Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020

Debate between Lord Lexden and Lord Naseby

Wednesday 2nd September 2020 Grand Committee

[Lord Naseby (Con)]

My Lords, I have read the papers in front of us this afternoon and should like to highlight a couple of things. I note from paragraph 7.2 that there has been a

“rapid escalation of organised crime”

in recent years of fly-tipping and so on. It seems to me, as one who has been using the tidy tip in Biggleswade in Bedfordshire by appointment, that there is no provision for small businesses or small builders to get rid of their bits and pieces of rubbish. Although it is not absolutely covered by the order, I wonder whether it is not time to look at the fly-tipping challenge that we are facing in this country.

My other point concerns paragraph 7.3 and the Department of Health and Social Care. Am I right in thinking that that is to do with the purchasing done by the department? If not, what else does it cover?

Moving on, I note that 10 departments are now involved. One asks who is co-ordinating those 10 to ensure that they are consistent in their approach to what they think is fraud.

I declare an interest as a trustee of the parliamentary pension fund. We all know that small businesses have, quite rightly, been brought into the national pension scheme since 2012. Why, at this point, eight years on, is it felt for the first time that the Pensions Regulator should be given powers? Previously, it was not given powers, because they were not up to scratch. Any of us who are involved in that world know that it is hugely complicated at the moment; it is not easy, particularly for the millions of small businesses, to keep up to date with the changes that are being made. I am sure that mistakes are made, but I do not think that, at this point in time, this particular edition of the Pensions Regulator is proportionate to the problems in that area.

Moving on to the second order, those of us who have worked with or alongside the United States will be well aware that there are six states, Delaware being the leading one, that do not co-operate with the US Government very much at all in declaring who has moved money in and out of a state. We have had instances in the past on the Public Accounts Committee where it was clear that that particular state—and five others, I think—just does not co-operate. This all sounds fine here, but what will happen in relation to those states that do not co-operate with the US Government as a whole?

Secondly, what is the position of our overseas territories? I declare an interest: I have family in the Cayman Islands. In my judgment and, I think, in that of Her Majesty’s Government, those islands have been highly co-operative in trying to find a modus vivendi in the illegal movement of funds. Other parts of the overseas territories have not been quite so co-operative. It is not clear to me whether this agreement with the US is limited to just the UK and, as far as the States is concerned, probably does not touch those six states—I have mentioned only the leading one. I am not sure whether this measure covers the overseas territories. I do not think that it does, but I would be grateful for elucidation on that point.

Are we in a position to say okay, we have got the States, but there are other countries that we believe we should have a similar agreement with? If that is private and confidential, I do not expect it to be indicated this evening, but it would be helpful for the Committee to know the key parties—that is, countries—that we would like to have agreements with.

Paragraph 7.5 of the Explanatory Memorandum says that

“the Parties shall engage in a review of each Party’s compliance with the terms of this Agreement”.

One wonders how often. I happened to notice that tomorrow we will deal with a separate SI in which reviews will occur every three years. In other places, it is eight years. There does not seem to be too much consistency in government.

Paragraph 7.6 states:

“The IPA is included in this list, but the COPO Act is not, because it did not exist when the IPA was drafted. Consequently, the IPC is currently unable to keep under review any Agreement-related activity exercisable by virtue of the COPO Act, such as the use of OPOs.”


Is this not a loophole? Since we are doing this now—this measure must have been prepared some time ago—what are we doing to close that loophole?

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I call the noble and learned Lord, Lord Morris of Aberavon, Lord Morris? I think we have to move on, so I call the noble Baroness, Lady Jones of Moulsecoomb.