Forensic Science Regulator Draft Code of Practice 2025
Debate between Lord Deben and Lord Hanson of Flint(4 weeks ago)
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Lord Hanson of Flint (Lab)
I am grateful to the noble Baroness, Lady Humphreys, and the noble Lord, Lord Davies, for their contributions. As a relative newcomer to the House, I had not realised that the noble Baroness, Lady Wilcox, had not chaired the Grand Committee before. I wish her well. I note also that all of us speaking in the Committee today have been Welsh by election—if not in my case by birth.
Lord Deben (Con)
Just in case anybody misses me out, I am Welsh also, but I am not actually speaking in this debate.
Lord Hanson of Flint (Lab)
My knowledge broadens daily. In all the years I have watched the noble Lord from a distance, I had never realised that—we learn something every day.
The points raised were valid points. In answer to the noble Baroness, Lady Humphreys, I do not have a figure for the number of SMEs but there has been wide consultation. This is not a new requirement: version 1 has been in place and version 2 is a slight update with some slight tweaks. I hope noble Lords are aware of that. To minimise the impact of the requirements, including on small and micro businesses employing up to 50 people, the regulator is allowing a transitional period from the date that the version 2 code of practice comes into force until October 2025, for all providers to become compliant with version 2 of the code. There is a learning space for small businesses.
Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025
Debate between Lord Deben and Lord Hanson of Flint(4 weeks ago)
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The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
My Lords, it is a pleasure to be here today to bring forward these regulations. The Government have published an Explanatory Memorandum alongside them, and I shall begin with some brief background as to how we have got to where we are.
The Investigatory Powers Act 2016, known as the IPA, provides a framework for the use and oversight of investigatory powers by the intelligence services, law enforcement and other public authorities. I recall it well, having served on the Bill, in both draft and original form. It never fails to surprise to me that it is almost 10 years ago since the Act came into being. It helps to safeguard people’s privacy by setting out stringent controls over the way in which the powers are authorised and overseen. The IPA is considered to be world-leading legislation that provides unprecedented transparency and substantial protections for privacy.
The IPA was intentionally drafted in a technologically neutral manner, to ensure that public authorities could continue to acquire operationally relevant data as technology evolved. While this approach has largely withstood the test of time, a combination of new communication technologies and the changing threat landscape continues to challenge the effective operation of the Act.
The Investigatory Powers (Amendment) Act 2024 was introduced by the previous Government and received Royal Assent in April last year. To ensure that the legislative regime remains fit for purpose, the 2024 Act made a series of targeted changes to the IPA to enable our law enforcement and intelligence agencies to tackle a range of evolving threats in the face of new technologies and increasingly sophisticated terrorist and criminal groups.
That gives rise to the purpose of these regulations. The regulations before us bring into force three new and five revised codes of practice, which provide operational guidance for public authorities to have regard to when exercising their functions under the IPA. As well as including minor updates and changes to ensure consistency, the codes of practice have been revised to reflect various changes made by the 2024 Act under the previous Government.
The new codes on bulk personal datasets with a low or no reasonable expectation of privacy and third-party bulk personal datasets relate to new regimes introduced by the 2024 Act. The new code on the notices regime consolidates guidance from various existing codes into one place. The regulations also contain several provisions relating to the IPA’s notices regime, including defining “relevant change” for the purpose of the new notification notices. They also introduce timelines for the review of technical capability, data retention and national security notices, and amend existing regulations in relation to membership of the technical advisory board.
The regulations and code of practice have been informed by a 12-week public consultation which closed in January 2025. The Government received responses from a range of stakeholders, including interest groups, public authorities, technology companies, trade associations and members of the public. We made several changes following that consultation, including stylistic changes, further clarity on processes and changes to the technology advisory board’s membership requirement. A copy of the Government’s response to the consultation has been published and, should Members wish to see it, is available online or it will be at a future date.
To sum up, these regulations are a crucial step in implementing the 2024 Act. They will ensure that the UK’s investigatory powers framework continues to protect our national security and to prevent, investigate, disrupt and prosecute the most serious crimes. I commend the SI to the Committee.
Lord Deben (Con)
I wonder whether the Minister would be kind enough in his reply to give us some idea of the ongoing arrangements for the updating of this kind of material. He has shown that the constant need for this is because of the speedy change of the world outside. Who is responsible for it? How are they able to keep up to date and how regularly do we think we are likely to have statutory instruments updating the material that we have? We are dealing with an ever-changing scene which is changing ever more quickly. I would like to understand the government structure that enables us to make satisfactory changes rapidly enough to see that we are fully in control.
Independent Office for Police Conduct
Debate between Lord Deben and Lord Hanson of Flint(5 months, 3 weeks ago)
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Lord Hanson of Flint (Lab)
As a Minister, my dealings with the police on a day-to-day basis are varied. I have found the police to be professional, forward-looking and aware of the need for accountability because they are exercising strong powers on behalf of the public at large. The purpose of the IOPC, its accountability to Ministers and the framework that we as Ministers set, is about making sure the police retain the confidence of the public they serve and maintain their security. Without that security and confidence, the police cannot operate in an effective way in policing our communities. That is part of the reason why the forthcoming White Paper will look at how we can improve standards, the management of standards and the level of accountability.
Lord Deben (Con)
The whole House owes a great debt of gratitude to the noble Lord, Lord Lexden, for his constant concern about these very big issues. But the thing that really matters to ordinary people to keep confidence in the police is, for example, the police answering complaints. That does not happen with the Metropolitan Police. If you send a complaint by email there seems to be no means of reply. The police ought surely always to be seen to be obeying the law that others obey. Every day, along the road from here, a long line of police cars are parked on double yellow lines. I do not mind it being designated as a police place, but on yellow lines, where ordinary motorists cannot stop, people just say that it is the police, again, not doing as police should do, which is to obey the law that everyone else has to obey.
Lord Hanson of Flint (Lab)
One of the proposals that the Government are bringing forward, which I hope will help the noble Lord, is the investment in 13,000 community police officers. As part of that community and neighbourhood policing offer, there will be in each council ward a named police officer who is the local liaison point. I absolutely take the noble Lord’s point; the level of response when a complaint is made is important. As for the operational issue of parking in front of this place, I will take that away but, ultimately, it is about the security of this building. There is a range of issues there which I think the noble Lord needs to look at. But I understand his point, and I will reflect on that.
Small Boat Crossings
Debate between Lord Deben and Lord Hanson of Flint(6 months, 3 weeks ago)
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Lord Hanson of Flint (Lab)
My noble friend speaks with authority on this matter. This Government are trying to better engage with our European partners, and France in particular, on how we deal with this problem in Calais and other parts of northern France. One of those issues will be not just the policing and action at ports or on beaches but what we need to do up stream. The Prime Minister will be engaged with a number of European nations to try to look at that upstream element. It is important that we do that.
Because the figure is now in front of me, I can say to the noble Lord, Lord Baker, that we have had 9,400 returns since 5 July this year, which indicates that economic movement is not acceptable behaviour when there are legal routes for application to come to the United Kingdom.
Lord Deben (Con)
If we are to solve this problem, it is clearly welcome that the Government are now talking much more closely to our European neighbours. Will they accept that solving the issue of climate change is also important? If that is not solved, the number of migrants we have today will pale into insignificance compared with the numbers of people who will travel across the world to get a life—not a better life but a life at all.
Lord Hanson of Flint (Lab)
I find myself in agreement with the noble Lord. The factors that drive movement are war, poverty and climate change. He will know that the Prime Minister and other Labour Government Ministers have been in Baku this week to try to get further action on climate change. One commitment that this Government have is to ensure that, in our term of office, we deal with this issue because, as the noble Lord rightly says, it will drive movement of people, poverty and potentially even war still further if it is not solved.
EU Settlement Scheme
Debate between Lord Deben and Lord Hanson of Flint(7 months, 2 weeks ago)
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Lord Hanson of Flint (Lab)
I can give my noble friend that assurance with a firm yes.
Lord Deben (Con)
Does the Minister accept that most of these people are not criminals, that they are welcome in this country and that the way we deal with them should show that people with whom we share culture, history and a great deal of common interest are welcomed, instead of sounding as if they are being pushed back?
Lord Hanson of Flint (Lab)
I do not believe I have given the noble Lord, Lord Deben, that impression—I certainly hope not. Some 5.7 million people have been accepted under the scheme, and they are very welcome. They work among us in this city and in my area where I live, they live among us and their contribution is welcome. But we have to monitor the scheme to ensure its integrity, for the reasons that the noble Lord’s Opposition Front Bench indicated.