KAMLA: Legislative Protection and Independent Oversight Needed to Leash Rogue SSA
The shock revelations about extortion and subterfuge at the Strategic Services Agency (SSA) confirm the validity and timeliness of proposals presented by the Opposition during the recent Parliamentary debate on amendments to the relevant law.
Media reports have disclosed illicit backroom manoeuvres, including selling State intelligence secrets, scheming measures to remove the SSA head and extortion involving certain rogue officers.
These are extremely serious and deeply worrying national developments.
The Opposition had sought to avert these and similar dishonest and far-reaching occurrences through thoughtful and carefully researched amendments to the Strategic Services Agency (Amendment) Bill.
The proposals were presented during debate in the House of Representatives and the Senate last May.
The Government high-handedly and callously rejected each measure.
The Opposition’s amendments were intended to negate the abuse of national intelligence powers as are now being reported in the daily media.
The well-considered proposals were meant to achieve the following:
Appropriately balance privacy rights with national security objectives;
Provide mechanisms to reduce the likelihood of abuse of power by the political directorate and/or employees of the Agency;
Provide a proportionate level of independent oversight and monitoring and to institute an independent tribunal to hear complaints in keeping with international best practice;
Establish safeguards to ensure proper use of intelligence information.
Acceptance of the Opposition’s amendments would have forestalled the current blatant abuse of power, politicisation and absence of independent oversight.
The present situation exists only because of the lack of proper and effective mechanisms in the amended Strategic Services Agency Act to define the Agency’s remit and to ensure that its powers are clearly outlined in law.
Specifically, the Opposition had proposed:
Establishment of a civilian oversight committee comprised of former judges and empowered to conduct investigations into the Agency’s activities and to make recommendations;
The Agency respect human rights standards adopted by Trinidad and Tobago to prohibit discriminatory use of power, on the basis of political affiliation, gender, ethnicity and other factors;
The insulation of the Director and Deputy Director from the political directorate by their appointment by the President after consultations with the Prime Minister and Leader of the Opposition;
The creation of criminal offences for employees of the Agency and the Intelligence Review Commission by unauthorised destruction of intelligence records;
Creation of provisions related to the management, custody, and access to the database of the Agency.
The Opposition remains ready, available and keen to work toward remedying the legislative loopholes that have facilitated the current disturbing abuse of power at this critical intelligence agency.
The Honourable Kamla Persad-Bissessar, SC, MP
Leader of the Opposition