[asia-apec 969] NZ: Apec and Botched SIS break-in

[Gatt Watchdog]

Sunday Star-Times
Opinion, 13/12/98

We need spies we can trust

New Zealand's spies have had it too easy for too long. Last week
the Court of Appeal decided, rightly, to make their lives a
little more difficult.

The politician in charge of the SIS will no longer be able to fob
off inquiring judges with a note saying, "National security - mind
your own business".  At last the spies and their political friends
are being dragged towards the light.

The particular case - the botched SIS burglary of a flat belonging
to anti-Apec protester Aziz Choudry - is worrying for all the
usual reasons.  It was proof of the spies' howling incompetence.
And it looks suspiciously political: harassment of dissidents
rather than the pursuit of subversion.  Prime Minister Shipley's
vague and curt memo to the court trying to block further
revelations does nothing to allay these suspicions.

She may be able to fix the immediate problem, either by giving
more detailed information to the judges or by allowing them to
view SIS papers.  This would set a helpful precedent.  As Justice
Thomas put it:  "The courts today are not prepared to be
awe-struck by the 'mantra' of national security."

But much more radical changes are needed.  The 1996 reforms were
supposed to modernise the service and make it accountable.  In
some ways they made things worse.  The new definition of security
- it now includes the "international wellbeing or economic
wellbeing" of New Zealand - is meaningless.  It is a charter for
abuse.  The state religion changes from anticommunism to free
trade, but the secret priesthood can still carry on persecuting
unbelievers.

The new intelligence watchdogs are gummy old mutts.  The
parliamentary committee is not allowed access to operational
details; it is therefore powerless.  The inspector-general's
powers are limited.  Interception warrants still require only the
say-so of the PM.  So a politician, temporarily perched atop the
greasy pole, is expected to abandon the habits of a lifetime and
act impartially in this highly political matter.

If we must have an intelligence service - the point is arguable
- it must be a new one.  The SIS is hopelessly compromised by its
history which combines bungling and excessive political zeal.
With the collapse of communism, it lost 90% of its reason for
existence.  In a brilliant bureaucratic counter-attack, it saved
its empire and gained a bogus new mission.

A replacement service would be much smaller and it would have a
civilian chief.  Our spymasters have usually been former military
men; their background in the authoritarian culture of the services
should actually have disqualified them.  MPs on the oversight
committee  would have automatic access to operational details, as
would the inspector-general.  Judges, not politicians, would issue
interception warrants.  Then we might finally have a spy service
we could trust.


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