My Lords, I beg to move the amendment in my name. Most of the amendments in this group are technical in nature, and as such I shall try at this late hour not to dwell on them too long.
Amendments 6 and 189 are designed to ensure that the commission produces and publishes a work plan for each financial year. Amendment 7, 10 and 11 make changes to the existing provisions on annual reporting, bringing them in line with the process for producing a work plan. This will ensure that the commission has properly considered, and planned for, its expected caseload in each financial year. This is similar in rationale to comparative provisions in other legislation, including the Domestic Abuse Act 2021, which requires the Domestic Abuse Commissioner to publish strategic plans and annual reports.
I have also tabled a series of technical amendments that are clarificatory in nature. Amendment 17 deletes a reference to a commissioner having been removed from office on grounds of ill health, as ill health is not a ground for removal from office. Amendment 18 ensures that the definition of “insolvent” which applies for the purposes of the provision on the removal of commissioners also applies for the purposes of the provision on the appointment of commissioners. Amendments 19 and 31 update the provisions about the application to the commissioners and commission officers of the law relating to the rehabilitation of offenders. They ensure that the Bill reflects the current approach taken in law.
Amendment 32 ensures that the commissioner for investigations, who is also a commission officer, falls only within paragraph 14 of Schedule 1 as a commissioner and not also within paragraph 20 as an ICRIR officer. Paragraphs 14 and 20 make equivalent provision to ensure that the prohibitions on trade union activity that govern the police do not apply to the commission.
Amendment 42 avoids overlap with provisions of the Assaults on Emergency Workers (Offences) Act 2018, which will apply to designated commission officers
operating in England and Wales. Amendment 194 changes the definition of “reserved provision” with regard to this legislation, reflecting the fact that Section 8(b) of the Northern Ireland Act 1998 requires consent to a Bill rather than to the Act itself. The commissioner for investigations will have the powers and privileges of a constable and be able to designate other commission officers with police powers as required.
Amendments 179 and 181 will enable the commission to enter into bespoke agreements with relevant oversight bodies—namely, the Police Ombudsman for Northern Ireland, the Independent Office for Police Conduct in England and Wales, and the Police Investigations and Review Commissioner in Scotland—regarding arrangements for external oversight of the commission’s use of police powers. This will ensure that powers are used proportionately.
The Bill as drafted includes consequential amendments giving the commission the power to request communications data directly from UK companies. Schedule 12 currently gives the commissioner for investigations the power to grant authorisations to obtain communications data for the purpose of preventing or detecting crime or preventing disorder under the Investigatory Powers Act 2016. However, following further consideration, it is the Government’s view that providing the commission with such powers would be disproportionate, particularly given the complex statutory regime associated with such powers and the scope of the commission in relation to the review of historic cases, the most recent of which, as I said in my response to the last group, are more than a quarter of a century old.
It is important to note that telecommunications operators are required to comply with the Data Protection Act, meaning that they would need a business justification for retaining communications data from 1998 and before. Therefore, the likelihood of providers holding relevant data for the purposes of the commission’s functions is very remote indeed. Removal of this clause will have no impact on the commission’s ability to obtain communications data previously obtained and still held by the relevant authorities using investigatory powers as part of previous investigations. Nor does it affect powers which flow purely from commission officers having the powers and privileges of constables. On reflection, the Government do not consider it necessary or proportionate to give the commission access to this power, given the nature of legacy investigations. I have therefore tabled Amendments 180, 182 and 183 to address the Investigatory Powers Act. The noble Baroness, Lady O’Loan, and I discussed this issue last week and I acknowledge that she has some concerns, which, again, I am very happy to discuss with her further. I beg to move.