Draft Investigatory Powers Bill Contents

Formal Minutes

Wednesday 3 February 2016

Members present:

Lord Murphy of Torfaen, in the Chair

Baroness Browning

Lord Butler of Brockwell

The Bishop of Chester

Lord Hart of Chilton

Lord Henley

Lord Strasburger

Victoria Atkins

Suella Fernandes

Rt Hon David Hanson

Stuart C McDonald

Shabana Mahmood

Dr Andrew Murrison

Matt Warman

Draft Report (Draft Investigatory Powers Bill), proposed by the Chairman, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 322 read and agreed to.

Paragraph 323 read, as follows:

We recognise that, given the global nature of the internet, the limitation of the bulk powers to “overseas-related” communications may make little difference in practice to the data that could be gathered under these powers. We recommend that the Government should explain the value of including this language in the Bill.

Amendment proposed, at the end to add “and consult on alternative ways of excluding people in the UK from the scope of bulk interception and bulk equipment interference warrants”.—(Stuart C. McDonald.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 4

Not-Contents, 10

Stuart C. McDonald

Shabana Mahmood

Lord Murphy of Torfaen

Lord Strasburger

Victoria Atkins

Baroness Browning

Lord Butler of Brockwell

The Bishop of Chester

Suella Fernandes

Mr David Hanson

Lord Hart of Chilton

Lord Henley

Dr Andrew Murrison

Matt Warman

Question accordingly negatived.

Paragraph agreed to.

Paragraphs 324 to 432 read and agreed to.

Paragraph 433 read.

Amendment proposed, to leave out the paragraph and insert—

“In order to provide a full ‘double-lock’ where judges can decide on the merits of each case, the Committee recommends the deletion of clauses 19(2), 90(2), 109(2), 123(2), 138(2), 155(2).” —(Stuart C. McDonald.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 4

Not-Contents, 10

Stuart C. McDonald

Shabana Mahmood

Dr Andrew Murrison

Lord Strasburger

Victoria Atkins

Baroness Browning

Lord Butler of Brockwell

The Bishop of Chester

Suella Fernandes

Mr David Hanson

Lord Hart of Chilton

Lord Henley

Lord Murphy of Torfaen

Matt Warman

Amendment proposed, to leave out the paragraph and insert—

“In order to clarify the meaning of judicial review in the context of this Bill, the Committee recommends the addition of some further clauses on the face of the Bill detailing the exact remit of the Judicial Commissioner when making their decision about authorisation of these warrants. These should specify that the Judicial Commissioner must take into account necessity and proportionality when making the decision, and consider the merits of the case on the basis of the written evidence submitted to the Secretary of State.” —(Lord Strasburger.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 6

Not-Contents, 7

The Bishop of Chester

Mr David Hanson

Shabana Mahmood

Lord Murphy of Torfaen

Dr Andrew Murrison

Lord Strasburger

Victoria Atkins

Baroness Browning

Lord Butler of Brockwell

Suella Fernandes

Lord Hart of Chilton

Lord Henley

Matt Warman

Question accordingly negatived.

Paragraph agreed to.

Paragraphs 434 to 481 read and agreed to.

Paragraph 482 read.

Amendment proposed, to leave out the paragraph and insert—

“The Committee recommends that the Government considers whether, given the lower level of authorisation already applied to communications data, it is necessary to have these emergency procedures in place.” —(Victoria Atkins.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 5

Not-Contents, 9

Victoria Atkins

Baroness Browning

Suella Fernandes

Lord Henley

Matt Warman

Lord Butler of Brockwell

The Bishop of Chester

Lord Hart of Chilton

Mr David Hanson

Stuart C. McDonald

Shabana Mahmood

Lord Murphy of Torfaen

Dr Andrew Murrison

Lord Strasburger

Question accordingly negatived.

Paragraph agreed to.

Paragraphs 483 to 496 read and agreed to.

Paragraph 497 read.

Question put, That the paragraph stand part of the Report.

The Committee divides.

Contents, 7

Not-Contents, 7

Lord Butler of Brockwell

Mr David Hanson

Stuart C. McDonald

Shabana Mahmood

Lord Murphy of Torfaen

Dr Andrew Murrison

Lord Strasburger

Victoria Atkins

Baroness Browning

The Bishop of Chester

Suella Fernandes

Lord Hart of Chilton

Lord Henley

Matt Warman

There being no majority for removing the paragraph, it was agreed to.

Paragraphs 498 to 501 read and agreed to.

Paragraph 502 read.

Amendment proposed, to leave out the paragraph and insert—

“The Committee is unconvinced by the Government’s argument that National Security and Technical Capability notices are “of a different order” to other warrants and recommends that they are also subject the ‘double-lock’ authorisation procedure.” —(Stuart C. McDonald.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 2

Not-Contents, 12

Stuart C. McDonald

Lord Strasburger

Victoria Atkins

Baroness Browning

Lord Butler of Brockwell

The Bishop of Chester

Suella Fernandes

Mr David Hanson

Lord Hart of Chilton

Lord Henley

Shabana Mahmood

Lord Murphy of Torfaen

Dr Andrew Murrison

Matt Warman

Question accordingly negatived

Paragraph agreed to.

