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Home Office

Answer

Mr. Livingstone: To ask the Secretary of State for the Home Department if he will make a statement on the extent of the surviving Police Special Branch historical records; and for what reasons retention in Department under section 3(4) of the Public Records Act 1958, still applies to these records and those of M16. [89629] Mr. Straw: The Public Records Act 1958 applies to the Metropolitan Police Special Branch, but not to Special Branches in other police forces. The inclusion of the Metropolitan Police reflects the relationship that continues to exist between the Secretary of State for the Home Department and the Metropolitan Police Service. However, all Special Branches in England, Wales and Scotland operate under the published "Guidelines on Special Branch Work in Great Britain". Paragraph 20 of the Guidelines requires each Special Branch to maintain an effective system for: "the identification and destruction of information which can no longer be clearly related to the discharge of its functions". Because Special Branches need to meet local policing needs--as determined by their respective Chief Constables--as well as assisting the Security Service in carrying out its statutory duty under the Security Service Act 1989, they may need to keep records on individuals who, while ceasing to be of interest to the Security Service, remain of interest in a wider policing context. Decisions on the retention of such records are, therefore, an operational matter for the Chief Constable of the force concerned. Her Majesty's Inspectorate of Constabulary does, however, reinforce the importance of ensuring that the Guidelines are adopted nationally as the basis for handling personal records. With respect to the retention of Secret Intelligence Service (MI6) records under section 3(4) of the Public Records Act 1958, I refer my hon. Friend to the reply given by my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs to the hon. Member for Lewes (Mr. Baker) on 12 February 1998, Official Report, column 324.

Secondary information

Type

Written question

Reference

89629; 334 c539W

Session

1998-99

Subjects

Disclosure of information Intelligence services Public records MI5 Metropolitan Police Special Branch