‘Wiretap’ law, lie detector testing in national security laws overhaul

New legislation to permit the use of wireless surveillance as admissible evidence in court and lie detector tests for individuals with access to sensitive areas is to be introduced in an overhaul of the national security framework, Prime Minister Mia Mottley announced on Thursday.

A draft of the proposed wireless intercept law had been reviewed by a subcommittee of the Advisory Council on Citizenship Security, chaired by legal scholar Professor Velma Newton. That subcommittee has now completed its work, and the legislation is currently awaiting consideration by the full council before being sent to Attorney General Dale Marshall.

Mottley told reporters at a press conference: “We would have spoken previously to you that a consultative process on wireless intercept legislation and being able to use the intercepts as evidence in a law court is something that we would wish to pursue. The subcommittee that has reviewed the legislation, has finished their work.

“It has now to go to the full council. The Cabinet and the Parliament will take the necessary steps to introduce that legislation, conscious that in many instances intel is available, but if you can’t use that intel as evidence, there is then a break between what you can carry to court and what you know,” she added. “The government has determined that we cannot continue to have that situation obtain, and therefore we want to bridge the gap with the passage of the legislation. Once we get it back from that advisory council, that will move with dispatch.”

In a parallel initiative, the prime minister revealed that Barbados is also preparing to introduce “truth verification” or polygraph testing to strengthen national security protocols.

The policy has been the subject of months of discussions led by the attorney general and the permanent secretary in the Prime Minister’s Office, who also serves as secretary to the National Security Council. These talks have included workers’ representatives, trade unions, and private sector stakeholders.

Mottley explained: “The truth verification testing is not focusing on any category of worker; it’s focusing on persons who have access to certain secure spaces. If you have access to certain secure spaces, then we need to ensure that you are acting with the integrity that we need you to act with such that the rest of the society is not put at risk.

“The truth verification testing, therefore, is a fancy set of words—effectively a lie detector test—and therefore it will be subjecting both public and private sector persons. We accept that persons cannot be forced in certain circumstances to do it and therefore if they can’t work they won’t have access to those areas and may have to be placed in other jobs, but the AG will continue those discussions and set a timeline.”

To support the implementation of this initiative, the government has spent the past year building capacity, training personnel, and acquiring the necessary equipment. Mottley noted that Barbados is now in a position to begin administering the tests.

“We are at a stage now ready to execute and I expect therefore that the AG will be meeting with the unions in the next week, ten days, to be able to set the timelines for that to become live,” she said.

shamarblunt@barbadostoday.bb