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British intelligence rewrites the rules after Boris Johnson becomes unreachable

New law lets ministers authorize espionage when prime minister is unavailable

1 min read
Boris Johnson [File Photo]

Boris Johnson’s habit of being “unavailable” forced a major update to the rules governing British intelligence operations, according to a newly released report. The Times UK reports that during Johnson’s premiership from July 2019 to September 2022, MI5 and MI6 often struggled to contact him to approve sensitive espionage involving members of parliament.

The issue arose under the so-called Wilson doctrine, first declared in 1966 by Harold Wilson, which limited the interception of MPs’ communications by the security services. Though the doctrine has no legal force, it established a convention that the intelligence agencies would avoid targeting MPs except in extraordinary circumstances. Over time, the rules were formalized, requiring a warrant approved by the prime minister to authorize surveillance.

The recent report from the intelligence and security committee reveals that Johnson’s unavailability—due in part to illness, including his stay in intensive care with COVID-19, and extended periods of foreign travel—left MI5 and MI6 uncertain how to proceed. The Investigatory Powers (Amendment) Act 2024 now allows one of five designated cabinet ministers to approve surveillance if the prime minister is unable to do so. The prime minister must be informed retrospectively.

The committee’s report also highlighted wider issues of oversight, noting that resource constraints had “inhibited” the intelligence agencies’ ability to operate effectively. While the identities of the five ministers authorized to approve surveillance remain secret, it is likely to include the home secretary and foreign secretary. Sources suggest the change is primarily aimed at urgent cases involving MPs who may be contacted by foreign actors, such as recent alerts over LinkedIn accounts linked to Chinese intelligence.

The disclosures shed new light on Johnson’s often strained relationship with the intelligence services. Reports suggest that even as foreign secretary, he had alarmed spy chiefs by inadvertently sharing classified information. The committee concluded that the updated guidance strikes a careful balance between national security and constitutional safeguards, ensuring MPs’ communications remain largely protected while allowing agencies to act when time-sensitive matters arise.

Sri Lanka Guardian

The Sri Lanka Guardian is an online web portal founded in August 2007 by a group of concerned Sri Lankan citizens including journalists, activists, academics and retired civil servants. We are independent and non-profit. Email: editor@slguardian.org

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