Marshall: Interception bill ‘nothing to fear’ for law-abiding Barbadians

Attorney General Dale Marshall has moved to allay public concern over the government’s planned Interception of Communications Bill, insisting that the sweeping new surveillance powers would only be used in cases of serious crime or national security, and remain tightly controlled by judicial oversight.

In the House of Assembly on Friday, Marshall said interception warrants could only be sought for matters of national security or for offences listed in the First Schedule of the bill, which includes murder, treason, terrorism, human trafficking, kidnapping, money laundering, major firearms offences, corruption and drug trafficking, among others.

He said: “The Barbadian that is law-abiding has nothing to fear, simply because this bill only allows for the interception of communication in an instance where an individual is involved in the criminal activity that we’ve outlined in the schedule.” 

Also moving to address rumours that justices of the peace will have the authority to sanction a warrant, the attorney general said only the commissioner of police or the director general of the Anti-Corruption and Anti-Terrorism Unit will be permitted to apply for an interception warrant, and only the Chief Justice, or another judge he assigns, will be able to authorise it.

Marshall further underlined that applications must be specific about the type of communications to be intercepted, demonstrate how the information would assist the investigation, and prove that other investigative methods have failed or are unlikely to succeed.

Warrants will be valid for a maximum of 120 days and may be extended for a similar period by a judge.

Any intercepted material that is privileged or irrelevant to the investigation must be destroyed.

In addition to judicial oversight, the bill establishes an Independent Monitoring Authority to oversee the process from start to finish.

The three-member body will include a retired judge, a representative from civil society, and another member appointed by the minister with Cabinet approval.

Marshall described the authority as an important “guardrail” to ensure interception powers are not abused.

“We’ve gone from a situation where there were no guardrails. There was nobody to say stop… In this Act, we’re saying the judge has the authority to do all of those things. But in addition, we have established an independent monitoring authority,” he said, noting that it works alongside the courts to provide two layers of protection.

The attorney general’s defence of the bill comes as members of the public and the Opposition have voiced unease about the potential for “wiretapping” abuse.

Marshall stressed that the narrow scope of offences, the requirement for judicial authorisation, and the independent oversight structure mean interception powers will not be used against ordinary citizens.

“Unless you fall within the four corners of this act, you don’t have a thing to worry about,” he said.

(SM)