Draft Investigatory Powers (Codes of Practice and miscellaneous amendments) order 2018

Nick Thomas-Symonds Excerpts

Monday 16th July 2018 General Committees

[Nick Thomas-Symonds (Torfaen) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I say at the outset that it is not the intention of the Opposition to oppose this statutory instrument.

First, I should refer to the general approach taken to the Investigatory Powers Act 2016, during whose passage the Government accepted a significant number of amendments. That was an entirely appropriate way in which to proceed, and I pay tribute to my predecessors in the shadow home affairs team, who obviously worked for the Opposition on that Bill, and also to my predecessor as Member of Parliament for Torfaen, now Lord Murphy, who chaired the Joint Committee that looked at the Bill and recommended a substantial number of amendments that were accepted by the Government. It is with that approach in mind that I look at the order.

As the Minister set out, the order brings into force three revised codes of practice relating to covert surveillance and property interference, to covert human intelligence sources and to the investigation of protected electronic information. These revised codes will, of course, replace the previous version. I agree with the Minister that it is obviously important that the codes of practice keep pace with change. The codes of practice in themselves are important safeguards as we try to balance the obvious needs of security with liberty and appropriate safeguards for that.

The second part of the order relates to public authorities and updates the public authorities listed in schedule 1 to the Regulation of Investigatory Powers Act in order to authorise direct surveillance and indeed use or conduct of covert human intelligence sources. It also sets out those within public authorities who may authorise these activities, and the purposes for authorisation. Again, those would seem to the Opposition to be entirely sensible measures.

On the third part of the order and the combined warrants, there was, as the Minister has set out, an unintended effect on warrant duration, which the order entirely appropriately seeks to correct. The double lock system of Secretary of State authorisation and judicial commissioner approval is a very important part of the overall framework, and very important in terms of the safeguards that are set out.

On that basis, the Opposition do not intend to oppose the order.