My Lords, first, I will attempt to answer the questions of the noble Lord, Lord Rooker. The purpose of the reference to the intelligence services is that this is an activity of the intelligence services and it distinguishes that from the activities of the police or others. Only the intelligence services carry out these functions. On his second point, it is absolutely true, and I know from my own experience, that any misconduct of this sort within the intelligence services would be very severely dealt with and would be the subject of disciplinary action, usually leading to dismissal. The problem with that approach is that it is less than the criminal offences that are applied to other types of misuse of these powers. It is difficult to explain to the public why there should be that distinction.
In answer to the Minister, to whom I am grateful for his explanation, if we are providing reassurance to the public, we ought to have an offence that relates directly to the misuse of bulk powers. Other specific offences are referred to in the Bill, such as for the misuse of communications data or under the Computer Misuse Act. Why in the case of the misuse of bulk powers should we rely only on the general power of misconduct in public office? That is an anomaly.
I wish to make it absolutely clear that, like the noble Lord, Lord Paddick, and the Minister, I have complete confidence in the integrity of members of the intelligence services. That is not what is at issue here. What is at issue is having equal treatment for different types of offence, different types of abuse of powers, under this Bill. It seems to me that there ought to be an evenness in the approach to that, which is not at present in the Bill.
My noble friends and I and, I am sure, the Intelligence and Security Committee will consider carefully what the Minister has said, but I must reserve our right to return to this on Report.