Holyrood’s Presiding Officer has welcomed a letter from the Prime Minister in which he gave an assurance that he will have no role in any decision to spy on a parliamentarian taken by Police Scotland and authorised by the Scottish Government.
Tricia Marwick wrote to David Cameron asking how the Wilson Doctrine – the presumption against spying on parliamentarians – was being applied in the Scottish Parliament.
It followed concerns by First Minister Nicola Sturgeon about “an apparent change in policy” from the UK intelligence agencies that the doctrine would not apply to MSPs.
The Prime Minister made a statement to parliament yesterday insisting parliamentarians have the same protections from official spying as any other citizen and that the Wilson Doctrine is not “an absolute bar to the targeted interception of the communications of MPs or an exemption from the legal regime governing interception”.
He has asked to be consulted if a secretary of state issues a warrant for “targeted interception and electronic surveillance and equipment interference undertaken by the security and intelligence agencies” of a parliamentarian.
Mr Cameron then wrote to Ms Marwick confirming that MSPs will have the same protections as MPs, MEPs, Lords and members of the devolved assemblies, with the additional assurance he will not interfere in investigations conducted by Scottish authorities.
He said: “The safeguards for all parliamentarians will be the same, with one exception: the Prime Minister will play no role should there ever be any proposal to conduct any such activity by Police Scotland, where these warrants are authorised by the Scottish Government.
“It would be up to the Scottish Government to decide how to handle any such case, should it ever arise.”
Ms Marwick replied: “As you know, the alleged disparities in the way MSPs and MPs’ communications were treated was of great concern to me and to Members of the Scottish Parliament generally.
“I therefore welcome your letter and written statement yesterday which set out assurances and safeguards and put parliamentarians, from across the UK, on an equal footing.
“I will watch with close interest the progress of the draft Investigatory Powers Bill at Westminster given the importance of this issue to Members of the Scottish Parliament.”