BRIEF HISTORY OF SIRP
The National Salvation Junta (JSN) extinguished the Security General-Directorate right after the Revolution of 25 April 1974. However it was acknowledged that military secrets had to be safeguarded and that turmoil in public opinion should be avoided. Therefore, an ad-hoc, provisional committee was established operating under JSN, so as to control the press, the radio and television; it was intended to continue operating until the Interim Government would publish new laws for the media.
In the meantime, national intelligence became the province of the Armed Forces. Reporting to the Chief of Defence (CEMGFA), the 2nd Division of the Armed Forces General Staff (EMGFA), later known as DINFO, was commissioned to co-ordinate and centralize intelligence activities at national level.
That Division became headed by the then Colonel Pedro Cardoso, in July 1974. At this time a structure began to be organised that would allow for the inception of an intelligence service.
However, in spite of the efforts to build a real, duly organised, centralised and co-ordinated intelligence service, with qualified staff, that would study intelligence, in the mainland and in the colonies, external intelligence and counter-intelligence, it was impossible to avoid parallel intelligence carried out by opportunistic groups. Some of those groups had ties to political parties or to trade unions, backed by members of the Prime Minister’s Cabinet, the President, the Armed Forces Movement Liaison Committee, the Cabinet of members of the National Salvation Junta, the Chief of Staff’s Cabinet or even the Decolonization Committee. This led to anarchy, making it impossible to bring intelligence under central control and fostered a general atmosphere of suspicion.
To counter this situation, Prime Minister Brigadier Vasco Gonçalves tried to organise an intelligence service in November 1974, named National Intelligence Department. This did not come into effect for lack of qualified staff for that service and for the 2nd Division of EMGFA.
The Directing Service for the Coordination of Intelligence (SDCI) was set up in May 1975, under Law-Decree 250/75, of 23 May. It reported to the Council of the Revolution.
The Directing Service for the Coordination of Intelligence was short-lived. It was formally closed on 21 May 1976, under Law-Decree 385/76; however, it technically ceased to run on the evening of 25 November 1975, when the coordination of intelligence was resumed by the 2nd Division of EMGFA.
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1st SIR[P] proposal
The idea lingered of setting up a national intelligence service. President and Chief of Staff General Ramalho Eanes approached the then Commander of the Military Academy, Brigadier Pedro Cardoso, encouraging him to leave the Academy so as to head national intelligence, still in 1976. Ramalho Eanes formally invited Pedro Cardoso to head national intelligence in April 1977.
Brigadier Pedro Cardoso submitted a Project in May 1977 on the Intelligence Service of the Republic (SIR) and it was approved. The project was delivered still in May to the President’s legal counsellor and a Work Group was appointed to study the SIR legislation and structure.
However, despite all stated good intentions and efforts to set up SIR, there was no political will to pass the law. After several drafts, the 2nd Division of EMGFA remained the only body “allowed” to treat intelligence in Portugal.
Even though internal instability and insecurity had long nurtured the need for a national body aimed at coordinating and centralizing intelligence, a number of events were decisive to its inception: the self-denominated 25 April Popular Forces and terrorist attacks on national territory by foreign terrorist groups – the murder of Issam Sartawi on 10 April 1983, in Montechoro, while attending a Socialist International Meeting; and the attack against the Turkish Embassy in Lisbon, in July of the same year by the Armenian terrorist group ASALA.
An intelligence service was needed to support Government and Public Administration bodies; one which would contribute through studies and analysis to effective governance and enable early detection of risks, vulnerabilities and threats to national independence, and help preserve unity and security of the State.
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SIRP
The Portuguese Republic Intelligence (SIRP) System Draft Law was published in the Parliament Gazette of 13 January 1984. Its submission was justified by the need to lay down a legal frame for the Government bodies and services in charge of treating and disseminating the intelligence necessary to National Defence, to the mission of the Armed Force, to the security of the Rule of Law and to secure democratic lawfulness. Mention was made that the intelligence services would have a structure similar to that of the services in place in European democratic countries. This draft was discussed from March to April 1984, when it was approved on the whole and Parliamentary Committee was appointed for detailed discussion and separate voting. A period of 30 days, extendable for another 30 days, was established for the Parliamentary Committee to assess the project.
