Draft Investigatory Powers Bill

Robert Neill Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

I think that in their sedentary suggestion my hon. Friends made the right response to that particular point: “Speak for yourself!” There is an issue with the judicial panel, and a number of judges will need to be brought together. It is not the first time that changes have been made in matters relating to national security, where judges have to deal with them in different circumstances from which they have dealt with them previously. Judges are used to making independent decisions on a judicial review basis and on the basis of the law as they know it. Of course, a Secretary of State who, like me, has been in the position for some time will have seen a history of national security operations, for example, that provides a level of experience that would not be there the first time a judge looked at this. Ensuring that the judges are aware of that national security background will, I am sure, be part of the process. I have more faith in the judiciary and its ability to work independently than the right hon. Gentleman perhaps does.

[Robert Neill (Bromley and Chislehurst) (Con)]

I agree with the Home Secretary about the importance of putting faith in the ability of the judiciary. What consultation will she have with the Lord Chief Justice on the selection of members of the panel that will be appropriately security vetted? Can she ensure, for example, that an appropriate senior judge is available to be on call on a 24-hour basis, as is perfectly common in other types of judicial review proceedings so that delay is minimised? Will she also provide more detail on how the appointment of the judicial commissioners will take place and who will be responsible for it? Finally, will she give an undertaking that the ambition to introduce the Bill by the spring will in no way truncate the pre-legislative scrutiny of the Joint Committee?

[Mrs May]

On the last point, we will be talking to the Chairman of the Joint Scrutiny Committee, when appointed, about the appropriate timetable. Although we have the deadline of December 2016, we want to ensure that the process of scrutiny by the Joint Committee is a proper one, and the timetable will reflect that. On the judicial commissioners and the investigatory powers commissioner, we have already had some discussions at official level with the judiciary, as my hon. Friend might imagine. We would not be putting these provisions into legislation unless we had spoken to the judiciary about the requirements. Discussions about the precise elements that my hon. Friend and others have raised about the choice and number of judicial commissioners will be ongoing.