General Intelligence Laws Amendment Bill [B25-2011]: deliberations

Ad Hoc Committee on General Intelligence Laws Amendment Bill (NA)

26 February 2013
Chairperson: Mr C Burgess (ANC)
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Meeting Summary

The Committee commenced deliberations on the General Intelligence Laws Amendment Bill.  The Chairperson gave an overview of the background to the Bill and the major issues the proposed legislation was intended to address.  The Bill gave legal effect to the establishment of the State Security Agency, as announced in the Presidential proclamation issued in September 2009.  Provision was made for placing the various security agencies under the auspices of the State Security Agency.  Oversight over the intelligence services was conducted by the Joint Standing Committee on Intelligence.

The Bill included amendments to the National Strategic Intelligence Act, 1994, the Intelligence Services Oversight Act, 1994 and the Intelligence Services Act, 2002.  The Electronic Communications Security Pty Ltd Act was repealed and the functions of the entity were transferred to the State Security Agency.  The proposed amendments were mostly technical in nature.  Concurrent technical amendments to twelve other Acts of Parliament would also be made.

Members of the Committee and the public had raised concerns over certain amendments that indicated a significant departure from the current policy on intelligence.  The Minister of State Security had indicated that the provisions concerning the National Intelligence Coordinating Committee would be withdrawn from the Bill.  A new White Paper on Intelligence would be formulated, with input from the public.  The State Security Bill would be introduced after the revised White Paper had been finalised.

The Member representing the Democratic Alliance listed the centralisation of security services under a single entity, the broad mandate of the State Security Agency and the provisions concerning foreign signals as areas requiring further consideration.  He agreed to provide the Committee with a written document, outlining his concerns and suggestions.  The Chairperson felt that the Bill should exclude provisions concerning the interception of foreign telecommunications signals as this issue should be dealt with by the Joint Standing Committee on Intelligence.

The Committee adopted the minutes of the meetings held on 20 April 2012, 21 November 2012 and 12 February 2013.

Meeting report

The Committee commenced deliberations on the General Intelligence Laws Amendment Bill.  The Chairperson gave an overview of the background to the Bill and the major issues the proposed legislation was intended to address.  The Bill gave legal effect to the establishment of the State Security Agency, as announced in the Presidential proclamation issued in September 2009.  Provision was made for placing the various security agencies under the auspices of the State Security Agency.  Oversight over the intelligence services was conducted by the Joint Standing Committee on Intelligence.

The Bill included amendments to the National Strategic Intelligence Act, 1994, the Intelligence Services Oversight Act, 1994 and the Intelligence Services Act, 2002.  The Electronic Communications Security Pty Ltd Act was repealed and the functions of the entity were transferred to the State Security Agency.  The proposed amendments were mostly technical in nature.  Concurrent technical amendments to twelve other Acts of Parliament would also be made.

Members of the Committee and the public had raised concerns over certain amendments that indicated a significant departure from the current policy on intelligence.  The Minister of State Security had indicated that the provisions concerning the National Intelligence Coordinating Committee would be withdrawn from the Bill.  A new White Paper on Intelligence would be formulated, with input from the public.  The State Security Bill would be introduced after the revised White Paper had been finalised.

The Member representing the Democratic Alliance listed the centralisation of security services under a single entity, the broad mandate of the State Security Agency and the provisions concerning foreign signals as areas requiring further consideration.  He agreed to provide the Committee with a written document, outlining his concerns and suggestions.  The Chairperson felt that the Bill should exclude provisions concerning the interception of foreign telecommunications signals as this issue should be dealt with by the Joint Standing Committee on Intelligence.

The Committee adopted the minutes of the meetings held on 20 April 2012, 21 November 2012 and 12 February 2013.

Documents

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