Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020

Lord Blunkett Excerpts

Wednesday 2nd September 2020 Grand Committee

[Lord Blunkett (Lab)]

My Lords, the Minister is aware that I am very supportive of the updating of measures that, necessarily, take account of enormous and rapid change taking place around us and the need, therefore, to adapt and adopt processes commensurate with that challenge. I particularly welcome the decision to change the formula so that we do not have to rely on mutual legal assistance, which was the most time-consuming and bureaucratic way of operating. The measures also deal with the relationship with the United States.

I am also very aware of mission creep from the original investigatory powers Act of 20 years ago. I came in as Home Secretary in 2001, inheriting the primary legislation but not having the orders laid. It has rent on my heart, because my second son, who had just qualified as a computer analyst, got in touch with me to say that the order that we laid under the Act was so wide-ranging on the agencies and institutions that had the ability to draw down and use the powers under RIPA that a storm was going on in what was then the embryo of social media. Having examined it, I discovered that they were right: we had allowed too many agencies and institutions access to the powers. A great deal has been learned over the 20 years about how to avoid that, and the Minister referred to the updated Investigatory Powers Act of five years ago.

I just want to test this out this evening. There is an agency with which I do not think that many people will be familiar—in fact, I will go as far as to say on public record that I was completely unaware of the necessary but obscure UK National Agency for Counter Eavesdropping. I should be grateful if the Minister could say a word or two about it when winding up. I am very strongly in favour of avoiding eavesdropping, whether it is by state actors on our Government and economy or on private enterprise, individuals and families. I have suffered myself in the past from gross intrusion on those around me, and I am very interested to know the extent of the powers of this counter-eavesdropping agency and the role of the commissioner in overseeing it, and in particular what powers it might possess.

I will not delay the Grand Committee any longer, because I think that, on the whole, we are all in favour of the two orders and the changes being made, but it is interesting what you find out by being in the House of Lords.