Sturgeon asks if MSPs are spied on

GCHQ could be spying on MSPs and other politicians after reportedly changing guidance on snooping rules.

Nicola Sturgeon, the Scottish First Minister, has demanded urgent assurances from David Cameron over claims that the spy agency told staff that rules on monitoring politicians did not apply to devolved governments.

It raises the prospect that the intelligence agency could be monitoring representatives of the Scottish, Welsh and Irish assemblies, as well as MEPs.

A government lawyer yesterday told a legal hearing that the rules protecting Westminster MPs could not survive in an age of bulk data collection.

GCHQ has recently changed guid- ance on the Wilson Doctrine, claimed the Daily Record. It was introduced in 1966 under Harold Wilson, the Labour prime minister, to ban the tapping of MPs’ and peers’ phones and was later extended to cover emails.

The doctrine was drawn up before the devolved governments existed, but even as recently as March the agency said it applied the principles to British MEPs and members of the Scottish, Welsh and Northern Irish assemblies.

However, according to papers obtained by the newspaper, the guidance changed last month to say: “The doctrine does not apply to ... the interception of communications of Members of the European Parliament or devolved assemblies.” Ms Sturgeon wrote to the Prime Minister asking that he clarify whether communications from MSPs have been intercepted by the intelligence agencies.

She said the Scottish Government had not been consulted on the apparent change, adding: “I am sure you will agree with me that, excepting truly exceptional circumstances involving national security, the confidentiality of communications between parliamentarians and their constituents is of the utmost importance.”

She also sought assurances that if the reports were true, the policy change would be reversed and MSPs will be treated equally to MPs.

Iain Gray MSP, Scottish Labour’s acting leader, said: “It is utterly unacceptable for the communications between devolved representatives across the UK and their constituents to be monitored by GCHQ. There needs to be full transparency from the UK Government on this. We need to know urgently who decided on this major rule change and when.” Tricia Marwick, the Scottish Parliament Presiding Officer, also wrote to Mr Cameron seeking clarification.

The papers were obtained as a legal challenge over the Wilson Doctrine is being heard by the Investigatory Powers Tribunal. It has been brought by the Green Party’s Caroline Lucas and Baroness Jones, and George Galloway, the former Respect MP.

James Eadie QC, for the Government, told the hearing yesterday that the doctrine “simply cannot work sensibly” when bulk interception of data is taking place.