UK Parliament / Open data

Investigatory Powers Bill

It is true that such concerns have been expressed. Indeed, as we debate the Bill in further detail, particularly with regard to internet communication records, we will see that the capability of organisations to meet the Bill’s requirements must be met in a way that is not excessively expensive or impossible to implement, and that does not have the sort of unintended consequences described by my hon. Friend. It is partly the response to those overtures that has stimulated the changes under discussion. So it was, as he said, partly about what the Opposition said in Committee, partly about what the three reports said in respect of privacy and the consequences he described, and partly about the extensive discussions we have had with the sector on how these things could best be implemented.

5.15 pm

My hon. Friend is right that the effective implementation of these provisions is critical to their success. Had we paid less attention to that, he would have been the first to criticise us. He has been a diligent Member of this House for a very long time and he was a member of the Joint Committee that I mentioned, which looked at this Bill in some detail. If I understated the virtues of the new clause, as he suggested, perhaps that is a reflection of my style. As I said earlier, I wish to avoid hyperbole. I am grateful to him for drawing attention to the additional virtues of the new clause.

The new clause was inspired by the ISC, and it is based on the amendment that the hon. and learned Member for Holborn and St Pancras (Keir Starmer) tabled in Committee. I hope that on that basis, the whole House will be able to support it. It makes it clear that warrants or other authorisations should not be granted where information could reasonably be obtained by less intrusive means. It requires that persons, including Secretaries of State and judicial commissioners, who exercise functions under the Bill have regard to the public interest in respect of privacy, as my hon. Friend the Member for South West Wiltshire (Dr Murrison) has described. It makes it clear that criminal offences that apply to misuse of powers under the Bill are sufficient to put beyond doubt the fact that should anyone misuse the powers, severe penalties would apply. There can be no truck with that kind of deliberate wrongdoing.

Type
Proceeding contribution
Reference
611 c880 
Session
2016-17
Chamber / Committee
House of Commons chamber
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