Investigatory Powers Bill

My Lords, I will confine myself to Amendments 39 to 42. I have a great deal of sympathy for the t...

My Lords, I confess to taking a rather different view of this. This is a question of judicial ove...

My Lords, we first have to decide what we want. Do we want judicial decision-making on these warr...

They have to be very wrong before such a conclusion can be arrived at.

With great respect to a respected lawyer, that is not correct. If the decision is disproportionat...

My Lords, I will say just a few brief words. I am not a lawyer but I have held executive authorit...

My Lords, that is precisely what this amendment is seeking to do.

<...

My Lords, I rise to speak to Amendment 41, which seeks to remove the requirement for a judicial c...

My Lords, listening to the debate as a non-lawyer, I get the impression it is being argued that t...

My Lords, I had not intended to speak until I had listened to the debate, especially what was sai...

The whole purpose of this legislation, whether we agree with it or not, is that there should be a...

My Lords, I with begin with some of the observations made in your Lordships’ House regarding judi...

My Lords, I am grateful to all those who have taken part in the debate either to support or oppos...

Originally, the period was five working days and, after due consideration, it has been reduced to...

Turning to judicial review, determination, refusal to approve and so on, the debate has made my p...

I should correct a reference I made. I referred in the context of the working days to Amendments ...

My Lords, I was so confused that I did not even bother to check the references. I beg leave to wi...

Moved by

Baroness Jones of Moulsecoomb

43A: Clause 26, page 20, line 23, leave out “S...

The amendment is about applications to intercept being made by a judicial commissioner, not the S...

My Lords, my Amendment 44 in this group might appear to want to resurrect the Wilson doctrine but...

My Lords, my noble friend Lady Hamwee and I have Amendments 45, 85A and 85B in this group. While ...

My Lords, this part of the Bill concerning Members of Parliament is a hugely important and grave ...

Perhaps I may make a brief comment about Amendments 85A and 85B in the names of the noble Lord, L...

I will begin with that last point on Amendments 85A and 85B. The Government believe that the powe...

Does that not make for a very limited interpretation of the Wilson doctrine? For the Prime Minist...

I concur with the observation of the noble Lord. It would have to be a change to the general poli...

Still on the Wilson doctrine, we heard in the Investigatory Powers Tribunal that the Government c...

I concur that there may be instances in which parliamentarians’ communications are not targeted b...

Can I ask the Minister a question before he finishes? I did not want to interrupt what he was say...

The noble Lord is, I believe, entirely correct. The sequence will be that the Secretary of State ...

My Lords, I wonder whether, just for the sake of completeness, I could get an assurance about thi...

I note the noble Lord’s observations. I cannot elaborate on the observations made by the noble Ea...

I thank all noble Lords who have commented on my amendments, and the Minister for his answers. Wh...

Moved by

Lord Pannick

46: Clause 27, page 21, line 6, after “items” insert “presumpti...

My Lords, the amendments in this group are in my name and those of the noble Lord, Lord Lester of...

My Lords, I support the noble Lord, Lord Pannick, in these amendments. I agree with him entirely ...

My Lords, I can be remarkably brief for a barrister. The answer to the question from the noble Lo...

My Lords, I want to address Amendment 48 in a few words. I find myself uncomfortably caught betwe...

My Lords, I will not dare to try to better the arguments already made in this debate but will onl...

My Lords, I put my name to these amendments. I am grateful to the noble Lord, Lord Pannick, for t...

My Lords, the example given by the noble and learned Lord, Lord Mackay, demonstrates why Amendmen...

My Lords, from our Front Bench I support these amendments, although I take the point about the in...

My Lords, a range of subjects appears to be covered both by the amendments and by today’s debate....

I was not intending to say anything this afternoon, let alone on this amendment, but following wh...

My Lords, the Government recognise the importance of legal professional privilege—the client’s pr...

My Lords—

If I might continue for a moment, reference was made to the potentially chilling effect—I am not ...

I take the noble and learned Lord’s point that “theoretical” is perhaps the wrong word to use and...

My Lords, before the Minister responds to that, it seems that he would be in a better position to...

Let me say this: the matter is not speculative and it is not theoretical, as the noble Lord conce...

If we assume that the Committee is with the Minister in saying that a wholly exceptional power th...

I am obliged to the noble Lord and I am coming to the point made by the noble and learned Lord, L...

My Lords—

Perhaps I may finish before the noble Lord intervenes. That is why we will keep this under consid...

What the Minister has said is welcome, because we do not want to vote on this on Report but to tr...

I note what the noble Lord says and welcome the suggestion that we speak to the Northern Ireland ...

I have listened with puzzlement. I know that anecdotes do not go down terribly well, but some yea...

There might be circumstances in which the relevant individual was intent upon a terrorist outrage...

But not the fact that he was proposing to escape charges of spying by going to another country. W...

There probably was because no was solicitor engaged. So privilege was not attracted at all.

The noble Lord makes a good point, and it may be that the noble Lord, Lord Thomas, wishes to refe...

The first thing I did was to instruct a solicitor to go and see him.

One possible approach would be to consider what is meant by legal professional privilege. It is a...

