Spy law review no longer Dunne deal

National backed off a deal to review the treatment of private communications and metadata as part of an overhaul of privacy and spying laws.

The promise was made to UnitedFuture leader Peter Dunne as quid pro quo for his support for the controversial Government Communications Security Bureau bill.

The back off has come as the intelligence and security watchdog revealed yesterday a fresh blunder by Government spooks. The SIS was found to gone ‘‘beyond powers’’ by warning off a suspect in an alleged assassination plot.

Dunne came under fire

last year for backing a bill that beefed up the powers of the GCSB, in the wake of an illegal spying scandal. Metadata from his emails and telephone calls was supplied to the Government-ordered Henry inquiry into the leak of a GCSB report into the scandal.

He justified his stance, saying he negotiated a ‘‘comprehensive work programme’’ to update the definition of private communications, including the treatment of metadata, across legislation including the GCSB and SIS Acts, the Crimes Act, and the Search and Surveillance Act. This was to take place as part of a review of 20-year-old privacy laws.

But a package of proposals was announced on Wednesday – with no concession to Dunne’s concerns. Justice Minister Judith Collins says they are on hold until work on those proposals is complete and new privacy legislation is drafted.

Dunne, who was reinstated as a minister in October, said yesterday he was ‘‘not happy’’ and would raise the matter with Prime Minister John Key.

‘‘I am concerned at the time implications,’’ he said. A review of the security services is to take place next year.

‘‘It would be helpful to have some clarity on these issues by the time,’’ he said.

Nevertheless, he agreed to support the controversial GCSB legislation after getting concessions from Key in July last year.

Under the revamped laws, reports resulting from InspectorGeneral of Intelligence and Secur- ity inquiries are required to be published. Inspector-General Cheryl Gwyn unveiled the first two yesterday.

Her predecessor Andrew McGechan found an SIS officer overstepped boundaries when questioning former Fiji government minister Rajesh Singh in July 2012.

Singh denied involvement in a plot to kill military leader Frank Bainimarama. Officer A ‘‘warned’’ off Singh saying such activities would not be tolerated by the Government.

McGechan ruled this kind of ‘‘planned disruption’’ was not within the scope of SIS functions, which are to gather intelligence, not enforce security.

‘‘This, in my view, was action taken to enforce security and was beyond powers,’’ he said. He ordered the SIS to stop until it sought advice from the Crown Law Office.

Key insisted the SIS ‘‘acted lawfully’’.

Collins said the work Dunne wants would require consideration of other legislation.

‘‘The work is part of stage three of the Law Commission’s Review of Privacy . . . the Ministry [of Justice] has been progressing stage four of the review that recommends the Privacy Act be replaced by a new Act.

‘‘Proposals have recently been approved by Cabinet and work is progressing on the draft legislation with respect to stage four. Once this work is complete the Government will progress stage three of the review.’’