Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

The point that I was trying to address was the notion that the Government were in some way acting unlawfully, or countenancing that they might act unlawfully. I am asking it to be accepted that that is not the case. The notion of what might be important in operations is a matter based on evidence provided by the relevant authorities as to what they regard as essential for carrying out their tasks and meeting their obligations. As for the way forward, the noble Baroness, Lady Hamwee, raised several points about the way in which the order, and indeed the entire primary legislation, contains what she sees as grey and very wide areas. As these issues can cover a wide area of serious problems, they are tested by inevitably broad consequences. The facts and circumstances required to be weighed at each stage are gauged by necessity and proportionality. Because these are broad terms, inevitably, the language will be in wide terms. The addition of seriousness as one of the tests for authorisation would, I hope, to some degree, provide some reassurance that the concepts applied will provide a high level of protection against unwanted intrusion into privacy. The noble Baroness’s suggestion that this might be done better by going through the police at each stage is one with which the Government would take issue. There are 123 statutes which impose on public authorities various requirements of assessment, protecting public health, and so on. Inevitably, there are questions of resources. Parliament has decided that these particular authorities have these particular responsibilities. One can see that that is the road down which the enactment of RIPA has proceeded, bearing in mind resources and the parliamentary responsibilities of various public authorities. If one uses codes to provide guidance to these authorities, that, again, is precisely what primary legislation expressly recognises as a way in which these legal obligations may be guided.