I thank all noble Lords who have contributed to this debate, particularly those who have provided...

Moved by

Earl Howe

50: Clause 31, page 24, line 11, leave out “before the end of the ...

Moved by

Baroness Hamwee

53: Clause 32, page 25, line 5, at end insert—

“( ) An...

My Lords, in this group, Amendments 53, 54, 55, 56, 57, 60 and 62, and the Clause 33 stand part d...

I will make just one very brief point. These amendments on modifications relate to an area where ...

Perhaps I might begin with that last point. The whole structure of the Bill involves checks and b...

My Lords, I have no problem with the government amendment, if one accepts the whole premise of th...

Moved by

Earl Howe

59: Clause 34, page 27, line 32, leave out “warrant as modified” a...

Moved by

Earl Howe

69: Clause 46, page 36, line 1, at end insert “by means of a telec...

My noble friend Lord Paddick and I want to explore a little the provisions on interception in cer...

My Lords, Clause 48 maintains the position set out in RIPA that interception is lawful in certain...

My Lords, I have found it difficult throughout the Bill to accept that something is necessary jus...

Moved by

Earl Howe

73: Clause 50, page 38, line 9, leave out “C” and insert “D”

My Lords, in moving Amendment 73, I will speak also to Amendments 74, 75 and 76. I can be brief. ...

Moved by

Earl Howe

74: Clause 50, page 38, line 18, at end insert “and which is desig...

Moved by

Baroness Hamwee

81: After Clause 53, insert the following new Clause—

...

I beg to move Amendment 81, and I shall also speak to Amendment 239. I am not proposing, now, a f...

My Lords, I have a question for the Government. Am I correct in believing that evidence derived f...

My Lords, the Government are, of course, committed to securing the maximum number of convictions ...

I thank the noble and learned Lord for his reply, but my question was: why is it in one case suit...

Because it has been established as a matter of evidential law over many years that it can be admi...

I am not sure that my noble friend will feel that he has had further enlightenment, but I have to...

Moved by

Earl Howe

85: Schedule 8, page 231, line 20, at end insert—

“( ) the d...

Moved by

Baroness Hamwee

86: Clause 222, page 172, line 4, leave out “an appropriate ...

My Lords, my noble friend Lord Paddick and I have Amendments 86 to 88, 244 and 245 in this group,...

My Lords, as was mentioned, Amendment 89 stands in my name and that of my noble friend Lord Rosse...

My Lords, this amendment seeks to ensure that communications service providers are fully reimburs...

My Lords, I wrote down a number of phrases, including “not unduly disadvantaged”. In the light of...

We are clear that it is important to ensure that communications service providers are neither adv...

It occurs to me that a happier term might have been “proper costs”. I am certainly not arguing th...

Moved by

Earl Howe

90: Clause 225, page 174, line 6, leave out “this Act.” and insert...

My Lords, I shall also speak to the other government amendments in this group. These amendments s...

My Lords, my noble friend Lady Hamwee and I have three amendments in this group. As a means of pr...

My Lords, I am speaking to Amendments 92, 102 and 103 in my name. These amendments address aspect...

My Lords, Amendment 93 stands in my name and that of my noble friend Lord Rosser and is on the sa...

My Lords, first, I should draw attention to my interests in the register on policing and countert...

My Lords, a number of amendments here separately seek to remove the encryption provisions from Pa...

Can the Minister comment on the fact that increasingly, encryption is end-to-end, and can he say ...

Certainly, targeted equipment interference is, if you like, the next step should interception not...

I thank the Minister for giving way. I think this is the first time I have heard the Government a...

I shall of course reflect on those points, which I was already aware of. It is important to empha...

My Lords, can the Minister clarify for me—I am sure that other noble Lords have got to the point ...

The answer to both questions is that it depends on what is reasonably practicable for the communi...

I am sorry to press the point, but I need to understand it. I understand the Minister’s answer in...

It might be, but it might not be. Again, it depends on what is reasonably practicable in the part...

My Lords, the Minister spoke about what is possible and reasonable, but the point of our Amendmen...

I fear that the Minister is taking himself down a long cul-de-sac here, because the implication o...

I was certainly not implying that the Government wished to ban end-to-end encryption; in fact, we...

Is the Minister therefore saying the Government’s expectation is that service providers will in f...

The Bill is clear that any attempt to obtain communications data must be necessary and proportion...

Moved by

Earl Howe

91: Clause 225, page 174, line 10, after “230” insert “and (Approv...

My Lords, there is mistake in Amendment 94. It should read:

“Page 175, line 22, after ‘noti...

Moved by

Earl Howe

94: Clause 226, page 175, line 22, after “notice” insert “—

...

Moved by

Earl Howe

100: Clause 227, page 175, line 40, after “must” insert “—

(...

Moved by

Earl Howe

106: Clause 229, page 177, line 40, leave out “(11)” and insert “(...

Moved by

Earl Howe

107: Clause 230, page 178, line 13, leave out “the Investigatory P...

Moved by

Earl Howe

110: Clause 230, page 178, line 29, at end insert—

“( ) But ...

Moved by

Earl Howe

111: After Clause 230, insert the following new Clause—

“App...