That is a very important point, and I completely agree. These are complex and difficult matters of public policy, and I completely understand that none of this is easy from the Minister’s perspective. However, if the right hon. Gentleman does not mind my saying so, his point strengthens the case for new clause 2, because we think it would provide a useful mechanism for the Government to track the development of these important matters, but also provide a mechanism for Members of this House to hold the Government to account on them. I am very grateful for the points he has made.
Before turning to amendment 24 on BPDs, which stands in my name, I would be very grateful if the Minister could say whether any progress has been made on arrangements to notify the Investigatory Powers Commissioner when adding new BPDs to existing category authorisations. It might not be in the Bill, but we think that even a reference to it in the IPC’s annual inspection would be helpful progress on this matter. The Minister, my right hon. Friend the Member for North Durham and I have discussed that, and I would be grateful if the Minister could said something about it.
I acknowledge the amendments on BPDs that were tabled by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). Both of
our parties have concerns about the definition of “low or no expectation of privacy” for BPDs, which we debated in a pretty constructive fashion on Second Reading and in Committee. However, Labour does not oppose the concept of “low or no expectation of privacy” for BPDs, which is why we will not support amendment 7, which was tabled by the SNP spokesman. Instead, amendment 24, which stands in my name, seeks further clarification on how “low or no expectation of privacy” will be applied to BPDs, with the aim that the parameters must be as clear as possible for the House to understand.
In Committee, the Minister used the Panama papers as an example of leaked and widely republished material being defined as a BPD with a low or no expectation of privacy. I understand why the Minister chose to use that example, but most other leaked documents containing personal information do not attract anywhere near the same level of media attention. Again, I would be grateful if the Minister took this opportunity to provide another example of information from a leak without widescale press coverage that would be suitable for the designation of a bulk personal data set with a low or no expectation of privacy.