Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006

I understand the desire of the noble Lord, Lord Phillips, to have on one piece of paper those things that were and those that will be—indeed, that is the way that we have worked on a number of occasions. However, he will know that that is outwith the usual practice in relation to legislation—although we managed to do that for the debates, because it was useful. I certainly hear what he says and, from a practitioner’s point of view, such an arrangement would be of assistance. I can reassure him that a Department for Constitutional Affairs project aims to put the consolidated statute book on to the internet, which will be of great assistance and a valuable tool for all of us who work on the amendment of legislation. Section 30 of RIPA provides explicitly that an order may be made consequential on any change of name of a public authority listed in Schedule 1. Parliament recognised that names of authorities would change and that Parliament would endorse that change. We are conferring RIPA powers on the newly named authorities, and if such changes are not made under the RIPA order, they may be included in the primary legislation creating the new public authorities. The amendment to the legislation has a legal, technical point relating to privatised prisons. It had been spotted that this matter might need to be dealt with while Parliament was closed. So, in the change of names, it is important to ensure that we are compliant and this is an appropriate way of dealing with the issue. As to paragraph 4.18, the policy is dealt with at paragraph 7.13 of the Explanatory Memorandum. The Defra entries are being amended because an internal reorganisation has merged several departments or they have been superseded by departments that now have an investigation and prosecution function. The Royal Mail is a public authority by virtue of being a universal service provider under the Postal Services Act 2000 and, as such, is subject to statutory functions that are enforceable as a matter of public law. For that reason, it is a public authority for the purposes of the Human Rights Act and RIPA. Whether it is privatised or not, the test is the universal service provision that the Royal Mail continues to provide.