Draft Investigatory Powers Act 2016 (Remedial) Order 2023:Second Report – Report Summary

Summary

The Draft Investigatory Powers Act 2016 (Remedial) Order 2023 (‘the Draft Remedial Order’) concerns the selection for examination and retention of confidential journalistic material which has been collected under a bulk interception warrant.

In May 2021, the relevant provisions of the Regulation of Investigatory Powers Act 2000 were found by the Grand Chamber of the European Court of Human Rights (‘ECtHR’) to be incompatible with Article 10 (freedom of speech) of the European Convention on Human Rights (‘ECHR’). The Government is seeking to use the delegated powers given to it by section 10 of the Human Rights Act 1998 (‘HRA’) to amend the relevant statute and remedy the incompatibility. Under HRA, the Government must lay the Draft Remedial Order before Parliament for approval, and Standing Orders require this Committee to report to Parliament with its recommendation regarding whether the Draft Remedial Order should be approved.

The Draft Remedial Order will bring the UK’s bulk interception regime into line with the requirements of Article 10 ECHR concerning the protection of journalistic material and sources of journalistic material. It will do so by requiring prior independent authorisation for examination of such material except in urgent cases, and independent authorisation for the retention of such material.

We recommend that the Draft Remedial Order be approved by both Houses of Parliament.