see the second report, paras. 65-66), in particular abolition of the simultaneous ventilation rule and incorporation of procedures designed to guarantee the privacy of inmates' correspondence with their legal advisers. The Scottish and Northern Ireland standing orders are about to be revised and will incorporate similar amendments to those outlined above, although guidance on these matters has already been issued.
Interception
231. The Interception of Communications Act 1985, which came into force
on 10 April 1986, created a new offence of unlawful interception; put on a statutory basis the procedure for obtaining interception warrants; and required that proper arrangements be made for safeguarding intercepted material, in particular to ensure that the disclosure of such material be kept to the minimum necessary for the purposes described in the Act. The Act provides a means of redress for members of the public who believe that their communications are being intercepted under a warrant: a tribunal with powers including the quashing of warrants and the ability to direct the Secretary of State to pay compensation. The Act also provides for an independent commissioner to review the working of the Act and to report annually to the Prime Minister; this report is to be laid before each House of Parliament and made available to the public.
232. Section 1 of the Act provides for penalties, on conviction on indictment, of imprisonment for a term not exceeding two years or an unlimited fine or both.
233. Under section 2 of the Act, the Secretary of State shall not issue a warrant unless he considers that it is necessary:
(a) In the interests of national security;
(b) For the purpose of preventing or detecting serious crime; or
(c) For the purpose of safeguarding the economic well-being of the United Kingdom. Sections 2-5 of the Act impose further conditions on how this power should be exercised. (These also govern considerations (a) and (b) above.)
234. The Interception Commissioner published, in the annex to his annual report for 1988, statistics on the number of warrants issued by the Home and Scottish Secretaries in each of the years 1985-1988. Both he and the Government consider that to publish figures for the Foreign and Northern Ireland Secretaries would be prejudicial to national security.
Security Service
235. The Security Service Act 1989 places the Security Service on a statutory basis. It identifies in law the functions of the Security Service and the safeguards under which it may obtain and disclose information. It provides for an independent commissioner and tribunal to investigate complaints and to order remedies.