Investigatory Powers Bill

Lord Murphy of Torfaen Excerpts

Monday 5th September 2016 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, I also support the two amendments in this group, the first from the Government and the second on behalf of the Intelligence and Security Committee. The amendments are very sensible. It does not seem to me at all right that the IPC should not say why an investigation should not be pursued.

Let me say very briefly how important it is that the role of the Intelligence and Security Committee is acknowledged in this House as part of this Bill. Indeed, scattered throughout the Bill and the Joint Committee’s report on the Bill are references to the Intelligence and Security Committee. I had the great privilege of chairing that committee for about two years and I believe that, since then, there has been enormous change in its powers and its membership—we have two distinguished members here today. That is so important to give confidence, not just to Members of this House and the House of Commons but to the public in general, that whatever happens—and which cannot be revealed, inevitably, because of the nature of this business—there is a committee of Parliament charged, as it is, with a highly distinguished membership, a very eminent chair and an expert staff. It is so important that that is recognised and that the Government support the amendment from the ISC.

[Lord Rosser (Lab)]

As has been said, government Amendment 193 places a statutory duty on the Investigatory Powers Commissioner to inform the Intelligence and Security Committee of Parliament of his or her decision as to whether to carry out an investigation, inspection or audit in cases where the Intelligence and Security Committee has referred a matter to the Investigatory Powers Commissioner with a view to the commissioner carrying out such an investigation, inspection or audit. Amendment 194, in the name of the noble Lord, Lord Janvrin, is very similar to the government amendment, except it also requires the Investigatory Powers Commissioner to provide the Intelligence and Security Committee of Parliament with the outcome of any investigation, inspection or audit carried out under the terms of the government amendment. I do not know whether the Government are going to accept Amendment 194—we shall find out shortly—or, alternatively, give reasons why it is not acceptable. They may simply say that this will happen anyway and that the amendment is therefore unnecessary.

However, I have one other, I think very minor, point to raise. I accept before I start that it may display a degree of confusion about another part of the Bill. Clause 206(1) enables the Prime Minister to give direction to the Investigatory Powers Commissioner, provided that it,

“does not apply in relation to anything which is required to be kept under review by the Investigatory Powers Commissioner under section 205”.

Clause 206(3) states that:

“The Prime Minister may give a direction under this section at the request of the Investigatory Powers Commissioner or the Intelligence and Security Committee of Parliament”.

Where the direction under subsection (3) has been given by the Prime Minister to the Investigatory Powers Commissioner at the request of the Intelligence and Security Committee of Parliament, will the terms of government Amendment 193 and Amendment 194, if accepted, apply in respect of the commissioner informing the Intelligence and Security Committee of Parliament of his or her decision and the outcome of any investigation, inspection or audit? If not, why not?