Police can apply for surveillance powers

After devolution, powers over phone tapping and secret surveillance which involved matters of national security were transferred to Home Secretary Jack Straw.

Similar warrants to detect or prevent serious crime in Scotland were to be handed over to Scottish ministers - in this case Mr Wallace.

However, legislation passed earlier this year mistakenly gave the powers to Scottish Secretary Dr John Reid.

Since then, Dr Reid has had to put his signature to requests for surveillance rather than Mr Wallace.

Scotland Office minister Brian Wilson said the government was now remedying the situation.

MPs agreed the transfer on Tuesday evening and it is expected to be approved by the House of Lords on Friday.