Investigatory Powers Bill

Debate between Simon Hoare and Robert Buckland

Ping Pong: House of Commons
Tuesday 15th November 2016 Commons Chamber

[The Solicitor General (Robert Buckland)]

I beg to move,

That this House disagrees with the Lords amendments 15B, 15C, 338B, 339B and 339C.

Two weeks’ ago, we considered Lords amendments to the Investigatory Powers Bill. In accepting unopposed all amendments that relate directly to the subject matter of the Bill, this House demonstrated the value we all place on legislative scrutiny in the other place, and recognised the many improvements made by their lordships to this important legislation. We welcome the spirit of cross-party co-operation on this crucial matter. I would like to put on record again my admiration for the approach taken by all parties in both Houses in contributing to this landmark Bill.

Together, we have created a world-leading framework for the use of investigatory powers by law enforcement and the security and intelligence agencies. We have strengthened the authorisation processes and safeguards around the use of those powers, and we have created a powerful new body that is responsible for the oversight of those powers.

During that debate, however, we also gave thorough and anxious consideration to the amendments tabled by Baroness Hollins, supported by others, which sought to use the Bill as a vehicle to change the law in relation to the regulation of the press. The amendments would introduce a presumption that a court should award costs against a publisher in cases of unlawful interception if it is not part of a recognised regulator, regardless of whether or not it won a case.

[Simon Hoare (North Dorset) (Con)]

Did my hon. and learned Friend see the article in The Times last week by the noble Lord Pannick? He is not necessarily always a friend to the Government on these matters, but he very clearly said that the Lords amendments should be rejected, that this was an important and well thought out Bill, and that the sooner we got on with it, the better.

[The Solicitor General]

I am very grateful to my hon. Friend. Lord Pannick played an important part in helping to refine other parts of the Bill, most notably on legal professional privilege. Lord Pannick said that we

“should reject the Lords’ attempt to hold such an important bill hostage on issues of press regulation that are far from central to the bill’s purposes.”

The Bill does not, and never was intended to, provide for the regulation of the press. It is about providing vital tools for our law enforcement and security and intelligence agencies. The Lords amendments we are considering today differ slightly from those we debated last time. The noble Lady revised her proposal to remove the link to clause 8 in order to avoid any risk that it could have an impact on the provisions already in the Bill. She also added a six-year sunset, which she suggests means that the change could be allowed to fall away after the process of reform of press self-regulation is complete. I thank the noble Lady for her efforts to minimise the collateral impact of her amendments and I recognise the goodwill she is showing in doing so, but I am afraid that the fundamental problem remains. The amendments are simply not appropriate at this time, or in this legislation.

The public consultation announced by the Secretary of State for Culture, Media and Sport, who is on the Front Bench today, speaks directly to the concerns of those supporting the amendments. It provides everyone—whether a publisher or a victim of phone hacking, a parliamentarian, journalist, police officer or a member of the public—with their rightful opportunity to contribute to the debate on the issue of press self-regulation, which affects each and every one of us in this country. The consultation document not only sets out the position but asks a series of questions to consultees. The questions are wide-ranging and allow a number of options to be explored. As is proper with a consultation, they allow consultees to express their views fully and to provide evidence to support their contentions. A number of options are set out. It is not simply a question of commencement, but whether part of section 40 should be commenced to afford protection to members of a recognised regulator, whether to not apply the particular provisions to publishers outside a recognised regulator, and to consider whether section 40 should be fully commenced, repealed or kept under review. This is an important consultation. It allows adequate time for people who are either well versed in the issues relating to the Leveson process, which occupied this House some years ago, or come new to the issue and want to have their say, bearing in mind the passage of time since the introduction of section 40 pursuant to the Crime and Courts Act 2013.

The Government have been absolutely clear that they recognise the very serious intrusion and anxiety suffered by victims of press misconduct.

Investigatory Powers Bill (Fifth sitting)

Debate between Simon Hoare and Robert Buckland

Committee Debate: 5th sitting: House of Commons
Thursday 14th April 2016 Public Bill Committees

[The Solicitor General]

What I am trying to do is to explain that there is no difference for any member of the public. If the warrant is specifically named, it cannot, as I have explained, use the modification procedure to try to catch other people, whether journalists, Members of Parliament or lawyers. Rather than constantly seeking carve-outs, it is far better to have a general principle about specificity and the danger that the hon. Member for Paisley and Renfrewshire North raised.

[Simon Hoare (North Dorset) (Con)]

So that the position is clear in my mind—I am not entirely sure about it—is the Solicitor General saying that, if new people are added to a warrant without a fresh warrant being applied for, they would have to be related to the event, occasion or surveillance that the original warrant was about? Is it correct that 32 new people from different parts of the country could not just be added if they were not linked to the matters for which the warrant was given?

[The Solicitor General]

That is right. The word “thematic” gives it away. I am afraid it is clear that the sort of scenario my hon. Friend paints is just not one that would be entertained in the initial application to the Secretary of State and the judicial commissioner.

Investigatory Powers Bill (Fourth sitting)

Debate between Simon Hoare and Robert Buckland

Committee Debate: 4th sitting: House of Commons
Tuesday 12th April 2016 Public Bill Committees

[The Solicitor General]

I entirely agree with my hon. Friend. It would not be right for me to make an easy draw-across to the TPIM regime. The hon. and learned Member for Holborn and St Pancras has experience of TPIMs, and I was on the Bill Committee that passed the TPIM law back in 2011, so I have a keen interest in the evolution from what were control orders to TPIMs. The point is staring us all in the face: myriad different circumstances will confront judicial commissioners. It would be too easy for the Committee to come to a conclusion that, somehow, we should create an artificially hard and fast set of criteria that would prevent the judicial commissioners from exercising their duties when considering the varying scale and nature of the applications that they will receive.

[Simon Hoare]

My understanding of what the Solicitor General is saying—perhaps he will confirm this—and my reading of the Bill is that the bar is being set a lot higher than the hon. and learned Member for Edinburgh South West seems to imply. The onus in the first instance will be on those who will be making the case for the warrant. The Home Secretary, for example, will then review it to see whether it passes the tests in the Act and will do so, as will the author of the case before the Minister, in the knowledge that they will be, for want of a better phrase, peer reviewed by a commissioner. Therefore, the review of the review of the review is almost a triple lock of the case made by the authority seeking the warrant.

[The Solicitor General]

That is an interesting way of putting it. I want to make it clear that the review is on an appeal. There is a danger that we will end up mistakenly looking at some sort of a de novo application entirely on its merits, not an appeal. There are other mechanisms by which this matter could be taken further up. At this stage, it is part and parcel of the decision being made. That is an important point of clarification.