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Urgent confirmation needed that Wilson doctrine is still in place.

First Minister Nicola Sturgeon has sought urgent assurances from the Prime Minister that the communications of MSPs have not been intercepted by the intelligence agencies following a report that the Wilson doctrine is no longer being applied in Scotland.

In a letter to Mr Cameron, the First Minister has asked for urgent clarification on an apparent change of policy from GCHQ that suggests the doctrine – which enshrines the confidentiality of MP communications – is not being followed in relation to Holyrood members.

The letter, which seeks immediate confirmation that the intelligence agencies will treat MSPs in the same way as Westminster members, also confirms that the Scottish Government was not consulted on changes to the doctrine ahead of the apparent change in policy.

The full text of the First Minister’s letter to the Prime Minister is below. 

Dear Prime Minister,

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. I am sure you will also agree that it is just as important for MSPs as it is for MPs. This principle of confidentiality is what the ‘Wilson doctrine’ was introduced to protect.

You will therefore understand my concern at suggestions in the Daily Record and elsewhere – reportedly supported by documentation shown to the Investigatory Powers Tribunal – that, while GCHQ had been applying the Wilson doctrine to the communications of MSPs, that is no longer the case. The Scottish Government has not been consulted on any such matter. I would therefore be grateful for urgent responses to the following questions:

1. Are these reports correct in stating that there has been a change of policy and that GCHQ has ceased to apply the Wilson doctrine to the communications of MSPs?
2. If so, why was this decision taken, when and by whom was it taken, and was there any ministerial knowledge or approval?
3. Has there in fact been any interception of MSP communications?
4. Will you give an immediate assurance that this policy change by GCHQ will be reversed and that the Wilson doctrine will again be applied to MSP communications, and indeed to the communications of other devolved Parliamentarians and Assembly members?
5. Will you give an assurance that, with respect to the Wilson doctrine, MSPs will in future be treated equally to MPs by all of the intelligence agencies?
6. Francis Maude, MP, then Minister for the Cabinet Office, made a commitment in the House of Commons on 12 March 2014 to look at policy in relation to the Wilson Doctrine, along with the Home Secretary and yourself. Can you confirm what progress has been made in that work and whether its scope has included consideration of the position of Scottish parliamentarians?

I am copying this letter to the Secretary of State for Scotland and the Presiding Officer.

Nicola Sturgeon