Damning GCSB report makes for 'sobering reading' - KeyUPDATED 17:12
Published: 9:18AM Tuesday April 09, 2013 Source: ONE News
The top secret review into the Government Communications Security Bureau (GCSB) , which was leaked to media yesterday, has been officially made public this afternoon.
The 71 page report by senior public servant Rebecca Kitteridge, which was ordered after the illegal raid on Kim Dotcom's Coatesville mansion, reveals a series of failings within the bureau's management and culture, which led to the illegal spying.
The minister responsible for the bureau, Prime Minister John Key, said the report "makes for sobering reading", and has found "systemic failings".
It shows that at least 88 people may have been spied on between April 2003 and September last year on behalf of domestic spy agency, the Security Intelligence Service (SIS).
"Police have conducted a thorough check of all their systems," Key said in a statement released this afternoon.
"Police advise that no arrest, prosecution or any other legal processes have occurred as a result of the information supplied to NZSIS by GCSB."
He said he has written to the Inspector General of Intelligence and Security and asked him to look into those cases.
"I have asked him to inquire into each of these cases to determine in each case whether or not GCSB has acted in compliance with the law. I have requested that the Inspector General determine whether any individuals have been adversely affected and, if so, what action he recommends be taken."
He said not his "intention to disclose details of those cases", but the results of the review will be made public after its completion.
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'Oversight of the agencies and the legislation'
Key said the legislation governing the GCSB is not fit for purpose, and when he returns from China he will announce "details of legislative proposals the Government will be bringing to Parliament to remedy the inadequacies of the GCSB Act".
"We are going to be moving swiftly to reform the oversight of the agencies and the legislation."
Key said it was critical the spy agency has a clear legal framework to operate within, as currently there are difficulties interpreting the legislation.
The Prime Minister said while he was ultimately the person in charge, he was not alerted to any concerns about what was going on until July 2012.
Asked about the oversight of the agency by its former head Bruce Ferguson, Key said he was "entitled to be able to rely on good day to day management of the GCSB and the report suggests that was not the case."
He said he was disappointed the report was leaked as he did not want to be talking about it now and said it was not him who leaked it.
He said the Government will be talking to other political parties over the coming weeks about any proposed changes.
"I'd like to make it clear that Ms Kitteridge's review found staff members at the GCSB take their jobs seriously and care deeply about operating within the bounds of the law."
Change ahead
Deputy Prime Minister Bill English says change is likely in New Zealand's intelligence agencies after looking at the report.
"I think the report shows a number of longstanding issues that the Government's been looking at now for a couple of years," he said before the report was officially released today.
"And it highlights the fact that the legislation for GCSB was probably legally flawed right from the start."
English said there are underlying issues with the legislation dating back 10 years, across a number of Governments, and a number of directors.
He said there had already been some organisational changes at the spy agency, and the "Government will be moving over the next couple months to making public a comprehensive response to that report".
Major overhaul
Key received the report last month, and said last week the report represented a "major overhaul" of the GCSB.
If the cases are confirmed as breaching the rules, it will mean the scale of the problems at the GCSB are far greater than had been previously revealed.
Director Ian Fletcher said in February there were only three cases, other than the Dotcom raid, where the GCSB had potentially broken its rules by spying on New Zealand nationals.
And he said the bureau had been cleared of misconduct in all the instances.
'Failure of leadership'
Labour Leader David Shearer says Key's "failure of leadership over our spy agencies" was exposed with his admission today that he was briefed about the potential illegal surveillance of New Zealanders in July last year "but took no action".
"He's claimed for months that he knew nothing about illegal spying until September 2012. Yet he's now suddenly remembered that he was actually told about concerns two months earlier in July 2012."
He said "it also defies belief that at the July briefing Kim Dotcom's name was not mentioned, given it was the very reason spy chiefs were debating the legality of their surveillance in a broader sense".
He said Key sat back and waited to be informed by the spy agency, and had been "appallingly lax".
Shearer said earlier today that he was"not dodging" the fact that Labour was in power when the law was introduced.
"But what we need now is a full independent inquiry".
He said there is an urgent need for all New Zealand's intelligence agencies to be independently reviewed, saying that "the GCSB doesn't act alone".
"It needs to be looked at not just as the GCSB but their relationship with the SIS, their relationship with the police and most importantly the lines of accountability that go right to the Prime Minister".
