some of my fellow MP’s in Parliament”.*
http://newzeal.blogspot.com/search?q=Keith+Locke
No need for caution?:
http://www.webcitation.org/5TKxD2fdq
December 7th, 2010 at 1:19 pm
The SIS is merely an information gathering and analysis service. It way off beam to liken them to some sort of secret police with power of arrest and detention. But greater transparency is desirable providing this is consistent with operational effectiveness. As for intrusion providing information gathered is kept secret and is used ONLY for the purposes of the security of the state I do not much care what they know about me.
Vote:December 7th, 2010 at 3:28 pm
tvb kindly volunteers:
Well I and a great many other people do care tvb. We can’t rely on the government of the day not abusing the powers (after all, they abuse every other power, then retrospectively make it all legal). We can’t rely on the SIS not sharing information with the police, who aren’t “merely an information gathering and analysis service” but have this annoying habit of fitting people up.
So how about we do it like this… you and people who feel the way you do can send the SIS a letter inviting them into your home any time you’re out, providing them with your internet passwords, bank details and other private information and promising never to use encryption or other methods designed to keep their noses out of your life.
Then they an have fun trawling through your life and leave the rest of us the hell alone.
Vote:December 7th, 2010 at 4:44 pm
What’s Keith getting his nickers into a twist for, give it a month or so and the useful idiots will be able to read all about it on Wikileaks.
Vote:December 7th, 2010 at 5:23 pm
Bomb
Airport
Right lets wait for tomorrows episode when Farrar tells us about the blackshirts who broke down his door tomorrow morning
Vote:December 8th, 2010 at 9:32 am
Rex my life is boring. The state does not have the resources to concern themselves with me and people like me. As for you I am not so sure, you seem to be very sensitive, perhaps they had better have a look.
Vote: