Retained EU Law (Revocation and Reform) Bill

Debate between Lord Judge and Lord Butler of Brockwell

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Lord Butler of Brockwell (CB)]

Before my noble friend sits down, does he agree that those parts of the law that will lapse under the sunset clause will result in the law being changed without even a statutory instrument?

[Lord Judge (CB)]

Undoubtedly that is right, and that is why Amendment 32 specifically deals with that issue in paragraph (c). For the time being, I beg leave to withdraw the amendment.

Investigatory Powers (Codes of Practice) Regulations 2018

Debate between Lord Judge and Lord Butler of Brockwell

Thursday 1st February 2018 Lords Chamber

[Lord Judge (CB)]

My Lords, I declare an interest as former Chief Surveillance Commissioner. The regulations which are proposed today seem to be entirely consistent with the primary legislation, and the primary legislation has increased the level of supervision, particularly in relation to the judicial commissioners and the responsibilities that are imposed on them by the legislation.

[Lord Butler of Brockwell (CB)]

My Lords, having had the privilege of serving on the investigatory powers pre-legislation committee under the chairmanship of the noble Lord, Lord Murphy, and on the Intelligence and Security Committee, and having long experience of the operation of GCHQ and the other intelligence agencies, I start from a different position from that of the noble Baroness, Lady Jones. I start from a position of believing that these agencies operate to very high standards and that the detail of these codes of practice, which have taken some time to produce, are an indication of that.

I have two questions for the Minister which may have been covered by the noble Lord, Lord Paddick, but in which I am interested. The cost of requiring providers to keep records of IP addresses which they would not normally want to keep in the course of their business was an open issue when the committee served. I would be interested if the Minister could tell us—as the noble Lord, Lord Paddick, asked—how much the Government estimate that that cost will be.

I would also like to know whether the codes of practice on the retention of records are consistent with the judgment of the European Court of Justice in the case brought by Mr David Davis and Mr Tom Watson, and whether that problem has been solved.