Much of the Bill as it currently stands is about drawing together many strands of existing legislation, much of which has been criticised previously for being written in an arcane and inaccessible manner, and about providing more protection of and ensuring compliance with our fundamental human rights. I therefore welcome the Bill, as it makes matters much clearer, and preserves powers and the rights that we hold so dear while protecting our constituents from more modern forms of terrorism, which we must all be so wary of and do everything we can to protect against. In assessing the oversight regime I will focus on the roles of two bodies that in my view provide sufficient oversight and checks and balances on the use of investigatory powers, in the light of the Government provisions that we are debating today.
7.45 pm
The Investigatory Powers Tribunal was set up to provide the right of redress for those who believe that they have been unlawfully subjected to investigatory powers or have had their human rights breached by a Government agency. I note that the rules and procedures of the IPT have been found lawful by the European Court of Human Rights. The IPT sits and reports in public where to do so does not compromise privacy or security. The Bill will strengthen the tribunal process and give individuals recourse to take a tribunal decision to the Court of Appeal.
With respect to the proper oversight of the investigatory powers exercised by public authorities, it must surely be a source of great strength to consolidate the existing three separate commissioners into a more powerful single oversight body headed by the Investigatory Powers Commissioner. The office of the commissioner will be supported by a number of other judicial commissioners, all of whom must hold or have held high judicial office. The judicial commissioners will be appointed by the Prime Minister, who must consult the most senior members of the judiciary in England, Wales, Scotland and Northern Ireland, a point I reflected on when hearing from the SNP on whether judges would be suitably impartial in
determining their powers. The fact that they must have held the highest judicial office gives me the comfort that they will.
I welcome new clause 5, which should bolster privacy while providing our public agencies with the powers they need to keep us safe. Under the new clause there will be an assumption that a warrant or authorisation should not be granted where the information could be obtained by “less intrusive means”, the Secretary of State and judicial commissioners must have regard to
“the public interest in the protection of privacy”
and criminal sanctions are specified for those who abuse the powers in the Bill. Those sanctions should act as a deterrent, alongside the recourse to the tribunal should the powers be abused.
I look at the Bill very much with regard to whether it balances the needs of human rights with our need to protect our constituents. I believe it does. We should recall that the bulk of the Bill brings together numerous items of legislation that have not been as transparent as the Bill is, and have fallen foul of fundamental EU rights. In doing so, the Bill captures the work of three important reports of 2015, all of which concluded that the law in this area was unfit for purpose and needed reform, and pre-legislative scrutiny by three parliamentary Committees. Ultimately, we live in dangerous times, and it is vital to ensure that our Government agencies have the powers to protect without the ability to harm the individual liberties of law-abiding constituents. The Bill and the amendments that the Government have tabled deliver that balance.