Our agreements are becoming rather less unusual. I do not know whether that gives the hon. and learned Lady any pleasure, or whether it causes her pain. None the less, she is right that, when we consider such legislation, it is important that it is scrutinised to an even greater degree than we would normally expect in this place.
The 2016 Act was considered by three Committees of this House. It was subject to pre-legislative scrutiny by a Joint Committee of both Houses of Parliament and, indeed, the bulk powers, which have been mentioned, were subject to an independent review by David Anderson, who has since been elevated to become Lord Anderson.
The hon. and learned Lady is right that the need for scrutiny is profound, particularly when we equip organisations with extensive authority to invade private space. Of course, we will not know much of what they do. Many of the individuals involved in the security services and the police, and the work they do, are rightly unknown to all but a few, so it is all the more important that, in giving them such authority, we behave in the way that the hon. and learned Lady describes—I am now adding to the small, two-person coalition formed between us.
It is right that the legislation is updated to make it fit for purpose. The ISC, of which I am also proud to be a member, has been told of the need for urgent, targeted and necessary changes. When we consider this Bill, we should test whether its provisions are indeed urgent, targeted and necessary. I am not absolutely convinced that all we see before us passes that test, and I will say a little more about that when I come to clause 14 and its associated schedule.
There is more expertise in the Chamber tonight than I could possibly imagine but, by way of background for the wider audience, I will say a word about what the 2016 Act does and why this Bill therefore matters. The Act provides the law-enforcement and security services with the vital powers they need to keep us safe, and it does so in a way that is clear and transparent.
When we passed the Act into law, we ensured that the safeguard mechanisms were radically overhauled. The innovative double lock that we put in place was, at the time, unprecedented. As the shadow Home Secretary said, it does two things: it provides the necessary protection
that she describes, but it also gives the security services confidence that what they are doing is not only authorised but thoroughly checked. It is also good for Ministers to know that the process has judicial oversight as well as political oversight.
There have been a number of changes since the Act was passed, both in the job done by the security and intelligence services and the police and in the reason they have to do that job, for the people who seek to do us harm are dynamic, too; they change what they do, and technology has also changed. All of that explains why this Bill is, in broad terms, welcome and necessary.
But the powers I describe are not given solely to the people I mentioned. They are also given to a number of other public bodies. This was debated at great length when the 2016 Act was considered in this place. These public bodies—ranging from local authorities to the Environment Agency, the Health and Safety Executive and all kinds of others—have proper legal functions. I am not debating that, but they are not quite of a kind with the security services and the police. To grant these bodies such intrusive powers was always controversial and, to put it mildly, was bound to give rise to some scepticism.
When Parliament considered the Act, we deliberated on that provision in great detail and took a very considered and cautious decision to restrict the use of the power, which we considered to be intrusive. As a result, the public bodies that I have described, including the Environment Agency, the Health and Safety Executive and local authorities, are required to take further procedural steps in order to compel the disclosure of communications data from telecommunications operators. They must obtain either an authorisation under the current IPA, a court order or other judicial authorisation, or regulatory powers in relation to telecommunications or postal operators, or they must obtain the communications data as secondary data as part of a valid interception or equipment interference warrant. So their ability to take advantage of the powers within the existing Act is both limited, particular and subject to those safeguards. The Bill before us seeks to remove that requirement for those further procedural steps in relation to a wide range of public regulatory authorities.
Worse still—I hope the Minister will correct this in his summation—we have yet to learn which those bodies are, as we have not seen a list of the authorities. I hope we will get that list, if not tonight—as it is a big ask for the Minister to read them all out in his 10-minute summation, I hope he will write to the House, and put a copy of the letter in the Library, explaining which bodies will enjoy those powers.
The Government’s argument for removing the restrictions I have set out is that a broader array of communications now fall into the category of communications data—the definition of communications data has broadened—and that a wider number of organisations now constitute telecommunications operators. As a result, it is said that the current restrictions prevent some regulatory authorities from acquiring the information necessary to carry out their statutory responsibilities. The problem with that argument is that unless we know what those regulatory functions are and unless we understand which bodies are involved in the supervisory functions, it is hard to know whether the changes before the House can be legitimised. I have no doubt that will be explored in
Committee— I would be amazed if it is not—but it would be helpful if the Minister could be ahead of that further consideration and clarify which specific bodies will fall into this category.
As I said, the issue was highly scrutinised when we last debated these matters. At that time, the powers were tied to national security and serious crime circumstances only, to avoid impinging on the very privacy mentioned by the hon. and learned Member for Edinburgh South West (Joanna Cherry). For that reason too, Parliament granted the powers to a limited range of organisations. We should not brush that aside lightly. Colleagues will be aware of various reports of the intrusive use of investigatory powers by local authorities and other public bodies. The House would not be content to introduce sweeping powers for an unknown and potentially unlimited number of public bodies, when a previous Parliament decided that was too intrusive. I would like the Minister to satisfy the House about the necessity of the change, to specify to whom the change will apply, and to reassure us that there is no weakening of the core connection between the privacy of the individual and the necessary powers available to do what is legally right.
As I said earlier, in broad terms the Bill is welcome. It is important to understand that we need to update the legal framework in which those missioned to keep us safe operate, but the Bill can be improved during its scrutiny. I simply point out that when we debated the Act in its original form, we recognised that through scrutiny that Bill could be improved. As we continue consideration of this important measure, I hope that this Minister—one of my successors as Security Minister—will recognise the same.
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