Investigatory Powers Bill

Debate between Catherine West and Dominic Grieve

Tuesday 15th March 2016 Commons Chamber

[Mr Grieve]

This is an area that does not currently have warrantry. It is an area in which there is specific authorisation, and that is what we have been looking for. However, we will listen carefully to what the Government have to say about the practical problems that that might pose.

The second issue concerns the agencies’ use of equipment interference. Our concerns focused on the way in which the use of this capability is authorised, rather than on the need for it, which is clear to us. In particular, we were not initially provided with evidence that explained the need for a bulk power, as opposed to a targeted thematic one. That is why we reported in the way we did. Following publication of our report, we received additional evidence from the agencies as to why they need bulk equipment interference warrants to remain in the Bill and they actually made a persuasive case. More importantly, the Committee was reassured that information obtained by such means will be treated in exactly the same way, with exactly the same controls, as data acquired under a bulk interception warrant. The Committee is therefore broadly content that there is a valid case for the power to remain in the Bill, but, just as with bulk interception warrants, we want to see the safeguards and controls in detail and hope to do so in the near future.

The third issue is that the Committee expressed concern about the process for authorising the obtaining of bulk personal datasets. It is undoubtedly necessary and proportionate that agencies should have the power to obtain them, because they can be vital to their work in helping to identify subjects of interest, but they largely contain private information on large numbers of people of no relevant or legitimate interest to the agencies at all.

[Catherine West]

Does the right hon. and learned Gentleman accept that there is a question mark over which agencies can then access such information? I have received many emails with concerns about the net having been cast too wide in respect of agencies such as the Food Standards Agency, the Gambling Commission and others, and that the information could be misused. That is the kind of perception that people care about out there.

[Mr Grieve]

I understand the hon. Lady’s concern, which can be looked at. From what the Committee saw, we do not think that that problem should arise with the agencies that do have access, but I am sure the Home Secretary will want to respond in due course.

Intrusiveness needs to be fully considered as part of the authorisation process, which was why the Committee recommended that that could be done far better if class-based authorisations were removed from the Bill and a requirement made that Ministers should authorise the obtaining and periodic retention of each dataset. The Government came back and suggested that that would be too onerous for Ministers, but we suggested that the recommendation could be met through increasing the role of commissioners in renewing orders and amending the duration of authorisations, which could be longer than at present. Our point was that it was right that Ministers were constantly sighted as to what datasets were being obtained and we were anxious that that might not always happen under the current form of authorisation.

The Committee also raised several more minor concerns that are set out in our report and can be returned to on Report if they cannot be resolved in Committee. Given the time available, I apologise that I cannot go through them all here. However, we are pleased that urgent warrants must now be approved within three days rather than the five days originally proposed. The same can be said of the clause 134, which provides for retrospective oversight when UK material has been inadvertently collected through its maker coming into the country.

There were, however, two further matters of concern. We were troubled that we have not yet seen the actual list of operational purposes that must underpin any draft bulk warrant, which goes to the heart of the legislation. We have seen examples that appear entirely valid, but we hope and expect a full list to be supplied to us before the Bill has completed its passage so that we can reassure the House. We also remain of the view that the Committee should be able to refer any concern about the use of an investigatory power to the Investigatory Powers Tribunal on behalf of Parliament. That would help to provide reassurance that there was a mechanism other than private complaint.

The Bill is capable of further improvement, but the Government have listened and I will certainly be supporting the Government on Second Reading. The Bill is undoubtedly necessary on the grounds of national security and is well intentioned. I trust that during its passage we will also be able to ensure that it fulfils the equally important role of being seen as an upholder of our freedom and liberty.