UK Parliament / Open data

Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2014

We are going back to the 127 people who are in the course of responding, just to clarify the position. That will give further comfort to people that the process has been open.

I am pleased, too, that the noble Baroness welcomed the significant changes that have been made to the code. These highlight genuine concerns that people have had about these issues and raised in other legislative fora, and the need for us to take action.

The noble Baroness asked how often the powers are used. It may be helpful for the Committee to know that under Part 2 of RIPA and Section 8 of the Regulation of Investigatory Powers (Scotland) Act, in 2013-14 the number of authorisations by law enforcement for intrusive surveillance was 392; for directed surveillance it was 9,664, while for CHIS it was 4,377. Directed surveillance authorisations by other public bodies stood at 4,412 and for CHIS at 53. That is quite a large number, but those who are undertaking covert surveillance account for less than 1% of total police numbers. They are trained to be deployed but they are not necessarily all on active duty at any point in time.

4.45 pm

On the broader issue on the powers of RIPA, the Data Retention and Regulatory Powers Act 2014 provides for a review of investigatory powers to be undertaken by Sir David Anderson QC, the independent reviewer of terrorism legislation. He is obliged to report to the Prime Minister by 2015. His review, and that of the Intelligence and Security Committee into privacy and security, will provide the opportunity for debate on the use, capabilities, oversight and safeguards of the important powers provided for in RIPA. Indeed, that was part of the amendment put forward by my noble friend Lord Strasburger during the passage of the Serious Crime Bill, when we were able to offer the reassurance that these issues are under active consideration. Clearly, however, the Government did not want to pre-empt any specific recommendations which may come forward from those reviews.

In terms of the distinction between long-term and short-term authorisations, the code of practice notes the change we have made to the authorisation of long-term covert operations to ensure a higher level of scrutiny. Operations continuing beyond 12 months must be authorised specifically by the Office of Surveillance Commissioners, which provides independent scrutiny of such operations. That is in addition to the provisions under an authorisation from a justice of the peace and the increase that we propose in the rank of the officer who needs to make such a decision.

The noble Baroness asked about judicial approval of undercover deployment, which is a very important issue. RIPA provides a strong set of safeguards to ensure that the powers are used properly and to prevent abuses. In addition, the surveillance commissioners, who are all retired members of the judiciary, provide oversight and approve longer term undercover operations, which is the area in which the historical abuses arose. The police and other enforcement agencies deploy undercover officers to deal with some of the most serious violent crimes, to which the noble Baroness referred. A balance needs to be struck between operational flexibility and controls which prevent misuse of their powers.

I think I have covered most points, but I will happy to go back and review with officials the remarks of the noble Baroness. I am grateful that she has made them. These orders and the codes of practice implement a small but important part of the process of ensuring that a balance is maintained between effective law enforcement and universal entitlement to privacy and ensure that any improvements which strengthen the regime are reflected in the codes. RIPA requires public authorities to have regard to the codes of practice, and I know that they are relied upon extensively by practitioners as a source of guidance on how to comply with the letter and spirit of the law. It is essential that the codes keep pace with changes to the legislation and I am pleased that they have been brought before the Committee. I commend them to the Committee.

About this proceeding contribution

Reference

757 cc21-2GC 

Session

2014-15

Chamber / Committee

House of Lords Grand Committee
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