Investigatory Powers Bill

Debate between Baroness May of Maidenhead and Baroness Blackwood of North Oxford

Tuesday 15th March 2016 Commons Chamber

[Mrs May]

The right hon. Gentleman raised that issue with me when I gave evidence to the Joint Scrutiny Committee, and was concerned about the cost. We have discussed in detail with companies the technical arrangements for access to internet connection records, and we have assured ourselves of the feasibility of that. As is currently the case for such matters, the Government will be prepared to reimburse those costs.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

The Home Secretary is generous in giving way. We welcome the improvements to the Bill, but I hope she received my letter today detailing the outstanding concerns of the Science and Technology Committee. In particular, we feel that technology capability notices remain a key area of uncertainty regarding encryption, and despite the commitments made at the Dispatch Box, we must have long-term certainty for the tech sector on reimbursement of costs. Those questions will be central to delivering a coherent piece of technical legislation that is fit for a fast-moving area of our economy, and it must be dealt with as quickly as possible as the Bill proceeds through the House.

[Mrs May]

I reiterate the point that I made previously and again just now: 100% of the compliance costs will be met by the Government. My hon. Friend asks me to provide a long-term commitment for that, and we are clear about that in the Bill. As she will be aware, it is not possible for one Government to bind the hands of any future Government in such areas, but we have been clear about that issue in the Bill and I have been clear in my remarks today.

Alongside the draft code of practice, I have published—at the Joint Committee’s request—a comparison of the differences between the proposals in the Bill and those set out by Denmark in recent years. I have also held further discussions with UK and US communications service providers on the proposals in the Bill, and we will continue to work closely with them as we implement this new power. As a guarantee of that, we have included a commitment that the Home Secretary will report to Parliament on how the Bill is operating within six years of Royal Assent. If Parliament agrees, it is our intention that a Joint Committee of both Houses will be formed five years after the Bill receives Royal Assent, specifically to undertake a review of the new legislation and to inform the Home Secretary’s report.

Part 5 of the Bill deals with equipment interference—for example, the acquisition of communications or information directly from devices such as computers or smartphones. By bringing existing powers into the Bill, we have responded to recommendations made by David Anderson, QC, and by the Intelligence and Security Committee. The Bill places those powers on a clear statutory footing, and makes their use subject to the issue of warrants that must be approved by a judicial commissioner.

Hon. Members will be aware that not only are those powers already available to law enforcement bodies, but they are vital to so much of their work to prosecute serious criminals. In exceptional circumstances, that capability is also used to deal with threat-to-life situations that fall short of serious crime, most typically to identify missing persons. For example, we would all expect that when a child goes missing and the parents know the password to their social media account, that the police should be able to use that password to search for vital clues. The Bill preserves capabilities that are already available to law enforcement, and makes it clear that they can be used to save lives. Nevertheless, these are intrusive powers and their use must be strictly limited. In future, all equipment interference warrants will require the approval of a judicial commissioner.

The draft code of practice, which I published alongside the Bill, constrains the use by law enforcement of more novel or advanced techniques that hon. Members might reasonably expect to be the preserve of the National Crime Agency and similar bodies. Equipment interference warrants may only be served on communications service providers with the personal agreement of the Secretary of State.

Alongside the draft codes of practice, and in response to recommendations of the Intelligence and Security Committee, we published a comprehensive public case setting out how bulk powers—for interception, communications data and equipment interference—are used, and why they are more necessary than ever before. There are, of course, limits to how much can be said about those most sensitive bulk capabilities without handing an advantage to criminals and those who mean us harm. For that reason, the security and intelligence agencies have provided further, classified detail about the use of those powers to the Intelligence and Security Committee.

As the publicly published case for bulk powers makes clear, such powers are vital to the effective working of the agencies. They have played a significant part in every major counter-terrorism investigation over the past decade, including in each of the seven terrorist plots disrupted since November 2014. They have been essential to detecting more than 95% of cyber-attacks against people and businesses in the UK identified by GCHQ over the past six months, and they enabled more than 90% of the UK’s targeted military operations during the campaign in the south of Afghanistan.

Part 6 of the Bill places these powers on a clearer statutory footing and makes them subject to robust and consistent safeguards. In future, bulk warrants will need to be authorised under the double lock regime that I have described. Furthermore, the examination of any data obtained under a bulk warrant will need to be for an operational purpose that has been approved by a Secretary of State and an independent judge.

Anderson Report

Debate between Baroness May of Maidenhead and Baroness Blackwood of North Oxford

Thursday 11th June 2015 Commons Chamber

[Mrs May]

My hon. Friend is right to mention Lord Carlile’s point about the previous Communications Data Bill. I believe that it was a necessary and proportionate response to the need to ensure that the agencies and the police continue to have the powers to keep us safe, to catch paedophiles, to prevent terrorism and to catch and prosecute serious and organised criminals. Those powers have degraded as people use digital communications more, so we need to update the legislation to ensure that the agencies and the police can continue to do their job.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

David Anderson rightly identifies trust as the issue at the heart of the matter. These powers obviously have a wider application, but in all the evidence to the Home Affairs Committee on Islamist radicalisation it was mistrust of the state that was used to manipulate and radicalise young Britons. While I add my voice to those welcome recommendations to strengthen judicial oversight, does the Home Secretary agree that it is essential to strengthen our counter-narrative efforts so that we can put the lie to those terror recruiters on our shores who are selling a glamorised and dishonest version of jihad, and so that we can reduce our need for these powers in the first place?

[Mrs May]

My hon. Friend makes a very important point. In the fight against those terrorists who are led by Islamist radicalisation to take action, and indeed those doing the radicalisation, we need to look very carefully at that issue. She is absolutely right about that. The Government have a commitment to bring forward a counter-extremism strategy. The strategy will be about promoting the values we share in this country; the values that make our pluralistic society what it is, and that make it a society that many people wish to live in and enjoy. We must ensure that our narrative against those plying a distorted view of Islam is strong so that we can encourage people to recognise that Islam is a peaceful religion, not a religion that is leading to acts of terrorism.