Investigatory Powers Bill

Lord Harris of Haringey Excerpts

Report: 1st sitting (Hansard): House of Lords
Tuesday 11th October 2016 Lords Chamber

[Lord Paddick (LD)]

My Lords, Amendment 13 is also in the name of my noble friend Lord Strasburger. In Committee, we moved an amendment that would have triggered implementation of the Privacy and Civil Liberties Board that the Liberal Democrats in the coalition Government insisted was part of the package of measures included in the Counter-Terrorism and Security Act 2015. We withdrew that amendment but the Government have failed to give us any hope that it will be accepted. At this stage we are introducing a new amendment to establish an alternative Privacy and Civil Liberties Board based more closely on the well-regarded American model.

In the United States the Privacy and Civil Liberties Oversight Board is an independent, bipartisan agency within the executive branch. It comprises four part-time members and a full-time chairman, and the board is vested with two fundamental authorities: first, to review and analyse actions the executive branch takes to protect the nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and secondly, to ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations and policies related to efforts to protect the nation against terrorism. We want a similar body in the UK, and we are not the only ones who do. The Prime Minister, when Home Secretary, committed the Government to,

“ensure we have more transparency from Government”,

which we are doing through this Bill. She continued:

“We will also reduce the number of bodies that are able to have access to the communications data”,

which, again, we are doing through this Bill, and,

“establish a privacy and civil liberties board based on the US model”.—[Official Report, Commons, 10/07/14; col. 472.]

It is only the latter commitment that this Government have failed to fulfil and which this amendment seeks to address. Noble Lords will see that the wording of the amendment seeks to reflect as accurately as possible the American model, which is widely seen as a world-class example of its kind.

[Lord Harris of Haringey (Lab)]

Is the noble Lord therefore saying that the American approach to this matter is totally protective of civil liberties?

[Lord Paddick]

My Lords, I am saying that the American model provides significant safeguards, in that somebody represents the side of privacy and civil liberties in the argument; it is not simply a case of the security agencies’ side being put, as perhaps some might see in this country.

Unlike the previous amendment, this amendment does not seek to replace the Independent Reviewer of Terrorism Legislation. On the contrary, noble Lords will see that the independent reviewer must be consulted on the appointment of members of the board. This is complementary to, not a replacement for, the Independent Reviewer of Terrorism Legislation. The current reviewer, Mr David Anderson, has previously argued that the post of independent reviewer is under-resourced and that it does not cover a wide enough range of laws. He said:

“If appropriately staffed and directed by the Independent Reviewer, the proposed new body could sharpen that investigative function and increase its scope”.

I accept that Mr Anderson also has concerns, and no doubt my noble friend Lord Carlile of Berriew, his predecessor, will tell us that he too has concerns. However, it continues to be the view of the Liberal Democrats—

--- Later in debate ---

[Lord Paddick]

My Lords, I am very grateful to those who contributed to this debate. As far as my noble friend Lord Carlile of Berriew is concerned, I am not familiar with the Patriot Act but I know that the Privacy and Civil Liberties Oversight Board has made a significant difference in redressing the balance of some laws in the United States. Even though the noble Baroness, Lady Buscombe, spoke to members of that board and asked whether the Government must listen to it, the fact is that the Government in America did listen and acted on some of the board’s recommendations.

Clearly, these people would need to be security vetted. They will be appointed by the Secretary of State, who could impose whatever conditions she thought fit on those people.

On sloppy drafting, I am afraid it is that no more than three members of the board should be of the same political party rather than that three members should not be of any political party, which is what I think my noble friend suggested.

[Lord Harris of Haringey]

I am sorry to interrupt the noble Lord again, but could he clarify what that phrase is intended to mean? The way I, and I think my noble friend, read it is that, of a board of five, three can be of the same political party. Is the noble Lord saying that it is in the interests of civil liberties and all these other things to have a board of which three members are from the same political party—presumably the government party? Will that really then be an independent board?

[Lord Paddick]

The fact is that it is up to the Secretary of State to appoint those members to the board. One would hope that the Secretary of State would use the freedom provided by this amendment to ensure that the board is balanced. As with the noble and learned Lord, Lord Keen, I also have my brief. However, on this occasion it would be disrespectful to the House to press this amendment to a vote. Despite my brief, I beg leave to withdraw the amendment.