The "Wilson Doctrine" under which British security services will not tap or otherwise intercept the communications of MPs is not legally enforceable, the Investigatory Powers Tribunal has ruled.
The judgment in Caroline Lucas MP & Ors v Security Service & Ors [2015] UKIPTrib 14_79-CH means that assurances on surveillance from Prime Ministers of the last 50 years, dating back to Harold Wilson, have no legal effect. The Wilson Doctrine is therefore merely “a political statement in a political context, encompassing the ambiguity that is sometimes to be found in political statements”.
Lucas and Baroness Jones of Moulsecoomb complained that their communications had been intercepted in breach of the Wilson Doctrine. Their concerns arose from revelations by Edward Snowden about the Tempora programme, a means by which the security services monitor electronic communications data in the UK.
Rosa Curling, solicitor at Leigh Day, which acted for Lucas, says: “The Wilson Doctrine was put in place to reassure members of the public that their correspondence with their political representatives would be protected.
“This protection was, and continues to be, required so the public feel able to raise complaints about government policies and to expose wrongdoings of the government, without the government or its agencies snooping on these communications. Urgent steps must now be taken to ensure the principles behind the Wilson Doctrine are incorporated into law.”
