Let me first address that last point from the hon. Member for Hayes and Harlington (John McDonnell). Obviously we touched on that during our previous consideration of the Bill with regard to the code of practice under DRIPA, which has now been published, and I welcome his comments on that. We look forward to receiving feedback from him and from the NUJ on their views about our proposals as part of the consultation exercise. I understand his desire to see further scrutiny and challenge. Indeed, that examination remains ongoing on a number of different fronts. The interception of communications commissioner is carrying out a review in that area, which he intends to complete by 31 January next year. I repeat that we will of course want to consider his recommendations when we come to finalising the code, along with any other comments received. This is an important area that we have already debated. As I made clear on that occasion and am happy to reiterate, the Government recognise the importance of a free press and are determined that nothing should be done that might jeopardise that.
It is notable that the independent reviewer of terrorism legislation is examining the issue more broadly. The civil liberties and oversight panel is intended to support the independent reviewer in some of his work. The Home
Affairs Committee has provided its thoughts in relation to this issue, and Parliament’s Intelligence and Security Committee is looking more broadly at privacy and liberty. We look forward to receiving its report in due course, which may well touch on some of the themes that the hon. Member for Hayes and Harlington brought to the Committee this afternoon. Although I think his amendment is not necessary in the context of the debate today, I can reassure him about the level of scrutiny and examination that is being given to these essential points. I look forward to continuing the discussion of the matter.
On clause 36 and the Opposition amendments, the privacy and civil liberties oversight board is intended to support the independent reviewer and in so doing will provide much-needed capacity to allow the reviewer to consider a wider range of subjects than it is currently possible for one individual to undertake. However, it is right that we ensure that the statutory functions and objectives of the board are in line with those of the role it is designed to support.
Clause 36 provides for regulations to be made that would set out the detail of the board, including provisions about its composition, functions and appointment. These regulations will be subject to the affirmative procedure. Clearly, this is an important matter and any changes to existing oversight must be carefully considered—the point that the hon. Member for Kingston upon Hull North (Diana Johnson) rightly highlighted. That is why the Government will publish a full public consultation that invites comments on the proposals and provides an opportunity for all interested parties to influence key elements of the board, including its composition and appointment, some of the rights of access to documentation and the structure of the membership.
We will carefully consider the outcome of the consultation prior to bringing forward the regulations. We will invite comments on key elements relating to the organisation, membership, appointment and work programme of the board. Clause 36 already provides, subject to the outcome of the consultation exercise, that regulations may include provision about any number of the most important considerations relating to the board. That would allow the matters addressed in the amendments to be dealt with in the regulations, should it be appropriate to do so.