Josef Hoch, president of the Independent Control Board, views the proposed expansion of powers for the Federal Intelligence Service (BND) as a profound development. He told “Welt am Sonntag” that this represents a true turning point in intelligence operations.
Under the current system, the BND has only been allowed to monitor and observe when a definite attack against Germany was recognized. The planned reforms would allow the BND to act in such situations, although Hoch stressed that these actions would still be subject to oversight. He reassured that the BND would not be granted a license to kill, maintaining a sharp distinction between the intelligence services of a rule-of-law state and those of a dictatorship.
The intelligence reform aims to grant the BND and the Federal Office for the Protection of the Constitution greater powers, while simultaneously restructuring and broadening the legal framework for their control. The Independent Control Board is slated to play a central role in this new arrangement.
“Powers and control are interdependent,” Hoch stated. “If the BND is now allowed to do more than before, that is one aspect. The other is that the control mechanisms can now do more than they have in the past.” He noted that the oversight bodies would be capable of entering the services’ facilities at any time, examining documents, and questioning employees. He deemed this level of scrutiny a “robust control,” even by international standards.
Furthermore, Hoch sees the autonomy of the Control Board as protection against potential political abuse by the intelligence services. As a top federal authority, the Control Board is not subordinate to any ministry. He added that this organizational structure serves as a strong safeguard should a radical government come to power and attempt to use the intelligence agencies against political opponents.