Detailed discussion and separate voting by the Parliamentary Committee of the SIRP Draft Law took place from May to July 1984 and the Parliamentary Committee’s Report was published in the Parliament Gazette on 24 July. The Law was approved by Parliament on 26 July 1984 and published in the Official Journal on 5 September of the same year under No. 30/84. SIRP acquired legal form and the Intelligence Services were established within it.
Under Law 30/84 the following bodies (public services in nature) were part of the SIRP structure:
- Intelligence Services Oversight Committee (CFSI);
- Higher Council of Intelligences (CSI);
- Technical Committee (CT);
- Defence Strategic and Military Intelligence (SIED);
- Military Intelligence Service (SIM);
- Security Intelligence Service (SIS).
It was also stated that the aims of SIRP were met through the remit and powers f the Services set up by law. While complying with the Constitution and the Law, Intelligence Services should produce the intelligence necessary to safeguard national independence and secure internal security. Their activities should abide by the following restrictions:
Gathering, treating and disseminating intelligence that might put at stake any citizens’ rights, freedoms and guaranties enshrined in the Constitution and the law. To that end, such services should comply with any legal restrictions on the protection of rights, freedoms and guarantees in relation with Information Technology
President General Ramalho Eanes promulgated still in 1985 four sets of legal provisions that regulated the Portuguese Republic Intelligence System Framework-Law and were published on 4 July of that year:
Law-Decree 223/85, on the activities of the Services within SIRP and the operation regulations of the Higher Intelligence Council and of the Technical Committee; Law-Decree 224/85, on the structure of Defence Strategic Intelligence Service; Law-Decree 225/85, on the structure of the Security Intelligence Service; and Law-Decree 226/85, on the structure of the Military Intelligence Service.
The SIRP Organic Law was modified in 1995 by Law 4/95, of 21 February. Among the the changes brought about by this law, some concerned the structure of SIRP. The Military Intelligence Service (SIM) was closed down and a military component was added to the Defence Strategic Intelligence Service (SIED) – an “M” was added to its acronym and henceforth it became the Military Defence Strategic Intelligence Service (SIEDM). Law 15/96 of 30 April was published in 1996 under which the powers of the Oversight Committee were reinforced. Law 75-A/97, of 22 July was approved the following year (1997), modifying the procedures under which members of the Oversight Committee were to be elected. Law 4/2004 further amended the SIRP Framework Law and was approved on 6 November. Among such amendments, particularly noteworthy are the new position of SIRP Secretary-General and the loss by SIED of its military component - resuming its original name, Defence Strategic Intelligence Service (SIED), as laid down by Law 30/84, of 5 September.
Law 9/2007, of 19 February was approved, just like Organic Law 4/2004 of 6 November, by a large Parliament majority. It laid down the provisions regarding the SIRP Secretary-General, and SIED and SIS under a single Act. Hence, it filled a legal void in the regulation of the SIRP Secretary-General while harmonising legal schemes on the heads of service, the action principles, the organizational make-up, and the heads of department and staff of SIED and SIS.
Law 9/2007, of 19 February, also established common structures to both Services (SIS and SIED) directly under the Secretary-General. Such common structures built on the possibility that had been left open by Organic Law 4/2004, of November and merged flexible core units that had had the same remit up to that date. Such restructuring of the areas established by the Framework Law – merging financial and administrative units, the human resources departments, IT departments and security departments – aimed at rationalizing the financial and human resources, which were quite limited. In particular, it placed the production of intelligence at the heart the Intelligence Services’ activities.
Hence, Common Departments to SIED and SIS were established. Their Head Office is located at the D. Carlos I Fortress, Ameixoreira. They include the Human Resources Common Department – where the SIRP Intelligence School operates – the Financial and General Support Department, and the Security Common Department. All non-operational units have, therefore, been merged. Besides allowing for the total commitment of both Services to the area of intelligence production and having the powers of the heads of such departments focus directly on such issues, these provisions introduced rationality and scale economy in the system while fostering cooperation and coordination between the Services. Furthermore, they materialize a Support Services-sharing policy in line with a reformist course of action recommended for public services at large.
Domingos Manuel Martins Jerónimo, the first SIRP Secretary-General was appointed on 30 November.
Júlio Alberto Carneiro Pereira was appointed SIRP Secretary-General on 3 May 2005.
TopReferences:
CARDOSO, Pedro – As informações em Portugal, [Lisboa], Nação e Defesa, [s.d.].
– As informações em Portugal. Copied copy.
– Arcana praxis na actividade do Estado. Copied copy.