Article by the Delegated Authority Mr. Gianni Letta
published on the January 2010 issue of the monthly magazine "Formiche"

I take this opportunity that "Formiche" has kindly given me to make some general considerations about the state of the intelligence reform two years and a half after its enactment.

Law no. 124 of 3 August 2007 is one of the rare instances of bipartisan legislation passed by the Italian Parliament in the difficult field of institutional reforms. It is an example to follow from several points of view. Wide political consensus resulted in a far-reaching reform, which has deeply innovated one of the most delicate sectors of Italy ’s public administration.

Undoubtedly, it is also a very complex act of Parliament as to its implementation. Twelve regulations now integrate law provisions, forming an organic and unified body of law through which the reform is unfolding its effects – not much visible considering the matters involved, yet very concrete.

It was a demanding legislative effort both for the innovation involving several aspects and the significant organizational impact of relevant provisions. Suffice it to mention the regulations governing two typical aspects of intelligence operations in detail, such as cover identities and simulated economic activities.

But more importantly, all this complex process has been carried out in close and fruitful cooperation with the renewed Parliamentary Oversight Committee (COPASIR), which is required by law to give its opinion about the regulations drafted by the Government.

In its first yearly Report to Parliament, the Committee itself highlighted the "excellent and constant institutional cooperation with the Government as to national security – a relationship that responds to their respective needs to manage intelligence services effectively and to give the Parliamentary Committee a more satisfying role."

If we consider that the law prescribes that the Committee consist of an equal number of members of the majority and the opposition, and the Chairman be a member of the opposition, the bipartisan spirit which inspired Parliament was evident during the first implementation stage and still is now - I assure you - with the system operating at full capacity.

This is a political and institutional element of great importance for the success of an act of Parliament which had a necessarily ambitious and far-reaching goal – the establishment of an intelligence "system" – to guarantee a primary Constitutional value, "the security of the Republic".

Recently, the Constitutional Court referred to the "supreme interest of the security of the State as an international legal personality, that is the interest of the State as a community for its own territorial integrity, independence and – at worst – survival."

As the Constitutional Court underlined, this interest is mentioned under Article 52 of the Italian Constitution, which states that defending one’s country is a sacred duty of the citizen. Such provision is not isolated, as it must be "related to other Constitution provisions governing unavoidable aspects of our State" such as "national independence, the principles of the unity and indivisibility of the State (Article 5) and the provision summarizing the essential characters of the State itself in the formula "democratic Republic"".

This wording – quoted from the Judgment of the Constitutional Court no. 106 of 3 April 2009 - not only successfully summarizes the Court’s jurisprudence consolidated over the last 30 years, but also acknowledges the constitutional framework involved in - and based on – the institutional missions that the reform entrusted to intelligence agencies. Such missions involve - for the AISE - gathering and processing "all intelligence that serves to defend the independence, integrity and security of the Republic", and - for the AISI - gathering and processing "all intelligence that serves to defend the internal security of the Republic and its underlying democratic institutions as established by the Constitution".

In a few words, their mission is gathering and processing all intelligence that serves to defend the Republic, i.e. not only the State apparatus, but also the State as a community – as the Constitutional Court has conveniently highlighted.

In other – less legal – words, the reform aims at putting intelligence at the service of the system of national interests, and, as a result, it considers intelligence itself a system, i.e. several entities cooperating among each other to pursue the common aim coinciding with salus rei publicae itself.

The notion of system is the key to interpret the implementation of the new discipline – to work as a system means, in this case, to be able to diminish the separateness among the various entities coordinating their activities without prejudice to confidentiality - an essential requirement for success.

In this perspective, of fundamental importance is the choice made by the legislator to concentrate the overall political responsibility of security intelligence in the hands of the head of government, following the example of most western democracies.

Thus the strengthened role of the Interministerial Committee (CISR), assisting the President of the Council of Ministers, is also in line with such approach, as it ensures the coordination of intelligence requirements at the highest level. This is the precondition for quality intelligence responding to the requirements of both the Government and the country. The tasks of the Committee also include "making decisions regarding the lines and general goals of security intelligence policy".

Diminishing separateness means also to leave room for scrutiny: from parliamentary oversight, as I mentioned, to internal auditing carried out by the DIS's Inspection Office – a unit introduced for the first time and now fully operational.

Finally, diminishing separateness means to overcome the old culture of suspicion by beating new paths indicated by the reform, such as institutional communication and promotion of the culture of security.

In both cases, it is a demanding task, thus to be started as soon as possible. And that was done launching the new website (www.sicurezzanazionale.gov.it) which provides significant interactive tools, such as the possibility for all Italian citizens to match their resumes with the Security Intelligence System’s requirements.

Certainly, these are just the first small steps, but firm ones, in the belief that the future of the new Italian intelligence depends also on the capability to establish a significant relationship with the fundamental sectors of the nation, first of all the young, the academic and cultural community, industry and the media.

And this encounter with "Formiche", through the Italian intelligence website, shows that we are on the right path.

Gianni Letta

 

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