MSPs urge Prime Minister to appoint interception commissioner after report is delayed

David Cameron has been urged to swiftly appoint a new commissioner for Britain’s surveillance watchdog after it emerged failure to do so is holding up a report into whether police used spying powers to identify journalists’ sources.

The Interception of Communications Commissioner’s Office (IOCCO) started an inquiry into two unnamed UK forces - one of which is claimed to be Police Scotland - for “serious contraventions” of its code of conduct in July.

Interception of Communications Commissioner, Rt Hon. Sir Anthony May - who oversaw phone-tapping and interceptions by the security services and police - stepped down later that month with the Prime Minister yet to appoint a successor over two months on.

It emerged last week that failure to do so has left IOCCO, which has completed its investigations and prepared conclusions, unable to publish its findings, with the watchdog’s head Jo Cavan admitting to MSPs its “hands are tied”.

Holyrood’s Justice Committee has now written to Cameron as well as the chairman of the House of Commons’ Home Affairs Committee asking for an explanation.

“The committee considers early publication of the IOCCO’s findings to be in the public interest and we are therefore very disappointed that the delay in appointing a new Commissioner is continuing to frustrate publication,” writes convener Christine Grahame.

“The committee notes that it is for the Prime Minister to appoint a new Commissioner and we would urge you to do so expeditiously. We would also be grateful if you could share with us any reason for the delay.”

A Sunday Herald investigation claimed Police Scotland was one of the forces looked at by IOCCO, allegedly failing to get judicial approval before using the Regulation of Investigatory Powers Act to identify a journalist’s source.

Police Scotland has repeatedly refused to confirm or deny it is under investigation, saying it is “inappropriate” to comment.