Lord Henley
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Protection of Freedoms Bill
Lord Henley Excerpts(12 years, 5 months ago)
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Baroness Hamwee
My Lords, the amendment simply provides for the turnover of pupils generally on an annual basis. I certainly did not intend it to be reworded every year. Information goes out from schools frequently on an annual basis. Sometimes, it sits in the bottom of a child’s bag.
While I am on my feet, the noble Earl may be comforted if the Minister can confirm that, for the purposes of these provisions, writing includes e-mails and other forms of electronic communication, which I suspect it does.
The Minister of State, Home Office (Lord Henley)
In the interests of time, I confirm that that is correct.
Baroness Walmsley
I support my noble friend Lady Hamwee on Amendment 91 and will make a few comments about other noble Lords’ comments.
Amendment 91 is necessary on the basis of children’s international convention rights: the privacy rights that a child has under Article 8 of the ECHR and Article 16 of the UN Convention on the Rights of the Child. In particular, Article 12 of the UNCRC says that a child has a right to be heard in decisions that affect them. The UN Committee on the Rights of the Child has made it very clear that, in order for a child to realise that right, it is necessary that,
“the child be informed about the matters, options and possible decisions to be taken and their consequences”.
Therefore, this amendment is very important especially since, under the proposals before us, the child has the right to refuse consent as well as the parents. It is important that the parents and the child are given the information that they need in order to make an informed decision.
Further to what the noble Lord, Lord Rosser, said, I think that the reason why the child should have a final veto is because we are talking about very specific information about the child’s body—the fingerprints, the retina, the face or whatever. The child’s body belongs not to the parents but to the child. Therefore, it is very important that appropriate information is provided. Most children are very compliant and they like to co-operate with people who are in authority over them—their parents, their teachers and so on—so it is important to let them know that they do not have to do so. There may well be very good reasons why they should agree to co-operate, but they should also have the right not to do so if they wish.
Let me make just one or two other points. I listened with interest when the noble Lord, Lord Lucas, said that schools should know where every child is physically at all times of the day, and I quite agree. However, I think that that should rely on the attention of the teachers, rather than on the likes of CCTV or electronic cards passing through doors. There is a danger that, if there is too much of this sort of thing—electronic ID cards or CCTV—teachers will come to rely on it too much and the teacher’s vigilance will be reduced. We really have to ensure that the technology tail does not wag the human rights dog.
Going back to what the noble Earl, Lord Erroll, said about letting people know every year, I agree that the information should be reworded if the system changes or is enhanced in any way, but otherwise I agree with my noble friend Lady Hamwee that it is not necessary to reword it every year. That can be done very easily, given that every school has a website or newsletter or something that gets sent out regularly to parents or to which the parents have access. As long as the school makes sure that, one way or another, the parents have that information in not too much gobbledegook or jargon, so that they can understand what the consequences of this system are, the school will have fulfilled its obligation under our amendment.
It is important to have the information in order to make an informed decision, and we all expect that. When we enter into any sales transaction or credit agreement or any kind of contract, we read the small print—or we need at least to be provided with the small print, so that we can tick the little box saying that we have read the terms and conditions, even when we have not done so. The point is that we have a right to have that information, and we really must be provided with it.
Lord Henley
My Lords, my noble friend Lady Hamwee suggested that I should not talk about feed-in tariffs and solar panels, and I am tempted to follow her suggestion on that. I used to speak a great deal on those issues in my previous job, but I do not often do so now that I am in the Home Office. I am not sure that they are quite relevant to this debate. Possibly we ought to have a new award for relevance in amendments—we could call it the Lord Rosser award for relevance—and I could congratulate the noble Lord on winning the award on this occasion for bringing in feed-in tariffs and solar panels.
Lord Rosser
I am sorry if the Minister could not understand the point, but I quoted from one of the leading providers of this technology in schools who said that there had not been proper consultation or clear thinking about the consequences of the new policy. My point was that that lack of proper consultation or clear thinking about the consequences of a new policy seems to have become a feature of this Government, because that is precisely what happened with the new feed-in tariffs. I am sorry if the Minister cannot understand the relationship between the two.
Lord Henley
My Lords, as regards consultation, we consult till the cows come home in this department and every other department, and I am distinctly happy about the amount of consultation that has taken place on this issue. We will move on now from feed-in tariffs and solar panels and get on to the gist of the amendment.
My noble friend Lord Lucas is obviously not completely convinced that there is a need for parental consent at all, but accepts that he could be persuaded as long as, as I understand him, it is not overburdensome. That point is probably behind the amendments from the noble Lord, Lord Rosser, and others. By the way, the noble Lord, Lord Rosser, did ask in passing for confirmation of the figures he used, and I can confirm, if I heard them correctly, that he is broadly right. Our figures are that some 30 per cent of secondary schools and some 5 per cent of primary schools are making some use of biometric systems for dealing with matters which, again one ought to stress, are largely related to access to school dinners, libraries and that sort of thing—so not major matters that affect them in other ways.
My noble friend obviously needs a degree of persuading about these matters. It is probably best if I go through the amendments in the appropriate order. I will deal with them in an order that I will take rather than as they are set out, but possibly I will leave Amendment 85, the first of my noble friend’s amendments, which even he described as being garbled; it is possibly best if I say little about that. I think my noble friend will understand why I take these a little out of order. I will start with Amendment 88.
Amendment 88 would have three consequences. First, it would obviously narrow the definition of who is a parent for the purposes of these provisions. Secondly, it would change the scope of the requirement for consent in that only one parent will need to consent. Thirdly, it seeks to introduce legal protection for schools and colleges where a child’s biometric information is processed beyond the control of that school or college. I will begin by addressing the first and third effects of that amendment.
For the purposes of these clauses, a parent means the child’s mother, father or any other individual who has parental responsibility for the child. Where it is not possible to obtain consent from any such persons, the parent is the person who cares for the child, unless the child is accommodated by a local authority or some voluntary organisation, in which case consent will be needed from that authority. My noble friend’s amendments obviously narrow this definition to include only individuals with parental responsibility. This would mean that, where there is no individual with parental responsibility who is able to consent, a school or college would be able to process a child’s biometric information without any person providing consent. I am sure that is not my noble friend’s intention, and he would probably want to adjust his amendment if he comes back to it—and I see my noble friend nod. The Government believe that all children, whatever their care arrangements, deserve the same level of protection in relation to the use of their personal information by a school or college. That is why we believe it is right that the definition of a parent goes wider than that suggested by my noble friend. Again I see my noble friend nod, and if he wants to come back to that he will no doubt amend his amendment.
The third element of this amendment seeks to provide protection for schools and colleges where a child’s data are processed outside of the control of the school or college. I know that my noble friend is concerned that these provisions should not apply when pupils access commercial websites or software systems that use face recognition to control access. I can give reassurance to my noble friend that the provisions in Clause 26 cover only the processing of biometric information that is carried out by, or on behalf of, the school or college.
Let me move on from Amendment 88 to the alternative approaches suggested by my noble friend in Amendments 85 and 87. It is also appropriate to consider here Amendments 86 and 89, from the noble Lord, Lord Rosser, which address a similar point and which I think my noble friend said he possibly preferred to his own. All those amendments seek to adopt a different approach to consent. At their most radical, they seek to replace the opt-in arrangement provided for in the Bill with an opt-out process. As a variant of this, they seek to provide for consent to be given by a single parent. Given the sensitive nature of the data involved, a positive decision should be made by both parents. This approach would afford them the opportunity to act on any concerns that they may have about the use of their child’s biometric information. In the vast majority of cases I would expect parents to discuss the issues between themselves and reach some agreement. As those of us who are parents will know, that is not always necessarily possible but, in the main, parents can reach that conclusion among themselves.
The Earl of Erroll
I want to go back to the business about being able to assume that there is implied consent, when it is very difficult to get it. Does the Minister not accept that inertia can be quite large among people and that, if you have to get positive consent, there will be a whole raft of parents who will not get round to doing it, for one reason or another? Therefore, you will suddenly find in these systems such a large failure to opt in because of inertia that they will be quite expensive and will have to be replaced by manual systems. That could put a huge burden on some of the schools, which would have to be paid for by the Government. Is it not much more sensible to move into a positive opt-out rather than a positive opt-in? I think that it will be much more burdensome than the Minister thinks. People are full of inertia, and you are not going to get that many people opting in.
Lord Henley
I accept that there can be a problem with inertia. It is what one might refer to as the “cheque is in the post” syndrome. People say that they are doing things and they do not. I suspect that we have got it right, but I am more than happy to have a further look at this if the noble Lord thinks that there will be concern over that. But this is something that schools are already doing a great deal about in terms of consulting or talking to their parents, and it is something that schools are used to. But perhaps we could talk about that at some later stage or between now and another stage.
Lord Rosser
The Minister has raised a number of issues, but could he confirm that under the Government’s proposals a child of five could say no, even though the parents had said yes, and it would be the view of the child of five that prevailed? If a 15 year-old agrees and one parent says no and one says yes, will the Government then seek to uphold the right of the 15 year-old? Also, he said that under my proposal the 15 year-old would be dragged kicking and screaming. Could he just confirm that school teachers are not allowed to use force against pupils, or has the government policy changed?
Lord Henley
Government policy has not changed, and the noble Lord will accept that the words I was using were metaphorical.
Lord Henley
Careless words they may be, as the noble Lord is saying, but I will go on using them. The simple fact is that he was suggesting you would force a child to be registered. How is he suggesting that that could be done other than by dragging the child kicking and screaming? We think that it is right at any age. I think that it would be rather unusual for a child of five to say that he was not going to do something when his parents insisted that it should be done.
Lord Henley
No, I will not give way, because I am answering the noble Lord. I can confirm that a child of any age can refuse; similarly, if a child of 15 wants to register but one of the parents refuses, it will not happen. We are trying to get the right balance.
The Earl of Erroll
I was only going to try to help the Minister by saying that all that would happen is that you would not get such a service. In other words, if it was a biometric lock that allowed access to a laboratory at certain times, the child just would not get into it. They would have to decide whether they wanted access or not. If it was about school meals, and the parents said that they would only get the meals that way, the child will just not get fed. They will soon come round.
Lord Henley
No, we are not looking for them to “soon come round”, as the noble Earl puts it. We are suggesting that schools should have to provide some alternative arrangement so that those who do not want to have biometric processes used can still get access to school meals or the library or whatever by some other means. It might be by a PIN or a swipe card. It does not have to be, but it is very convenient for a lot of them if they can put a finger down and get out their library book or get their meal. I hope that satisfies the noble Lord.
Baroness Walmsley
If the system is considerably enhanced, does the Minister accept that further information should be provided to parents?
Lord Henley
My Lords, I think this is what lawyers refer to as a question of fact and degree. If the system were, as my noble friend puts it, enhanced considerably and that involved a real change, then there would have to be further approval from the parents and children concerned. If it were a minor or technical change, I think that would not be the case. I shall leave it there, as it is a question of fact and degree as to whether there has been a proper change. I am in the hands of my noble friend Lord Lucas, but I hope that with those explanations of the various amendments he will feel able to withdraw his amendment. I think this debate has been very useful. We might not all agree totally but, as always, it is a question of getting the balance right on these matters, and I hope we have got it more or less right.
Baroness Hamwee
Am I right in understanding—and I apologise if this sounds as if I am trying to put words into the Minister’s mouth—that his concern is the bureaucratic provision of a requirement to make information available every year but he accepts that consent under these clauses would not properly be given unless the parent or child, as the case may be, is properly informed?
Lord Henley
Parents and children, to the extent appropriate for the child’s age, must be informed in the appropriate manner, and we want to get that right. We just do not think it needs to happen every year. If, as my noble friend Lady Walmsley said, there were substantive changes to what was being proposed, then further consent would be required, but we do not have to do that each and every year. Once should be enough for the duration of that child’s journey through that school.
Lord Lucas
My Lords, I am very sad indeed to learn that my noble friend’s equipment is entirely inanimate, but if for the purpose of legislation that is the meaning of the word, I am sure that having it in Hansard will suffice.
I am not at all sure that I understood the scope of “reasonable” as he expressed it. He said that the biometric system had to be run by or for the school, if I remember his wording exactly. I do not see where the boundaries of that are. If a bit of software provided by the school is being used on the school’s computers, why should that fall outside the prohibitions in this Bill just because it is a built-in component of a commonly available system? I would be very grateful if I could sit down with officials between now and Report to go through that.
I would also like to explore the scope of electronic means where we are looking at this consent. What forms of registering consent will be acceptable? This occurs as a general question. How is a school to know that a parent has given consent? How is it to know that it is the parent who has given consent? Schools do not have a stock of signatures to compare signatures against. If it is hard enough with something in conventional writing, how they are going to do it in electronic form I am not at all sure.
Lord Lucas
Yes, my Lords, and in the ordinary way where something is not, as it were, being mandated by law in the way that is occurring in the Bill, that would seem sufficient. I would like to be sure that that ordinary common-or-garden communication that the noble Baroness describes will be acceptable under the Bill. Clearly, there is the matter of a verifiable electronic signature. When we came to introduce electronic means into the definition of writing it was with the concept of an electronic signature that was verifiable so that you could complete documents by electronic means, but that is not what is being talked about here. What we are talking about is getting an email that says, “Yes, I’m happy and so is Fred”. Is that consent by both parents, or is there some greater degree of identification required for electronic communications to be acceptable under this thing? Or is it just the reasonable best efforts of the school? I am not asking the noble Lord to respond now if he has prepared—
Lord Henley
If I may, I will just briefly respond to the noble Lord. Obviously, on the question of what is reasonable, great tomes have been written about reasonability in legal terms for years and years, and it is something that we want to discuss. In regards to, as he said, what forms of consent will be required I think he was quite right to take the intervention from the noble Baroness, Lady Farrington, who as a mother and a grandmother speaks with great experience as to what happens to these messages and where they end up. However, if my noble friend would like to discuss this with myself and officials, that would probably be very useful, just to make sure that we can get it right between now and Report. I will certainly be more than happy to offer a meeting.
Baroness Farrington of Ribbleton
Can the Minister clarify before the next stage of the Bill whether or not, in circumstances where a school were to decide to use this form of recognition for people entering and leaving the school premises, he thinks that there are many 14, 15 and 16 year-olds who would withhold consent in order that they can slip out in the lunch hour unknown?
Lord Henley
If it was a matter of getting in and out of the school, there would have to be some other provision—as with school meals and libraries and so on—by which they could get in and out. It would not just be by biometric data; it might be by a PIN or a smart card or whatever. But I will certainly look at the point made by the noble Baroness, who speaks, as I said, with such great experience in these matters.
Lord Lucas
My Lords, I am grateful to my noble friend for offering a meeting. There are clearly also other subjects to discuss: what form of records schools commonly have about parenting and guardianship arrangements; whether those are sufficient to deal with the requirements of the Bill; whether the Bill allows sufficient flexibility to deal with occasions when parents should not be communicated with; and how commencement is proposed. The Bill will introduce a considerable process of adjustment even if it is taken carefully. As the noble Earl, Lord Erroll, said, it threatens effectively to make these systems inoperable and therefore to require schools at considerable expense and in a great hurry to put other systems in place and make alternative arrangements. The way in which this section of the Bill is to be commenced is quite important.
I would be delighted to have a meeting; I would be delighted if the noble Lord, Lord Rosser, wanted to join me, because it is clear that we have common concerns about how this will work in practice and a common suspicion that what the Government are about is trying to ban these systems all together. However, for now and particularly with regard to Amendment 85, I beg leave to withdraw my amendment.
Lord Marlesford
My Lords, I should first declare an interest as I have CCTV cameras around my house. My main point is that the emphasis has perhaps very much been on what is to some extent a sort of fear and constraint: “Let’s find out how much”. I can see that, absolutely. However, CCTV is actually one of the great advances in protection, liberty and freedom and in having a safer society. I would always caution against standing against it. I recollect very well that many years ago when Citizens’ Band radio first came out, the Home Office in those days was very opposed to it. It reckoned that radio communications were for the broadcasting authorities, the military, the emergency services and itself. For a long while, people were illegally using CB radios but eventually the Home Office came round to recognising that CB radios, and any other intercom system by wireless, was a perfectly legitimate method of life. It is now in the ultimate in the mobile phone.
I can see that information is always interesting to get, but sometimes a survey such as this can be very expensive. There could be a commercial interest; no doubt, companies who supply mobile phone networks and, indeed, the hardware for mobile phones do a great deal of market research in order to maximise their sales all over the world. However, one wants to be quite careful before one takes something which has become an absolutely standard method of life and starts to spend a lot of money—public money in particular—in making great inquiries into it. I am happy for the commercial people to spend their money.
The example of the police in France was fascinating, and I had not heard about that. I do not think that we must do anything which stands in the path of progress in using modern technology. CCTV is not a particularly modern technology but it is an absolutely everyday technology. All of that said, there must of course be constraints on abuse or misuse of a technology. That is all I would like to say.
Lord Henley
My Lords, I can be quite brief on this. I start by agreeing with the noble Lord, Lord Rosser, that CCTV is a vital tool in fighting crime. I believe that the public and the police are generally supportive of its use. The provisions in the Bill build on that support and will, I hope, maintain public confidence in the use of CCTV. However, as we saw with Project Champion in Birmingham—the noble Lord will remember this—such confidence can be very rapidly undermined if CCTV systems are seen as spying on local communities, rather than as a tool that helps keep them safe and secure. Therefore, we propose that our code of practice—for which guidance is set out in Clause 29—will form a coherent framework that will enable the public to challenge any system operator over how and why they use CCTV. It will also assist operators in maximising the effectiveness of their systems.
Calling for an inquiry is not only a very expensive option, as suggested by my noble friend Lord Marlesford, at a time when we do not want to spend money on such things, but also adds very little other than delay to the proposed code of practice, which will help to ensure the right balance between protecting the privacy of the citizen and the security and safety of the public. Our approach is designed to make sure that those using CCTV do so appropriately, proportionately, transparently and effectively. I think that was broadly endorsed by the various responses to our consultation.
Baroness Farrington of Ribbleton
My Lords, the Minister helpfully referred to the responses. The Local Government Association develops guidance for member local authorities in many areas of activity. What was its view of this process for getting a code? Will it be fully involved in looking at how a code would work?
Lord Henley
I cannot at this stage remember precisely what the LGA’s response was. However, I can assure the noble Baroness—who, with her local government background, is presumably a distinguished former member of the LGA—that we will certainly want to listen to its views as we get that code of practice sorted out. The Secretary of State must prepare it, as set out in Clause 29. We want to make sure that it is appropriately, proportionately, transparently and effectively designed to ensure that the right approach is taken in dealing with these things and we get—dare I say it again—the balance exactly right. I believe that there is consensus that further regulation is necessary. However, there is also consensus that there should be no further delay in this matter.
I object to the amendment, although I am grateful to the noble Lord for tabling it because it is useful to discuss the code, because we want to move ahead with getting that code of practice right. We will consult not just the LGA on that but a great many other bodies. However, having the inquiry, as suggested by the noble Lord’s amendment, would not achieve much. It might be that other inquiries will take place later but, for the moment, we want to get the code right and that is exactly what we will do. I hope the noble Lord will feel able to withdraw his amendment.
Lord Selsdon
Maybe my noble friend could help me with something. I have asked previously how many cameras are registered. The answer was that all cameras should be registered with the Information Commissioner. I then asked how many cameras are registered with the Information Commissioner and the answer was none. Presumably my noble friend will be introducing a new form of commissioner who will register certain cameras. Could he perhaps explain the difference between the new system and what was meant to be the old system?
Lord Henley
The noble Lord has me there at the moment because I cannot assist him. We will be discussing further commissioners in due course. As regards the number that are registered, the noble Lord is ahead of me because he has seen that answered by one of my predecessors. I prefer to write to my noble friend about the details of his inquiry. Perhaps we can have further discussions between now and Report.
Lord Rosser
My Lords, the Minister said that his concern is about delay, and I will come back to that in a moment. If that is his concern, it does not explain why he does not accept Amendment 110, which relates to the private sector and those who may be covered by Clause 33(5)(k), since there is no intention at the moment of introducing it into these areas, and therefore it would be possible without causing a delay to agree to an inquiry there. I take it that in view of the fact that the Minister has not accepted it in relation to Amendment 110, it is a fundamental objection to an inquiry, not simply about delay, because Amendment 110 would not result in a delay.
Lord Henley
That is not the only aspect. There is also the cost. The noble Lord has not said who is going to pay for this inquiry.
Lord Rosser
If the Minister would care to tell me how much he thinks it is going to cost, perhaps we could discuss that issue and look at some of the other things that the Government are spending money on.
Our concern is that the code of practice—when it is drawn up, and we have not seen it yet—will act as a deterrent and prove to be something of an exercise in bureaucracy and additional cost. Additional cost is obviously an issue that is of considerable concern to the Minister. We do not sense that this Government look particularly favourably towards CCTV and that that may be one of the motives behind this proposal. We do not know, and the Minister has not told us, what the code will contain or what its impact will be on the use of CCTV. He has remained silent on that issue. The advantage of an inquiry is that it would show the extent or otherwise to which CCTV is being abused, and the Minister referred to that, so clearly he considers it an issue. It would also identify quite clearly the advantages and disadvantages of CCTV and what it has achieved, because some of us think that it has achieved a not inconsiderable amount. At least when the code was being drawn up, it would be drawn up against the background of a proper inquiry having taken place and looked at some of the allegations that are made. Therefore the code would be relevant and would address hard evidence instead of views or perceptions, and it would also make sure that the code would not in any way go over the top. That is why we are putting forward this proposal.
We note that the Minister has rejected it. He said that it was on grounds of cost as well as delay and had to agree that Amendment 110 would not cause any delay. Our argument is that when he draws up his code of practice, it may well lead to additional costs and a reduction of CCTV in areas where it would be beneficial for it to continue. However, we note what the Minister said. I will not pursue that matter any further at this stage, and I beg leave to withdraw the amendment.
Lord Tunnicliffe
My Lords, I rise to speak to Amendments 102, 106 and 112A. I thank the noble Lord for ensuring that the results of the first consultation on the proposed CCTV code of practice were published before the Committee stage in order to ensure proper scrutiny. The opposition amendments in this group seek to probe the Government’s thinking in this area and to tease out more detail of the shape of the final code now that they have reflected on the results of the consultation.
On Amendment 102, we are concerned that any future code should not force local authorities and police forces into disclosing the location of cameras. The consultation notes that some respondents,
“considered that there ought to be public access to a full list of camera locations and data retention periods”.
I note that the Government, although not committing to such a view, stated in response:
“The Government intends that the Code of Practice will increase transparency over the operation of surveillance cameras”.
It is right that, in some cases, CCTV locations are made public. Indeed, many cameras are clearly visible to the public and their visibility acts as an important deterrent to crime. However, it must be right that local authorities and police should reserve the right to conceal the location of other cameras, particularly those positioned in sensitive locations and deployed temporarily in order to apprehend criminals. There is also a real concern that, by disclosing the location of cameras and surveillance centres, there is a risk that these will become the targets of vandals and criminals wishing to prevent the detection of crime. Will the Minister give a clear assurance to the Committee that any future code of practice will not include a blanket requirement to disclose the location of surveillance cameras?
Amendment 106 probes the Government’s intentions with respect to the code of practice in relation to CCTV and ANPR footage that is used as evidence in court. Clause 33 currently provides:
“A court or tribunal may, in particular, take into account a failure by a relevant authority to have regard to the surveillance camera code in determining a question in any such proceedings”.
In fact, this would appear to be the only real enforcement tool at the disposal of the Government. Local authorities will be required to have regard to the surveillance camera code but they will commit no criminal or civil offence if they fail to adhere to it. The implication is that the Government envisage that local authorities and police forces will feel compelled to comply with the code for fear that otherwise evidence provided by their cameras will not be admissible in court.
This view is reinforced by the response to the consultation in which the Government note that the failure to comply can be tested in judicial proceedings. It is one thing to conclude that evidence should be inadmissible on the basis that it violates requirements under the Data Protection Act; however, it is quite another to jeopardise whole trials on the basis that, for instance, the location of the camera in question was not adequately disclosed to the public. What assurances can the Minister give to the Committee that enforcement of the code in this way will not lead to the police being hamstrung in their use of key evidence derived from CCTV cameras?
Finally, Amendment 112A seeks again to probe the Government’s intentions with regard to ensuring that there is clarity for local authorities on the overlap of existing requirements under the Data Protection Act and those under the proposed code of practice. This point was raised by a number of sources when the Bill was debated in another place. Indeed, the Information Commissioner has himself expressed concerns about the implementation of the code in this area. In a letter to my noble friend Lady Royall on 22 November the Information Commissioner noted:
“There is potential overlap between these provisions, including my role, and those set out in the bill relating to the Secretary of State’s Code of Practice and the activities of the Surveillance Camera Commissioner”.
In his memorandum to the Public Bill Committee, the commissioner goes further, stating that,
“there is a risk that regulation becomes frequently fragmented, confusing and contradictory, especially if commissioners take different approaches … there will be overlaps in their responsibilities running the risk that commissioners may adopt differing interpretive approaches and guidance on each other’s statutory provisions”.
The Government’s consultation recognises that there is an issue to be dealt with, and states:
“We shall take note of the concern expressed by respondents in the way we develop the role of the Surveillance Camera Commissioner and how this interacts with that of the Information Commissioner and the Surveillance Commissioners”.
To prevent unnecessary bureaucratic burdens and confusion in the public sector, I ask the Minister to take this opportunity to expand on how the Government aim to ensure maximum clarity and minimum overlap in the roles and requirements of the two commissioners.
Lord Henley
My Lords, my noble friend Lady Hamwee moved Amendments 100 and spoke to Amendment 101, and the noble Lord, Lord Tunnicliffe, spoke to Amendments 102 and 112A.
In the amendment that we have just dealt with, the noble Lord, Lord Rosser, complained that we knew nothing about the code. Obviously, we do not know about the code at this stage because it has not yet been prepared. Some detail is given in Clause 29 about what the code may include particular provision about; we lay it out in subsection (3), which says:
“Such a code may, in particular, include provision about”,
and then goes from paragraphs (a) to (i). Subsection (4)(a) then provides that such a code also,
“need not contain provision about every type of surveillance camera system”,
and subsection (4)(b) says that it,
“may make different provision for different purposes”.
We have amendments from the noble Lord, Lord Tunnicliffe, dealing with that.
I start by dealing with my noble friend’s amendments, which seek to extend the list of matters that may be covered by the surveillance code of practice. As I have said, subsection (3) is intended to set out a very broad framework in the Bill for which issues may be covered in the code of practice. We have deliberately adopted a very flexible framework so that the code of practice can be revised over time in the light of experience and to reflect the wide range of circumstances in which surveillance cameras are used. For these reasons, the list of matters that may be included in the code is not intended to be prescriptive. Nor is it intended to be an exhaustive or exclusive list. The nature of such non-exhaustive lists is that they inevitably attract debate as to why this or that matter has not been included. Certainly, on first seeing Amendments 100 and 101 from my noble friend, I was unsure what she had in mind. However, I am grateful for her explanation that she wanted a degree of reassurance about what might be included. She also expressed concerns about standards and how they could concern not only the competence of an operator of CCTV but whether the operator was a fit and proper person. Those standards might also apply to operational processes but the code is intended to provide a degree of advice, rather than absolute prescriptive requirements. With that reassurance in mind, I hope that the noble Baroness will accept that, as we develop the code further, we can consider her points and make sure we get it right.
Baroness Hamwee
My Lords, it may be helpful if I address this issue now so that we do not need to come back to it later. The wording is “standards applicable to persons”. Is the Minister saying that this refers to the standards used by persons but it is not applicable to them? If anything, it is about them: it is not who they are but how they work and the standards that they use. It reads as though it is much more personal.
Lord Henley
I think that my noble friend has got it right. If she has not, I will certainly write to her. The point I was trying to get across is that the standards apply to the process and not just to the person. I expect my noble friend is a better draftsman than I am—I give her an assurance that I did not draft this myself—but Parliamentary draftsmen are a law unto themselves. If we have not quite covered the point that my noble friend is making, we will look at it.
I was slightly surprised that Amendment 102 was spoken to by the noble Lord, Lord Tunnicliffe, but I appreciate that it is a probing amendment and seeks to find out what we are trying to do. I repeat that the Government, despite what the noble Lord, Lord Rosser, said, are committed to supporting the use of CCTV and ANPR—automatic number plate recognition—as very effective crime-fighting tools and to their being used with the support and confidence of the public. That is the important point we must remember. We need the support and confidence of the public, and that is why I mentioned the experience of Birmingham when debating an earlier amendment.
Such support will be dependent on transparency on the part of the system operator about the purpose of their camera deployment and the area in which the cameras are being used. Not only would Amendment 102 send a signal that operators can be more covert about their use of CCTV but, more fundamentally, it is likely to run contrary to the Data Protection Act. The Information Commissioner’s existing CCTV code of practice is very clear on the general requirement to let people know that they are an entering an area with CCTV coverage. The guidance states:
“The most effective way of doing this is by using prominently placed signs at the entrance to the CCTV zone and reinforcing this with further signs inside the area. This message can also be backed up with an audio announcement, where public announcements are already used, such as in a station. Clear and prominent signs are particularly important where the cameras themselves are very discreet, or in locations where people might not expect to be under surveillance. As a general rule, signs should be more prominent and frequent where it would otherwise be less obvious to people that they are on CCTV”.
As I said earlier, we saw in Birmingham that public confidence can very rapidly be undermined if the police and others are seen to be imposing these systems without the appropriate public consultation or support.
That is not to say that there will not be occasions when covert surveillance needs to be conducted using CCTV. We are not ruling that out. However, in such cases the surveillance will need to be properly authorised under RIPA. Clearly, in such cases there would not be the same expectation that the location of the relevant cameras was publicly disclosed.
On Amendment 106, I appreciate that it stems from a concern that justice might be prevented or denied in a criminal trial where the defence argued successfully that a small technical breach of the code is sufficient to demonstrate that CCTV or ANPR evidence is flawed and not of a sufficient evidential standard. From that starting point it might be possible to construct a scenario where, in an attempt to invalidate that evidence against their clients, lawyers would be falling over the detail of a relevant authority's performance against the code and seeking auditable records of any decisions made. We believe that that evidence may be very valuable in any trial, but it is rarely going to be the only source of evidence. I find it difficult to foresee a scenario where a case would be dismissed just because CCTV evidence is argued as inadmissible due to the system operator being in some way non-compliant with the code. The amendment should be seen in the context of a code that is intended to be a reference document to help ensure that surveillance cameras are used proportionately and effectively but which does not impose absolute requirements on operators. Against that backdrop, we do not believe that the provisions will give rise to the fears expressed by the noble Lord.
On Amendment 112A, I have a degree of sympathy for the spirit that underpins it. It seeks to ensure coherence between the requirements in the surveillance camera code and the Data Protection Act and I can see why there might be concerns about overlapping guidance in this area. Those concerns are precisely the reason why we are proceeding with the development of the code through close discussion with the Information Commissioner and his office. The Information Commissioner is keen to work with us to help ensure that there is effective regulation of surveillance cameras with clarity and coherence for both system operators and the public. I believe that that work will ensure that not only the code of practice but the roles and responsibilities of the two commissioners fit together and everyone can be directed to the right place for guidance, information and advice.
I think that I have dealt with the point raised by my noble friend Lady Hamwee, and I hope I have dealt with the points raised by the noble Lord, Lord Tunnicliffe. I hope that my noble friend will feel able to withdraw her amendment.
Baroness Hamwee
My Lords, I am grateful for that clarification. Under Clause 34, the Secretary of State is to appoint the Surveillance Camera Commissioner. My amendment proposes that the appointment instead be made by Her Majesty by Letters Patent. The reason for this amendment is that the Information Commissioner, to whom we have referred several times this afternoon and previously in Committee, and who before holding this office was in a previous incarnation the Data Protection Commissioner and before that the Data Protection Registrar, is appointed through the process which I propose here. The roles of the Surveillance Camera Commissioner and the Information Commissioner seem to be complementary; there is a lot of common ground and certainly they have quite a lot of mutual interest. My amendment seeks to understand the distinction in the modes of appointment. Are the Government seeking to create some sort of hierarchy or, briefly, why is there a difference?
Before he had to leave the Committee the Earl of Erroll came over and said that he supported my amendment. Possibly his support is greater than the thrust of my amendment, at any rate at this stage, but I thought I should report that to the Committee. I beg to move.
Lord Henley
I am grateful to my noble friend for her amendment and for her explanation of what it is about. I am also grateful that she assured us that she had the support of the noble Earl, Lord Erroll, who I think has some very important hereditary role in Scotland which probably influenced him in his view of insisting that this should be a matter for Her Majesty rather than the Home Secretary.
I will make just a few remarks about the role of the commissioner which I hope satisfy her concerns. It is a role which will be pivotal in promoting first the new code of practice, and in assessing its effectiveness and impact. In particular, the commissioner is charged with encouraging compliance with the code, reviewing how it operates, and providing advice on the code. Precisely how the commissioner decides to fulfil those duties will be a matter for him, but it will involve an impartial and independent assessment of all the issues. Independence is something we want to stress.
As we have already made clear, as did my honourable friend when he debated these matters in another place, our intention is to combine the new role of the commissioner with that of the existing Forensic Science Regulator. The existing regulator, Mr Andrew Rennison, was appointed by the previous Government as the interim CCTV regulator. He therefore already has considerable grounding in this area, and he has established a wide range of contacts with interested parties. That will be helpful in his new role of promoting and monitoring the code of practice.
At the same time his work as the forensic regulator will provide a useful complement, as well as much relevant background, in the area of seeking to improve the consistency of use and standards of performance of CCTV. Improving the evidential value of camera usage and images is also an important area, and one which cuts across both roles.
At the moment—and I will come on to this—I appreciate that sometimes these matters are dealt with by the Home Secretary and sometimes by the Crown. However, I do not see the need to depart from the normal practice, that is that the appointment is made by the relevant Secretary of State, in this case my right honourable friend. As with any other statutory office holder, we would expect the Surveillance Camera Commissioner to discharge his responsibilities independently of ministers and without fear or favour.
As with other public appointments, the appointment process will be overseen by the Public Appointments Commissioner and from April 2012 it will be regulated by the Office of the Commissioner for Public Appointments code of practice. This will be the case whether the appointment is made by my right honourable friend or by Her Majesty on advice from the Government.
The amendment would not actually provide a materially different outcome in terms of independence of the officeholder. I appreciate that my noble friend has drawn a comparison with the Information Commissioner, suggesting that there is some sort of hierarchy between different appointments as to who makes them. However, that office has a somewhat wider remit and plays a key role in regulating the Government itself. The additional assurance provided by the appointment by Her Majesty is therefore justified in that case but I do not think it is warranted here, given the somewhat narrower focus of the Surveillance Camera Commissioner, and would not lead to a different outcome.
I hope that that assurance is sufficient for my noble friend. I assure her that we will want a robust, independent commissioner dealing with surveillance cameras and that the appointment process provided for in the Bill will secure that outcome. Although I appreciate that there are occasions when it is appropriate that Her Majesty should make the appointment on the advice of the Government, there are other occasions when it is just as appropriate that it should be by my right honourable friend the Home Secretary. I hope therefore that my noble friend will feel able to withdraw her amendment.
Baroness Hamwee
My Lords, that response is helpful, particularly the comment about the Information Commissioner regulating the activities of the Government. Of course, the Minister will understand that we think that the way the Government use cameras should also be regulated, as in my noble friend’s Amendment 107. I accept that there will not be any difference in reality in the process, except for that last stage. It is important to have had the assurance that there is not a hierarchy in importance or in powers. I was concerned that there should not be, given the potential mutual interest—as I said, it is not quite an overlap—and I think we have had that. I beg leave to withdraw the amendment.
Lord Henley
The noble Lord, Lord Phillips, mentions the Sub-Treasurer of the Inner Temple and assures the Committee that he does not think that he would act improperly in any way. I hope he would extend that to the Under Treasurer of the Middle Temple, my own Inn, because I am sure she would act in an equally proper manner. I see my noble friend Lord Faulks, who I think is a bencher of the Middle Temple, nodding in agreement on that matter.
Lord Henley
I thank the noble Lord for that. I hope I can deal with some of his queries, and I hope I can assure him that I do not believe that the drafting here is opaque in any way whatever.
When we look at Clause 33(5), it is pretty clear that we have all the classes listed in paragraphs (a) to (j), including the Council of the Isles of Scilly, the Common Council of the City of London and, in effect, all local authorities. Then we have paragraph (k), which states,
“any person specified or described by the Secretary of State in an order made by statutory instrument”.
That is as clear as clear could be that it can be extended by the Secretary of State after consultation with the appropriate people who might be affected. Those people could be public, they could be private, or whatever.
Lord Phillips of Sudbury
The Minister will have observed that Clause 33(2) states:
“A failure on the part of any person to act in accordance”,
with the code. That does not seem to sit comfortably with the much wider interpretation in the same clause of the same phrase.
Lord Henley
No, my Lords, it is very clear. In Clause 1, we are talking about any “relevant authority” and relevant authorities are listed in subsection (5). That could be extended. If it was extended, to use “relevant authority” in subsection (2) would not include paragraph (k) of subsection (5). The noble Lord is making a mountain out of a molehill. As I understand it, it is quite clear. Should it be extended, it would then be:
“A failure on the part of any person to act in accordance with the provision”;
“person” in its legal sense would include paragraphs (a) to (j), but would also include paragraph (k) if my right honourable friend had extended those who are covered by it by using subsection 5(k) so to do.
Lord Phillips of Sudbury
I promise that this will be my last intervention, but it is important to get this as right as we can. I am afraid the Minister’s argument does not hold because Clause 33(5) starts by saying:
“In this section ‘relevant authority’ means”,
and that includes any extension under paragraph (k). I put that to him, and I would be grateful if he would review this later.
Lord Henley
Obviously, I will take advice from those who are skilled in drafting, which is a skill that I have never learnt and I have no way round it. To me, it is quite clear that there is a relevant authority, and we list the relevant authorities, but “relevant authority” can be extended by subsection 5. Relevant authority is mentioned in subsection (1), but “any person” in subsection (2) would include all those in subsection (5)(a) to (j) and paragraph (k) when it expands the role of paragraphs (a) to (j). I suspect that we will not get very far by arguing this now, but it might be that we could discuss it later. It might be something that I can assure my noble friend that we will look at with the relevant drafting authorities to make sure that we get it right if he thinks that we have got it wrong.
I shall move on to the other questions that my noble friend asked about Clauses 34 and 35 and what the commissioner can do and how he can review the code. My noble friend felt that Clause 34(2)(b) on,
“reviewing the operation of the code”,
and Clause 34(2)(c) on,
“providing advice about the code”,
limit what the commissioner can do. Again, I stress that the commissioner is independent and it will be up to him to decide in the light of what is in statute. He will also have the ability to go beyond that should he so wish. The question that we come back to with the amendment concerns what sort of review we should have. I agree with my noble friend Lady Hamwee that it is quite right that we should keep the code under review, but I believe that the Bill provides adequately for that.
Clause 34 sets out the functions of the commissioner in some detail. They include encouraging compliance with the code and reviewing its operation. The commissioner is also asked to report annually on the exercise of those functions, and those reports will be laid before Parliament. In discharging those functions, we fully expect the commissioner to consider whether the code needs to be revised in any way and, no doubt, to offer advice and include recommendations to that effect in his annual report. We would also expect the commissioner to review from time to time whether the duty to have regard to the code should be extended to other operators, be they public or private, given that the extension of this duty is one of the ways in which he will be able, under Clause 34(2)(a), to encourage compliance with the code. Again, this is something that we want to do. Although the code will initially be binding on the relevant authorities only, we hope that others will look to it as the model by which they act. The commissioner will report annually on his functions so, again, we do not need to wait for up to three years, as suggested by my noble’s friend amendment.
With those assurances and that explanation, and accepting the point that we will certainly look again at what my noble friend Lord Phillips had to say about the drafting—I do not agree with him, but I might be wrong; I frequently am—I hope that my noble friend will feel able to withdraw her amendment.
Baroness Hamwee
My Lords, the Minister referred to compliance by relevant authorities and others who might look at how it is working. That takes us straight back to Clause 33(5)(k) and whether the person referred to there is to be construed in the normal meaning of that language. I have been trying to catch the eye of the noble and learned Lord, Lord Scott, to tempt him to enter into this, but he has resisted, which is probably quite right. I see now that he is not going to resist.
Baroness Miller of Chilthorne Domer
My Lords, it is very interesting that the Opposition have chosen to table a fairly narrow amendment to RIPA to explore these issues. In fact, the criticism from the very moment that it was conceived, let alone drafted or passed into law, was that it was poorly drafted and had many problems which I shall enumerate more fully under my Amendment 128.
It is interesting that the Opposition have chosen to table such a narrow amendment. Have they ignored all the other constructive suggestions that have been made? They are focusing their attention simply on this one issue when, in fact, as the noble Lord, Lord Rosser, has pointed out, it is probably the area of RIPA with the least problems.
Lord Henley
My Lords, I am grateful for that intervention from my noble friend Lady Miller.
The measures in Clauses 37 and 38, together with the changes that we propose to make through secondary legislation, will deliver the coalition commitment to limit local authority use of RIPA—a commitment we made when the coalition came into being following the last election. The Bill also gives effect to the conclusions of the counter-terrorism review which was published in January. That review recommended two changes to the use of RIPA powers by local authorities.
First, these clauses will require that the exercise of RIPA powers by local authorities be subject to prior judicial approval. The second change, which will limit local authority use of directed surveillance to the investigation of offences which carry a maximum six-month sentence, will be implemented through secondary legislation made under RIPA. That will ensure that direct surveillance cannot be used to investigate relatively low-level matters, such as littering, dog fouling and schools enrolment, while still allowing it to be used against large-scale matters such as fly-tipping or waste-tipping, extensive criminal damage and serious or serial benefit fraud cases.
In response to representations received during the review, we have decided to make an exception to the seriousness threshold for offences relating to the underage sales of tobacco and alcohol. The investigation of those offences relies heavily on the use of directed surveillance and so in these circumstances the review concluded that it was appropriate to have a limited carve-out so that trading standards officers could continue to take effective action against businesses which seek to flout the law on age-related sales.
The conclusions of the counter-terrorism review were endorsed by my noble friend Lord Macdonald, who provided independent oversight of the conduct of the review. However, the amendment seeks a rather wider review of RIPA. I will say straightaway that, although the Government agree that it is essential that people’s privacy is protected from any unnecessary or disproportionate access by public bodies discharging their duties, this is precisely why RIPA was introduced, debated and passed by Parliament. And it is precisely why the way it is working is kept under constant review—not just by the Home Office but by the independent commissioners who report to the Prime Minister and publish annual reports which are laid before Parliament.
In bringing forward the current proposals to limit local authority use of RIPA, we are responding to public concern about a specific area in which the law operates. The measures are intended to restore confidence and ensure that any fears of future misuse are unfounded. But there is no well-founded indication that there is a need for much more fundamental reform of RIPA. Indeed, any regulatory regime would need to be built on precisely the same principles and contain the same human rights safeguards as RIPA is built on.
No one should be complacent about how our right to privacy is safeguarded. The measures before us come from one review and were endorsed by a public consultation. We need to get on and deliver them, but I put it to the noble Lord that another review before we have delivered the recommendations of the first would be premature and no doubt expensive—I do not know how many other reviews he will propose during the passage of the Bill. We will continue to monitor how the new arrangements are working in practice and adjust our approach if necessary. The developments will be reported on also by the independent RIPA commissioner, whose published reports, as the noble Lord will be aware, are laid before Parliament each year. We are confident that the measures in the Bill, together with the associated secondary legislation introducing the seriousness threshold, will prevent local authorities using RIPA in a way that undermines public confidence. Therefore, I hope that the noble Lord will feel able withdraw his amendment.
Lord Rosser
My Lords, in drawing up the amendment, which the Minister said was quite wide-ranging in relation to RIPA, we were seeking to address in particular that part of the Act relating to local authorities, since the coalition has made it—and the Minister has reaffirmed it—one of its objectives. It is stated in the impact assessment that the provision stems from perceptions that local authorities have misused powers rather than, apparently, hard evidence. Bearing in mind the Interception of Communications Commissioner’s view that expenditure of £250,000 will be incurred on something that is apparently regarded, certainly as far as local authorities’ use of the powers is concerned, as a perception, it did not seem unreasonable to suggest that there should be an investigation to get some hard evidence so that we might all be clear on precisely what problem we were seeking to address.
However, I have taken note of what the Minister has said. We will reflect further on the matter. In the mean time, I beg leave to withdraw the amendment.
Lord Selsdon
My Lords, I shall speak to Amendment 126 and the other amendments. I support my noble friend Lady Miller. This subject is, unfortunately, one of my hobbies. I am totally opposed to people entering other people’s property without permission or court orders and I am totally opposed to this form of surveillance, even if it is called observation. I declare an interest as former secretary of the Parliamentary Space Committee; I am involved in space and privy to certain information about advanced technology that makes me even more nervous.
RIPA was a great idea when it started—like most things with initials that you cannot remember—but, even when it is amended, I will be concerned about public bodies and, in particular, covert activities. However, public bodies can get round the safeguards that are there by accepting evidence gathered by non-public bodies. That leads us to the fear that in these sorts of covert operations a public body, all in good faith, may find that it has an opportunity to obtain from a third party information that may be offered to it, not necessarily by a hacker but by some person who finds that he has something of value that could be sold. The amendment proposed is that one should not be able to use that information in prosecutions.
I will not go too far on this but we know that the listening devices that are around are extremely sophisticated and can be programmed from many miles away. Aerial surveillance is also possible from satellites in real time—not the Google thing of showing a picture of your house from above but information that can be picked up.
The purpose of Amendment 126 is to introduce a safety clause. I think that the Minister may be prepared to accept it. Once amended by the Protection of Freedoms Bill, public bodies will be able to get round the safeguards by accepting evidence gathered by non-public bodies using covert surveillance that could not have been authorised by the public body itself. This may mean that the public body, in good faith, is offered information or materials that could be helpful in pursuing its course by a private sector or non-public body. The question is therefore whether the public body has any responsibility for this and for the information provided. The suggestion here is that if freedoms are to be protected the loophole must be closed and it must not be acceptable for information to be gathered covertly without proper authorisation and used for prosecution. That means that the public body must take responsibility for any information that may be gathered and its name must be linked to it. Thus any information that is gathered that the public body has not itself authorised or been associated with should be excluded from any efforts of prosecution.
We know that many examples of this are being pushed around at present. The amendment is relatively simple; it says that anything that is done in the name of a public body, or is misused in the public body’s name, must be the responsibility of the public body, which should be responsible for making sure that everything is in order.
Lord Henley
My Lords, just to make sure that I get things right, I should make it clear that it is my understanding from the intervention from the Deputy Chairman of Committees that we are dealing with Amendments 115 and 120 to 128, but not with those in the name of my noble friend Lord Phillips, which start at Amendment 116, those being a separate group.
Lord Henley
I take that correction. I do not know how long we will spend finishing off this amendment, but perhaps this one or the next should be the last one that we deal with today, because I think we have made pretty good progress. We have will have a relatively short list of amendments to discuss for the next day and will have no problem finishing off Committee stage when we return after Christmas.
I am grateful to both my noble friends Lady Miller and Lord Selsdon for setting out their arguments in support of these amendments and I shall briefly deal with them. I start with Amendment 115 and the amendments associated with it—Amendments 120, 121, 123, 125 and 127—which leave out “relevant” or “relevant person”. We are introducing a judicial approval mechanism to restore public confidence in local authorities’ use of covert techniques. Local authorities will no longer be able to self-authorise or to use directed surveillance in trivial cases, thereby further safeguarding personal privacy. Such public concern does not exist for the use of covert techniques in cases of serious crime or national security. In a judicial review it will be for the magistrate to approve the authorisation for local authorities to use such techniques only where he or she believes that use of the technique would be both necessary and proportionate.
Imposing judicial approval on all public authorities, law enforcement and intelligence agencies, which the amendment of my noble friend Lady Miller seeks to do, could seriously impair the operational effectiveness of such organisations. Having to seek a magistrate’s approval may, given the extent to which such techniques are used, result in operational delay, which could have grave consequences. Furthermore, it is wholly inappropriate for the sensitive nature of these cases to be disposed to a local magistrate.
RIPA authorisations for the most sensitive techniques, such as intrusive surveillance and interception, which may be used only by law enforcement and intelligence agencies, are already pre-approved by a surveillance commissioner or the Secretary of State. The Government will continue to keep the use of RIPA under review and respond in the most appropriate way if there is evidence of misuse. If in the future there is a compelling case for extending the requirement for prior judicial authorisation for certain other public authorities, these clauses confer an order-making power to enable this to happen.
On the second part of Amendment 128, my noble friend Lady Miller suggested that there should be a further review by an independent reviewer. I appreciate that the concern behind the amendment is that the Act is now some 10 years old and that the pace of technological development during this time has been unparalleled, a point to which my noble friend Lord Selsdon referred. I agree that how this legislation is performing and keeping pace with these developments is something on which we would naturally all seek assurance.
At its heart, RIPA is human rights legislation; it contains human rights safeguards to ensure that it carries on working as Parliament intended. Those safeguards include the appointment of independent bodies to oversee, inspect and redress wrongs. As the Committee will be aware, there are three independent commissioners—all of whom have held some of the highest judicial offices in the land—to examine various aspects of how RIPA is working and to publish their findings. Their inspection teams visit public authorities using RIPA powers and provide valuable advice on interpreting the law correctly, and surveillance commissioners authorise some of its more invasive techniques. In addition, those commissioners produce annual reports on their findings which are laid before Parliament each year. So we already have an effective mechanism for ongoing scrutiny and reporting the findings to Parliament. The commissioners will continue to inspect local authorities and will report on how the judicial approval provisions are working in practice.
As to the wider question of changing the law to permit intercept material to be used evidentially—which is currently prohibited by Section 17 of RIPA—that is already being independently reviewed by Sir John Chilcot, who is leading a cross-party group of privy counsellors to examine how a model to permit this could work in practice. The Government will bring the subject before Parliament again once the cross-party committee has finished taking evidence. When it does so is a matter over which I have no control, but I look forward to being able to debate these matters in due course.
Lord Henley
My Lords, with the agreement of the Committee, this might be a convenient moment to adjourn until Thursday at 2 pm.