UK Parliament / Open data

Investigatory Powers (Amendment) Bill [Lords]

As my right hon. Friend will know, several powers in the earlier Bill—the one that he took through the House—were indeed overseen in various different ways. The Bill does not seek to undermine any of that oversight; what it seeks to do is clarify, in certain areas, where it is necessary. My right hon. Friend has highlighted individual agencies or bodies, and I should be happy to write to him to ensure he is aware of exactly where that is being covered.

The right hon. Member for North Durham spoke about prior judicial authorisation for ICRs. The purpose of the Bill is to try to streamline operations for the intelligence services in areas where the risk is of, as we are calling it, low or no expectation of privacy. He will have seen in the Bill what the expectation means, including areas where information has already been readily made public. I accept his commentary and I would be happy to enter into further conversations with him, but the reason we are not currently going down that route is simply that the existing law, the IPA 2016, allows the collection of bulk data with prior authorisation. This is intended to speed the process up. If we put in the measures he is referring to, we would effectively remain in the same place that we are now. That would make it harder for the volume of data that is now coming to be considered by the intelligence agencies. That is why we have made the provision for a subsequent approval rather than a prior approval. He is right to say that it involves a maximum of a year, although I think it unlikely that it would go to that maximum. That will be in cases where this is low or no expectation of privacy—after it has already been agreed by a judge to be in the correct category. I think the right hon. Gentleman might be looking at this through the other end of the telescope.

About this proceeding contribution

Reference

745 c555 

Session

2023-24

Chamber / Committee

House of Commons chamber
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