Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020

Baroness Jones of Moulsecoomb Excerpts

Wednesday 2nd September 2020 Grand Committee

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Investigatory Powers Act was a landmark piece of repressive legislation passed by this Parliament, granting unprecedented powers to gather information on the public at large. It is so bad that even the Chinese Communist Party has pointed to the UK’s law to justify its own intrusive surveillance of the Chinese people. Many of us who are concerned about state surveillance and government overreach raised the alarm at the time, but Parliament continued regardless.

However, I am happy to see that the Investigatory Powers Act that exists today is a very different beast from the one passed by Parliament only four years ago. The European Court of Justice did not take long to rule that some of the worst parts of the Act, including the Orwellian hoovering up of information about everyone’s internet usage, was plain illegal. A second court case saw the High Court rule, again, that parts of the Act were unlawful and must be replaced. That forced the Government into retreat, with powers now being deployed only against serious crime.

At a time when the Government are seeking to curtail judicial review, we should remember that the courts have acted as a beacon of our freedoms and liberties when Parliament has failed properly to scrutinise the Investigatory Powers Act. That is one example of so many reasons why we must fight against the Government’s attack on the constitutional role of the judiciary to hold the executive power to account. This is an important context which I am happy to have the opportunity to set out, with an unusually long speaking time by recent standards. This context colours the two regulations before your Lordship’s Grand Committee today.

These two regulations are relatively benign precisely because campaigners beat the Government in the court 2-0. The regulations are restricted in their scope and power, applying only to serious crime and with judicial safeguards in place. They are a world apart from the draconian, dystopian legislation dreamed up by the then Home Secretary Theresa May.

I have a specific query for the Minister, and the noble Lord, Lord Naseby, has referred to some of this. The functions of the investigatory powers order implements part of the agreement between the UK and the USA on access to electronic data for the purpose of countering serious crime. Article 12 of that agreement requires a review within 12 months of the agreement coming into force of

“each Party’s compliance with the terms”

of the agreement, and

“a review of … handling of data acquired”

under the agreement. Can the Minister say whether that review has taken place? Am I to understand from her opening remarks that it has not happened yet? When will it take place, and will your Lordships’ House have a copy of that review so that we can see it and discuss it? In particular, I seek assurances that President Trump is not using powers in this agreement against his political enemies in the USA, who seem to be growing in number. He is ruling over what looks like a totalitarian state apparatus purely for his own personal interests, and I very much hope that our Government do not go the same way.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I call again the noble and learned Lord, Lord Morris of Aberavon, and ask him to unmute so that we will be able to hear him. There is still no response, so I call the noble Lord, Lord Foulkes of Cumnock.