Security Service MI5
The Security Service, also known as MI5, originated in 1909 as the internal arm of the Secret Service Bureau, under Army Captain (later Sir) Vernon Kell, tasked with countering German espionage. In 1931 it assumed wider responsibility for assessing threats to national security which included international communist subversion and, subsequently, fascism. In 1952, in the early stages of the Cold War, the work of the Service and the responsibility of the Director General were defined in a Directive many of whose provisions were later incorporated in the Security Service Act 1989.
The Security Service (commonly known as MI5) is responsible for security intelligence work against covertly organised threats to the nation, such as terrorism, espionage and the proliferation of weapons of mass destruction. It also assists law enforcement agencies in countering serious crime. The Service operates within a statutory framework under the authority of the Home Secretary. It does not investigate individuals or organisations unless they fall within its statutory remit. It has no executive powers, such as the authority to arrest people.
The Security Service is the security intelligence agency of the United Kingdom. Its functions are to protect national security, to safeguard the economic well-being of the UK against threats from overseas, and to act in support of the police and other law enforcement agencies in the prevention and detection of serious crime. The Security Service's key responsibility is for intelligence work to investigate and counter covertly organised threats. These include terrorism, espionage and the proliferation of weapons of mass destruction. In addition it provides security advice to help reduce vulnerability to threats. The Service exists under the authority of the Secretary of State (the Home Secretary), who answers to Parliament for the Service.
The Security Service Act 1989 sets out the functions of the Service and describes the nature and range of threats that the Service is responsible for countering:
"The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means.
"It shall also be the function of the Service to safeguard the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands."
In 1996, the Security Service Act was amended by the addition of a serious crime function which took effect in October of that year:
"It shall also be the function of the Service to act in support of the activities of police forces and other law enforcement agencies in the prevention and detection of serious crime."
The protection of national security and economic well-being and the prevention of crime are recognised in Article 8 of the European Convention on Human Rights as providing a legitimate basis, in appropriate cases, for interference by a public authority with an individual's right to respect for his or her private and family life, home and correspondence. Case law under the Convention (the Leander case of 1987) also recognises that a State may set up a security service to gather and disclose information on citizens; but the State must put the security service on a clear legal basis, and must also ensure that there are adequate and effective guarantees against abuse. These requirements are reflected in the legislation for the Service, which sets out a number of statutory mechanisms for the oversight and control of the Service and its work.
One of the responsibilities that the Security Service Act places on the Director General is to ensure "that the Service does not take any action to further the interests of any political party". This encapsulates the important principle that in a democracy a domestic security service must be apolitical: its role is to protect democracy, not to influence its course. This means that the Service must not act in a way that might be seen as favouring one political party. It also means that the Government of the day may not press the Service into any action for party political reasons.
Security intelligence work involves the investigation of organisations or individuals who pose security threats (such as terrorists), and the provision of advice and assistance to protect against those threats.
The Service's judgments about the focus of its work are subject to external scrutiny, including by Ministers. The Service's investigations are intended to obtain pre-emptive information, such as details of plans and capabilities. It aims to do so undetected by the targets of its investigations, sometimes over a long period. Intrusive covert methods, such as the use of telephone interception and concealed microphones, may sometimes be necessary. Of the many investigations that may be under way throughout the Service at any one time, only a small proportion will involve the use of intrusive techniques. Tight controls apply to the use of intrusive techniques and to the management, retention and disclosure of the Service's records. The intelligence obtained is used as the basis for planning actions to counter the threat.
These actions are often taken in collaboration with other organisations, notably the police. Intelligence is also used as the basis for advice to Government on the nature of the threat, and for the formulation of practical advice on what protective action might be appropriate, for example, in terms of the physical security of buildings, or the vetting of staff in sensitive positions. The Service sometimes provides evidence in support of criminal prosecutions resulting from its work.
Today the Security Service Act forms the statutory basis for the Service, which is placed under the authority of the Home Secretary. The Act also sets out the functions of the Service, as well as certain controls and oversight arrangements. As the UK's domestic security intelligence agency the Service's purpose is to protect the State against substantial, covertly organised threats, primarily from terrorism, espionage and subversion. Most recently, since the passing of the Security Service Act 1996, its role has been expanded to provide support to law enforcement agencies in the field of organised crime.
The present Director General of the Security Service is Mr Stephen Lander, who took office in April 1996. He replaced Dame Stella Rimington who had become Director General of MI5 in February 1992. She had been the first woman to hold the post and the first person Director General whose name was made public.
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