Paragraphs 503 to 563 read and agreed to.

Paragraph 564 read.

Amendment proposed, to leave out the paragraph and insert—

“The Committee has concerns as to the level of protection which the Bill affords to the communications of Parliamentarians. The Bill affords a measure of protection to communications between an MP and his constituents but the precise nature of this protection and the protection afforded to other communications which a Parliamentarian may have is not clear. This may include, for example, communications with a whistleblower (which might be regarded as part of a Parliamentarian’s remit) or investigative journalist (which might be regarded as conducive to a healthy democracy).

The protections afforded by clause 16 relate solely to targeted interception and examination warrants. These protections should be applicable in the case of all warrants and the acquisition of communications data. Further, the protections afforded by the code of practice to be made under Schedule 6 relate only to communications data arising in respect of communications betweens and their constituents. The protections should be extended to cover all categories of warrants and all communications between an MP and a third party arising as a result of his position as an MP.”—(Stuart C. McDonald.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 6

Not-Contents, 8

Lord Butler of Brockwell

The Bishop of Chester

Stuart C. McDonald

Shabana Mahmood

Lord Murphy of Torfaen

Lord Strasburger

Victoria Atkins

Baroness Browning

Suella Fernandes

Mr David Hanson

Lord Hart of Chilton

Lord Henley

Dr Andrew Murrison

Matt Warman

Question accordingly negatived.

Paragraph agreed to.

Paragraphs 565 to 587 read and agreed to.

Paragraph 588 read, as follows:

We recommend the Lord Chief Justice should have the power to appoint Judicial Commissioners following consultation with his judicial opposite numbers in Scotland and Northern Ireland and with the Prime Minister, Scottish Ministers and he First Minister and deputy First Minister in Northern Ireland. This will ensure public confidence that the Judicial Commissioners are independent and impartial and enhance political confidence in the Judicial Commissioners. The Lord Chief Justice will also be able to assess the impact of appointments on the work of the High Court and the Court of Appeal which must not be impaired by the creation of the Judicial Commissioners. The Judicial Appointments Commission must also be consulted to ensure the appointments procedure is fair and transparent.

Amendment proposed, in line 1, to leave out from beginning to “The” in line 7 and insert—

“We recommend the Prime Minister should be able to exercise the power to appoint Judicial Commissioners only following consultation with the Lord Chief Justice. This will ensure Judicial Commissioners have the confidence of the political establishment. The impact of the creation of the Judicial Commissioners on the work of the High Court and Court of Appeal will be taken into account through consultation with the Lord Chief Justice.”—(Baroness Browning.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 5

Not-Contents, 9

Victoria Atkins

Baroness Browning

Suella Fernandes

Lord Henley

Matt Warman

Lord Butler of Brockwell

The Bishop of Chester

Mr David Hanson

Lord Hart of Chilton

Stuart C. McDonald

Shabana Mahmood

Lord Murphy of Torfaen

Dr Andrew Murrison

Lord Strasburger

Question accordingly negatived.

Paragraph agreed to.

Paragraphs 589 to 607 read and agreed to.

Paragraph 608 read.

Amendment proposed, to leave out the paragraph and insert—

“Clause 177 gives the Home Secretary an unfettered power to modify the functions of the Judicial Commissioners. This is inappropriate if the Judicial Commissioners are to be seen as independent of Government. It is unclear why the power is required. Changes to the Judicial Commissioners’ functions should be confined to primary legislation, as a matter of this importance should be subject to full debate by both Houses of Parliament. We recommend the power be removed from the Bill.”—(Stuart C. McDonald.)

Question put, That the Amendment be made.

The Committee divides.

Contents, 5

Not-Contents, 9

Stuart C. McDonald

Shabana Mahmood

Lord Murphy of Torfaen

Dr Andrew Murrison

Lord Strasburger

Victoria Atkins

Baroness Browning

Lord Butler of Brockwell

The Bishop of Chester

Suella Fernandes

Mr David Hanson

Lord Hart of Chilton

Lord Henley

Matt Warman

Question accordingly negatived.

Paragraph agreed to.

Paragraphs 609 to 710 read and agreed to.

Summary agreed to.

Appendices to the Report agreed to.

Resolved, That the Report be the Report of the Committee to both Houses.

Ordered, That the Report is made to the House of Lords and that Mr David Hanson make the Report to the House of Commons.

Written evidence was ordered to be reported.

Ordered, That embargoed copies of the Report be made available, in accordance with the provisions of Standing Order No. 134 of the House of Commons.

The Committee adjourned sine die.





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