Communications Data

Lord Rosser Excerpts

Tuesday 15th September 2015 Lords Chamber

[Lord Ashton of Hyde]

My Lords, the simple answer is that I do not know, but I will find out and write to the noble Lord.

[Lord Rosser (Lab)]

What do the Government find so difficult about supporting the recommendation by the Independent Reviewer of Terrorism Legislation that warrants for interception should be judicially authorised, but where the warrant is required in the interests of a national security purpose that relates to the defence of the UK or foreign policy, the Secretary of State should have the power to so certify—with the judicial consideration being able to depart from that certificate only on the basis of the principles applicable in judicial review? That is a test for which there are already parallels in national security legislation.

[Lord Ashton of Hyde]

My Lords, however skilfully he does it, the noble Lord will not get me to say what is in the draft Bill. It would be wrong of me to do it as a government Whip in the House of Lords and, secondly, I do not actually know.