School of Social and Political Sciences - Theses
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ItemHas accountability kept up with the use of coercive powers information?( 2012)Accountability has struggled to keep up with the use of information derived from the use of coercive powers (legislative powers conferred on government agencies permitting them to require the production of information in the form of oral evidence or documents). The collection and use of information derived from coercive powers has reflected a general trend in the pursuit of collective security towards the collection, dissemination and use of intelligence. However, unlike the collection and use of evidence, which must conform to high standards of reliability, intelligence can be taken from any source and its veracity is uncertain. Further, it is collected and used in an environment of secrecy. This trend presents a threat to individual rights and the efficient allocation of law enforcement resources, as illustrated in three case studies. The use of intelligence is far less amenable to traditional accountability mechanisms such as the courts. There are significant barriers to litigation. Where the courts do consider the use of coercive powers information they confine themselves to a consideration of whether there is constitutional and/or legislative power rather than considering merits. Judges are able to consider the use of coercive powers information in their personal capacity but this is not without controversy and they cannot test the veracity of that information. Further, legislative measures aimed at protecting human rights, privacy and granting access to information are ineffective due to law enforcement exemptions and exceptions. However, the pursuit of collective security must also involve effective accountability for the use of coercive powers information. That accountability is best provided by a multi-faceted and inter-related regime involving adequate controls (legislation, policies and procedures); routine, independent and informed oversight; review mechanisms and the fostering of a culture of compliance with the law and other controls. There is also the need to be able to test the veracity of coercive powers information at the point it is used for warrants and like authorities. These measures have been adopted to varying extents in relation to the use of coercive powers information. Accountability must keep moving in that direction if it is to be effective and enhance collective security.