Spying by the Security Service when investigating criminal activity should be authorised by the judiciary and not the minister, according to José Herrera.

A long-standing advocate for reform to the service, Dr Herrera, who is the Competitiveness Parliamentary Secretary, believes a distinction should be drawn between criminal investigations and matters of national security.

When contacted yesterday, he held to his conviction that in matters of a purely criminal nature, the warrant to authorise tapping of e-mails or phones should be issued by a member of the judiciary.

“I believe wholeheartedly in the independence of the judiciary and I still hold the opinion that the government should remain aloof of criminal investigations,” he said.

As the law stands, the Security Service has to seek the Home Affairs Minister’s authorisation to snoop on individuals.

On various occasions in the past 15 years Dr Herrera has voiced his belief that the system of checks and balances on the service should be beefed up.

However, he insisted that in matters concerning the security of the State, the authorisation to spy on people should still be issued by the government.

“On issues that concern the State, such as an influx of irregular migrants or terrorist threats, the government should still be able to oversee such investigative processes,” he added.

I still hold the opinion that the government should remain aloof of criminal investigations

Another change Dr Herrera would like to see is more transparency in the way the intelligence agency issues security clearances for people in sensitive public posts.

The agency carries out background checks on individuals but it is not legally obliged to provide any reason for refusing a security clearance.

A constitutional case involving a soldier, who is claiming that he was denied the right to contest his clearance refusal, was filed last year.

The case is still pending but Dr Herrera believes people should be given a reason why clearance was denied and a chance to contest the decision.

His comments come on the back of renewed interest in the way the Security Service operates after international telecoms giant Vodafone said its networks in countries where it operated were completely accessible to intelligence agencies.

Vodafone’s worldwide tell-all Law Enforcement Disclosure Report confirmed a situation that had already been highlighted as far back as 2005 by the media in Malta.

The Home Affairs Ministry subsequently pledged to analyse the Security Services law that gives the intelligence agency wide-ranging powers and stipulates the overseeing structures.

Judge Frank Camilleri, who is the watchdog on the Security Service, told Times of Malta that the law needed “revisiting” and “touching up” in quite a few areas.

ksansone@timesofmalta.com