Oral Answers to Questions Debate

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Department: Home Office

Oral Answers to Questions

Huw Merriman Excerpts
Monday 16th November 2015

(9 years, 1 month ago)

Commons Chamber
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Christopher Pincher Portrait Christopher Pincher (Tamworth) (Con)
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8. What steps the Government are taking to ensure that investigatory powers used by the police and the security services are defined in a legal framework.

Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
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10. What steps she has taken to ensure that the powers proposed for the police in the draft Investigatory Powers Bill are transparent and subject to oversight.

Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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The Government have been clear about the need to provide law enforcement and security and intelligence agencies with the powers they need to protect the public in a clear and transparent legal framework. The draft Investigatory Powers Bill was published on 4 November and will be subject to pre-legislative scrutiny by a Joint Committee of both Houses.

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend makes an important point. I can confirm that the new investigatory powers commissioner will have the necessary resources, and they will have increased resources, including technical expertise, within their remit to ensure that they have that support and advice. Indeed, their budget will be such that it will also be possible for them to buy further technical expertise, should they need it.

Huw Merriman Portrait Huw Merriman
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Some constituents have asked me to write to the Home Secretary and state that intercept warrants should be granted by a judge, rather than by the Home Secretary. Does she agree with me that, on the contrary, the accountability for and the scrutiny of her decisions in this place are more transparent than a judicial judgment?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend makes an important point. What we have proposed in the draft Bill is a double lock, so there will be the necessary accountability—because the decision is made by the Secretary of State—on whether the use of these intrusive powers under warrant is necessary or proportionate, and then there will be consideration by a judicial authority. We will therefore get that independent consideration by the judicial authority and the accountability of a Secretary of State signing the warrant.