The Green Party has called for a Commission of Inquiry to be held.
Published: 9:18AM Tuesday April 09, 2013 Source: ONE News
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The top secret review into the Government Communications Security Bureau (GCSB) , which was leaked to media yesterday, has been officially made public this afternoon.
The 71 page report by senior public servant Rebecca Kitteridge, which was ordered after the illegal raid on Kim Dotcom's Coatesville mansion, reveals a series of failings within the bureau's management and culture, which led to the illegal spying.
The minister responsible for the bureau, Prime Minister John Key, said the report "makes for sobering reading", and has found "systemic failings".
It shows that at least 88 people may have been spied on between April 2003 and September last year on behalf of domestic spy agency, the Security Intelligence Service (SIS).
"Police have conducted a thorough check of all their systems," Key said in a statement released this afternoon.
"Police advise that no arrest, prosecution or any other legal processes have occurred as a result of the information supplied to NZSIS by GCSB."
He said he has written to the Inspector General of Intelligence and Security and asked him to look into those cases.
"I have asked him to inquire into each of these cases to determine in each case whether or not GCSB has acted in compliance with the law. I have requested that the Inspector General determine whether any individuals have been adversely affected and, if so, what action he recommends be taken."
He said not his "intention to disclose details of those cases", but the results of the review will be made public after its completion.
Advertisement
'Oversight of the agencies and the legislation'
Key said the legislation governing the GCSB is not fit for purpose, and when he returns from China he will announce "details of legislative proposals the Government will be bringing to Parliament to remedy the inadequacies of the GCSB Act".
"We are going to be moving swiftly to reform the oversight of the agencies and the legislation."
Key said it was critical the spy agency has a clear legal framework to operate within, as currently there are difficulties interpreting the legislation.
The Prime Minister said while he was ultimately the person in charge, he was not alerted to any concerns about what was going on until July 2012.
Asked about the oversight of the agency by its former head Bruce Ferguson, Key said he was "entitled to be able to rely on good day to day management of the GCSB and the report suggests that was not the case."
He said he was disappointed the report was leaked as he did not want to be talking about it now and said it was not him who leaked it.
He said the Government will be talking to other political parties over the coming weeks about any proposed changes.
"I'd like to make it clear that Ms Kitteridge's review found staff members at the GCSB take their jobs seriously and care deeply about operating within the bounds of the law."
Change ahead
Deputy Prime Minister Bill English says change is likely in New Zealand's intelligence agencies after looking at the report.
"I think the report shows a number of longstanding issues that the Government's been looking at now for a couple of years," he said before the report was officially released today.
"And it highlights the fact that the legislation for GCSB was probably legally flawed right from the start."
English said there are underlying issues with the legislation dating back 10 years, across a number of Governments, and a number of directors.
He said there had already been some organisational changes at the spy agency, and the "Government will be moving over the next couple months to making public a comprehensive response to that report".
Major overhaul
Key received the report last month, and said last week the report represented a "major overhaul" of the GCSB.
If the cases are confirmed as breaching the rules, it will mean the scale of the problems at the GCSB are far greater than had been previously revealed.
Director Ian Fletcher said in February there were only three cases, other than the Dotcom raid, where the GCSB had potentially broken its rules by spying on New Zealand nationals.
And he said the bureau had been cleared of misconduct in all the instances.
'Failure of leadership'
Labour Leader David Shearer says Key's "failure of leadership over our spy agencies" was exposed with his admission today that he was briefed about the potential illegal surveillance of New Zealanders in July last year "but took no action".
"He's claimed for months that he knew nothing about illegal spying until September 2012. Yet he's now suddenly remembered that he was actually told about concerns two months earlier in July 2012."
He said "it also defies belief that at the July briefing Kim Dotcom's name was not mentioned, given it was the very reason spy chiefs were debating the legality of their surveillance in a broader sense".
He said Key sat back and waited to be informed by the spy agency, and had been "appallingly lax".
Shearer said earlier today that he was"not dodging" the fact that Labour was in power when the law was introduced.
"But what we need now is a full independent inquiry".
He said there is an urgent need for all New Zealand's intelligence agencies to be independently reviewed, saying that "the GCSB doesn't act alone".
"It needs to be looked at not just as the GCSB but their relationship with the SIS, their relationship with the police and most importantly the lines of accountability that go right to the Prime Minister".
The Green Party has called for a Commission of Inquiry to be held.
