National Security Minister Brig. John Sandy piloted the ‘Interception of Communications Bill, 2010’ Friday stating that the proposed legislation is a response to the "outrage" felt by the government and the nation by the acts of illegal wiretapping by the Security Intelligence Agency (SIA).
"Mr. Speaker, Honourable Members, this responsible Government is here to underscore, once again, that it shall always ensure that the rule of law is adhered to in Trinidad and Tobago and even more so, that public safety and security are achieved via a legitimate, comprehensive and well-coordinated security framework," Sandy said.
He noted that criminals have become more sophisticated that ever and the government has an obligation to use added modern technology to maintain "public order, the security of the State and the prevention, investigation, detection and prosecution of crime.”
Sandy said both the government and the opposition are aware of the sensitive privacy issues that are involved in this matter.
"So Mr. Speaker, to suggest, as has been implied by those intent on being mischievous, that the government was dismantling or undermining national security agencies, systems and strategies, is furthest from the truth," he said in reference to comments made by critics who believe that the government is not properly dealing with the issue.
He reiterated that the government is making an attempt to strengthen, not weaken the security of the nation.
"What we are attempting to dismantle is the dictatorial power of a sick mind; a manic mind; a manic man. Never again in this country must citizens be exposed to that manifestation of tyranny. Never again," he told MPs.
The minister was adamant that the proposed legislation would assist in accomplishing the protection of national security. He said it is necessary for the common good of society.
"We cannot and must not subject our innocent, law abiding citizens, especially of the stature revealed in this Honourable House, to the invasion of their privacy," he said.
Sandy pointed that eavesdropping legislation is neither unique nor novel. "The United Kingdom, Canada, United States, Australia, Jamaica and St. Lucia are just a few countries that already have this legislation that facilitates interception," he pointed out.
He said the proposed bill caters for both intelligence and evidence which would augur well for increase in crime detection as well as convictions. At the same time he stressed that "anyone who would enjoy electronic eavesdropping and the invasion of privacy for personal gains, is a sick mind, a manic mind, a manic man."
Sandy cited a Privy Council report on electronic surveillance as a tool to deal with crime which he said is the single most powerful tool for responding to serious and organised crime because:
• It carries very low risk of putting police officers in danger, or warning the suspect of police interest in him
• It is flexible and uniquely easy to put in placed quickly
• It is less costly and less intrusive than for example covert entry, surveillance or eavesdropping
• It can help ensure the safety of law enforcement personnel; and prevent serious crimes from occurring, as well as to collect evidence of crimes being committed
Sandy said in drafting the bill the government took into consideration the various risks and concerns about privacy:
• regulate interception
• ensure interception is proportional to the offence
• maintain confidentiality
• safeguard records and keys
• make the State accountable
• provide for judicial oversight
• allow communication derived from interception to be admissible
• mandate Parliamentary scrutiny through the laying of an annual report in the Parliament
• protect citizens from being victims of misuse and abuse.
He said, "Without a doubt, as important as this Intercept legislation is to ensuring the safety and security of our citizens and our country, it must be guided by law.
"Collectively we are here to safeguard the privacy of our citizens and collectively we are committed to using every tool at our disposal to ensure the safety of the citizens of Trinidad and Tobago. It is Government’s belief that this Bill fulfils both objectives, by striking an appropriate balance," the minister said.
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