Draft Investigatory Powers Bill

Lord Campbell-Savours Excerpts

Wednesday 4th November 2015 Lords Chamber

[Lord Bates]

We have stated that there is a double lock, and it is just that. Without both the judge and the Secretary of State giving their approval, it simply cannot happen. Some details are being published today in terms of draft codes of practice, and more information will be fleshed out, in co-operation with the Ministry of Justice, the Lord Chief Justice and, crucially of course, the judicial commissioners themselves, as to how this process will work in an effective and speedy way.

[Lord Campbell-Savours (Lab)]

If the judge, in the explanation just given by the Minister, can effectively veto the Secretary of State’s decision, where does accountability lie?

[Lord Bates]

Accountability lies in that it was the Secretary of State, first, who made the decision and that is then checked by a judge. That would be the element of public accountability in that circumstance, but we are talking particularly about warrants which are required in relation to intercept, which is the most intrusive form of investigation power, not necessarily the communications data.