To ask the Scottish Executive whether it supports the use of Special Branch informants to obtain information on democratic political parties in Scotland.
The use by the police, including Special Branches, of covert human intelligence sources is governed in Scotland by the Regulation of Investigatory Powers (Scotland) Act 2000 (RIP(S)A) and Regulation of Investigatory Powers Act 2000 (RIPA).
Section 7(3) of RIP(S)A requires that any officer within a Scottish police force who grants an authorisation for the conduct or use of a covert human intelligence source must be satisfied that the authorisation is necessary for:
the purpose of preventing or detecting crime or of preventing disorder;
in the interests of public safety, or
for the purpose of protecting public health.
Section 28(3) of RIPA provides the following additional grounds:
in the interests of national security, or
in the interests of the economic well-being of the United Kingdom.
The collection and interpretation of intelligence by police Special Branches for these purposes plays an important part in ensuring the safety of communities across the United Kingdom and the Scottish Executive supports this work.
Under section 23 of RIPSA and section 65 of RIPA, any person who is aggrieved by any conduct to which the acts apply may complain to the Investigatory Powers Tribunal if they believe that the conduct took place in relation to them or their property in challengeable circumstances.