Draft Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2025

Rebecca Smith Excerpts

Tuesday 10th June 2025 General Committees

[Rebecca Smith (South West Devon) (Con)]

It is a pleasure to serve under your chairmanship, Dr Murrison. I thank the Minister for his comments.

In a world of instant communication, it should come as no surprise that tackling crime often requires public officials to obtain communications data. That is obviously true of cases where it is necessary to keep the public safe, but increasingly for cases of fraud, intellectual property theft and similar crimes. The Investigatory Powers Act, introduced by the previous Conservative Government, clarified existing powers in that space and established new ones. It is right that future Governments expand on those powers to ensure that public bodies can enforce the law and stay up to date with the latest changes in how and where criminals operate. We therefore support the regulations before the Committee.

We also support the useful update of organisations that are choosing not to access those powers any more, including my local South Western ambulance service. We must ensure that mechanisms are in place to review and qualify the use of such powers where public safety conflicts with individual privacy. It is right that there are clear guidelines for when the powers can be used and for what purpose.

Given that the regulations operate within the framework set out by the Act, we do not need to revisit that debate in detail. I am confident that the safeguards and guardrails established by that Act are adequate, allowing public officials to strike the right balance between keeping us safe and protecting our freedoms. That balance always requires careful calibration, but today’s regulations do not pose a risk to it.

Although public authorities are granted enforcement powers in good faith, they do not always use them effectively for a wide range of reasons. It is vital to take steps to mitigate that, because if the powers are used incorrectly, public bodies not only risk allowing criminals to escape justice but risk damaging the case for using them in the first place.

With that in mind, what consultations have the Minister and his Department undertaken with the public authorities empowered by the regulations? Do those authorities have adequate resources and legal advice on the use of the new powers? What steps is his Department taking to assess the extension of similar powers to other public authorities in future?