Investigatory Powers Bill (Ninth sitting)

Debate between Lord Davies of Gower and Robert Buckland

Committee Debate: 9th sitting: House of Commons
Thursday 21st April 2016 Public Bill Committees

[The Solicitor General]

To deal with the thrust of the hon. and learned Gentleman’s argument, we would say that the amendments are unnecessary because the draft statutory code of practice already requires an application for a targeted warrant to set out what the conduct is and how collateral intrusion is being managed, which is the really important public interest here. That should rightly be in the warrant application itself, and the detailed requirements should be in the statutory code; that was recommendation 5 in the report by David Anderson QC, so we are faithfully following his recommendation.

On the code of practice, the hon. and learned Gentleman will find the requirements under the heading “Necessity and proportionality”, particularly in paragraphs 3.26, 3.27 and 4.10, which deals with collateral intrusion.

I note that amendment 453 is part of this group, so I will speak briefly to that. We have concerns that I have expressed before in other contexts about the problem of the police being asked to exhaust alternative methods even where there is unlikely to be any effect. That is not only wasteful and costly, but could unintentionally lead to further undue intrusion into people’s privacy. For those reasons, I have grave concerns about that amendment.

[Byron Davies (Gower) (Con)]

Will the Solicitor General accept our plea—I speak as someone who has operated this in a practical situation—that what is being asked in this amendment is completely impossible?

[The Solicitor General]

I am grateful to my hon. Friend, who speaks with many years of operational experience in the Metropolitan police. When he was a senior officer in that force, he had responsibility for investigations and took his responsibilities extremely seriously. I am grateful to him for his contribution. We have to balance any concerns about a jump to these powers with real-world responsibilities. I want clarity, but also an element of flexibility for those who investigate crime, so that they can get on with the job in an effective way and catch criminals. That is what we all want. I am worried that the amendment, well intentioned though it is, would complicate the process. For those reasons, I urge the hon. and learned Member for Holborn and St Pancras not to press the amendment to a vote.

Investigatory Powers Bill (Second sitting)

Debate between Lord Davies of Gower and Robert Buckland

Thursday 24th March 2016 Public Bill Committees

[The Solicitor General]

Q So the scenario of the authorities holding this information and being able, at a whim, to breach anonymity is nonsense, isn’t it?

Richard Berry: We certainly very much follow the procedure of looking at each application and testing it for its necessity against its purpose, the proportionality, the levels of collateral intrusion and things like the timescales involved. If you look at the annual reports of the Interception of Communications Commissioner’s Office in 2015, you will see that they even go to the extent—I think it was done on about 100,000 applications— of looking at the amount of time a decision maker, a designated person or, under the new legislation, a designated senior officer, actually takes to consider all the tests that are required to ensure that the parameters are tight and that justification is in place.

[Byron Davies (Gower) (Con)]

In my experience, the UK is regarded as a world leader in intelligence-led law enforcement and I am sure that you agree that the Bill will enhance your capability. Can you tell me how important to your work it is that this legislation applies extraterritorially?

Chris Farrimond: It is rare for serious crime to be investigated and to have no international aspect to it at all. Certainly in the case of the National Crime Agency, almost every single case that we investigate has got an international aspect to it, but I suspect that that is the same for both my colleagues as well. That means that communications data will almost certainly be held in a third country at some point, because we have been communicating with people in other countries. The extraterritoriality will at least give us the ability to ask for those data. I do not doubt that there will be some complications when it gets compared with the host nation legislation along the way, but, nevertheless, at the moment we have a very lengthy process to get material back from other countries, so if this can help in any way, shape or form in speeding that up, that will be a good thing.

Richard Berry: It certainly is a strategic priority for law-enforcement policing to look at how we can ensure, as Chris said, this fragmentation of data across server farms, in clouds and across several countries is increasingly a challenge for us, so any legislation that can help with that process will be particularly useful.

The other point that I would make, building on what you said in your introduction, is also quoted by the commissioner in the 2015 report. Communications service providers, certainly in the US, very much favour the British SPOC system, because there is a dedicated, rigorous system, whereas they could perhaps be approached individually by—I think, to quote them—one of “10,000 FBI agents”, all adopting a slightly different process. So we have got the right systems in place; I think it is really the relationships and the access that is critically important.

Simon Grunwell: I will just add that the internet obviously provides mobility and anonymity. We could have an attack from anywhere in the world, online, so we need to keep pace effectively with digital changes. Sometimes the only clue that we have as to who is criminally attacking us is a digital one. The ability to go extraterritorial to pursue that one clue could be vital.