Draft Investigatory Powers Bill

Keith Vaz Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

As he said, in his former role as Secretary of State for Northern Ireland, my right hon. Friend did indeed witness the process of warrant approval. I am conscious of the need to ensure that warrants can be put in place within a reasonable timeframe. There are already agreements between the Home Office and the Security Service about the time needed for a Secretary of State to deal with a warrant and for officials to process the warrantry, and we would expect to come to similar agreements with the judicial commissioners in order to make clear the time in which a warrant needs to be considered.

The judicial commissioners, in considering the warrants under the powers they will be given, will apply the same principle as applied by a court on an application for judicial review, but in an emergency a Secretary of State will be able to authorise a warrant immediately. In normal circumstances, the double lock will be required for a warrant to be exercised, but in an emergency it will be possible to exercise it purely on the Secretary of State’s authorisation. The Bill makes it clear that the judicial commissioners should review that decision within five days and decide whether the warrant can continue or should be stopped, and if it is stopped, whether the material gained from it should be kept in certain circumstances or destroyed.

[Keith Vaz (Leicester East) (Lab)]

Today the Home Secretary has ripped up RIPA—a piece of legislation that has been unfit for purpose. I particularly welcome the ban on local authorities accessing information about their own citizens. Although I welcome the additional judicial scrutiny, I have some concerns. Who will train the judges to deal with this very complex area? We shall need a panel of judges and a lot of expertise. Will she continue working with the internet providers to ensure that we track people of interest? I know that the Home Secretary said that the information is equivalent to an itemised bill, but there is a lot of information in an itemised bill. If I were to look at her itemised telephone bill and she were to look at mine, we might be surprised at who we were telephoning. [Interruption.]

[Mrs May]

I think that in their sedentary suggestion my hon. Friends made the right response to that particular point: “Speak for yourself!” There is an issue with the judicial panel, and a number of judges will need to be brought together. It is not the first time that changes have been made in matters relating to national security, where judges have to deal with them in different circumstances from which they have dealt with them previously. Judges are used to making independent decisions on a judicial review basis and on the basis of the law as they know it. Of course, a Secretary of State who, like me, has been in the position for some time will have seen a history of national security operations, for example, that provides a level of experience that would not be there the first time a judge looked at this. Ensuring that the judges are aware of that national security background will, I am sure, be part of the process. I have more faith in the judiciary and its ability to work independently than the right hon. Gentleman perhaps does.