Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

Perhaps I may take a few moments to answer the question of the noble Lord, Lord Selkirk of Douglas, which was important. To reiterate, there are two reasons why this order is necessary: to include those two agencies. There is no hidden agenda or flexibility to include any other function. The question is: what will Scottish Ministers be able to do or how will orders be issued? The order transfers functions under Section 5(1)(b) and (d) of the Regulation of Investigatory Powers Act 2000 to Scottish Ministers in respect of serious crime in Scotland. The functions relating to the issuing of warrants in Scotland are transferred to the Serious Organised Crime Agency and the Scottish Crime and Drug Enforcement Agency to authorise the making of requests for the interception of communications under international mutual assistance agreements and the disclosure of those intercepted communications. The purpose of the order is to allow the two organisations to apply to Scottish Ministers for warrants under Section 5(1) in the same way as other law enforcement agencies in Scotland can already do and to disclose the associated material under Section 5(1)(d). Certain related functions under Sections 9(1)(b), 9(3), 10(1)(a) and 10(2) of the 2000 Act are also transferred by this order so as to allow Scottish Ministers to renew, cancel or modify warrants issued to the directors-general of the two organisations. In addition, functions under Section 15(1) of the 2000 Act are transferred so as to allow Scottish Ministers to ensure that certain safeguards are in place in relation to the disclosure of intercepted material. We believe that the order is consistent with two previous orders made in 2000 and 2003 transferring functions related to the interception of communications to Scottish Ministers. I hope that the noble Lord finds that answer reassuring. If he wishes to have further information, I am sure that my colleagues in the Scotland Office will provide it. The noble Duke, the Duke of Montrose, asked whether a UK Minister can issue Section 5 warrants in Scotland anymore. The Secretary of State will issue interception warrants in respect of serious crime south of the border and national security for the whole of the UK, and Scottish Ministers will authorise interception warrants in respect of serious crime in Scotland and in order to request interception assistance from the EU MLAC. The noble Duke also asked about cross-border operations. English and Welsh officers do not have powers to conduct directed surveillance in Scotland under RIPA. Why not? It is correct that Part 2 of RIPA extends to Scotland only in limited specified circumstances; for example, UK-wide organisations such as the two we are talking about may operate in Scotland under RIPA. Otherwise, lawful surveillance in Scotland must be authorised under Scottish legislation. However, it is recognised that the current arrangements may hamper some cross-border operations, and the Scotland Office is working with the Home Office to rectify this. The noble Baroness, Lady Carnegy of Lour, asked about the schedule to the order. We will write to her with a full explanation of it and pass a copy to everyone else who has taken part in the debate. On Question, Motion agreed to.