argyrotsipi/train-dataset huggingface dataset:
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Government Operations
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, Amendment 176A seeks to replace the statutory appointment of an Investigatory Powers Commissioner with the creation of an investigatory powers commission. This topic was discussed in detail, and voted on, in the other place, which agreed with the government position that establishing a commission was not necessary I am afraid I remain unconvinced of what practical good this amendment would do. The powers and duties on the proposed body would remain exactly the same as the responsibilities of a commissioner. The number of inspectors, technical experts and judicial commissioners employed by the organisation would remain exactly the same. In fact, as the noble Lord, Lord Strasburger, indicated, the only things that would increase would be the expense of the body to the taxpayer and the bureaucracy that it would be faced with. The body would need to be provided with a range of staff to perform corporate functions on its behalf, including its own IT people for when the printers break, its own procurement people to buy the stationery and so on.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Government Operations
Frederick Richard Penn Curzon (Conservative, Centre-right): No, I do not believe it does. A lot of these overheads, such as those relating to back-office functions, can be shared with other arms of the executive, so my advice is that these would be extra costs that would have to be paid for by the new body The new commission will also have to appoint a board and at least three non-executive directors. That would certainly add significantly to the expense of creating a new oversight body with, I contend, very little benefit in the quality of the oversight that it provides. Creating a commission would not serve to advance independence, which was one argument put forward by the noble Baroness. The current oversight bodies, the Intelligence Services Commissioner, the Interception of Communications Commissioner and the Chief Surveillance Commissioner, are provided for in statute in the same way as we propose to provide for the Investigatory Powers Commissioner. The model we propose will allow the oversight bodies to focus on their core tasks of inspections and investigations without tying them up in too much administration; that is a sensible approach. I hope that the noble Baroness will feel able to reflect on that between now and Report As for the comment that the model we propose does not respond to the recommendations about separating powers, it will be for the Investigatory Powers Commissioner to decide how to arrange and run their office. The commissioner will have responsibility for two distinct functions and will have sufficient staff to undertake them independently of each other. However, as David Anderson recognised, there are distinct advantages in having that relationship, even if it is an arm’s-length one, between the two functions. An example of where David Anderson felt that the relationship will be useful is when the judicial commissioners could specifically advise the inspectorate on matters to look out for on their inspections. The dialogue would be lost if the two functions were kept completely distinct.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, it may appear that there is little I can add, but I have my brief Considerable praise has been expressed throughout the passage of this Bill for the work of David Anderson QC, whose report, A Question of Trust, provides the backdrop to this legislation and whose subsequent review of the operational case for bulk powers has informed our scrutiny of Parts 6 and 7. There can be no doubt about the importance of Mr Anderson’s office, that of the Independent Reviewer of Terrorism Legislation Following the passage of the Counter-Terrorism and Security Act 2015, which has been alluded to, the Government undertook a consultation on whether David Anderson would benefit in his role from the support of a privacy and civil liberties oversight board. Having been informed by a public consultation on the board’s establishment, by David Anderson’s own recommendations on this matter and by the need to ensure the best value for public money, the Government decided that they could most effectively support the reviewer in discharging his statutory functions by instead providing him with specialist legal assistance in the form that he himself recommended—as noted by the noble Lord, Lord Rosser.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, I trust I can deal with this amendment with a degree of brevity equal to that employed by the noble Baroness. I reassure her that the amendment is not necessary. It is already the case that a person on whom a monetary penalty notice has been served who requests an oral hearing before the commissioner can be legally represented at the hearing. There is nothing in the Bill that would preclude such representation, and of course it will be up to the person on whom the notice is served to choose whether or not they wish to be so represented. Therefore, what is intended by the amendment is already provided for. Accordingly, I hope the noble Baroness will feel comfortable in withdrawing the amendment.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Oliver Michael Robert Eden (Conservative, Centre-right): I do not think that I was in my place for the bit of Committee when the precursor to this amendment was discussed. However, I sat on the pre-legislative scrutiny committee on the Bill under the able chairmanship of the noble Lord, Lord Murphy, so I have some status in this matter. I stress to noble Lords—as the noble Baroness, Lady O’Neill, and possibly the noble and learned Lord, Lord Wallace, said—that this should really be about what the Minister says when he comes to respond. I do not think that the amendment is appropriate for the Bill at this stage. This is something we want to hear from the Minister on; the amendment should not be pressed at this stage The Investigatory Powers Bill itself is crucial legislation to give the police and security services the powers that they need. Noble Lords on all sides of the House who have taken a very constructive approach to the issues in the Bill would find it unfortunate for Parliament to be distracted at this stage by an amendment that, I have to say, seems to be only barely related to the substance of the Bill before us—important though the amendment might be in its own right. I am sure the debate itself will send a clear message to the Government about the importance of this issue, which is why we want to hear from whoever of my noble friends is going to respond to this. But now is not the time for noble Lords to press this amendment on the Bill, because it is not relevant.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Frederick Richard Penn Curzon (Conservative, Centre-right): I am not aware of that, but I can seek advice and let the noble Lord know when I have received it I do not believe that the amendments that the noble Baroness has tabled will achieve the outcome that she seeks. This clause deals with the interception of private telecommunication systems, such as a company’s internal email or telephone system. That is not, I think, what the noble Baroness is driving at, so I do not believe the amendment would be capable of being used as she intends That reflects a broader point that these issues should not really be dealt with in this Bill. I am all too well aware that many people suffered terribly at the hands of unscrupulous members of the media, and I have a great deal of sympathy with the noble Baroness, whose family, I know, suffered unspeakable wrongdoing by people who called themselves journalists. While we all agree that the outcome of Leveson and the proper regulation of the media are clearly important matters, the powers for law enforcement and the security and intelligence agencies provided in this Bill are vitally important, too. It is not right to try to deal with serious but largely unrelated matters in a Bill of this vital national interest.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Frederick Richard Penn Curzon (Conservative, Centre-right): I accept the point that the noble Lord made about the agreement made in 2013 on a cross-party basis. If the noble Baroness chooses to withdraw the amendment, the clear message given out by the debate will not be lost on my right honourable friend the Secretary of State as he considers these matters What we have here is an attempt to insert a clause into a Bill that just happens to be passing to force an issue that has no direct bearing on the Bill in question, and I question whether that is an appropriate thing to do. Mechanisms are provided for in both Houses of Parliament to debate subjects of particular interest to parliamentarians, and perhaps that would be a better route by which to raise these matters I hope that I can reassure the noble Baroness that the Government continue to look closely at the cost provisions in the Crime and Courts Act, and respectfully urge her to withdraw the amendment and allow the Government to consider the issue thoroughly.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, it is the Government’s view that a new public reporting clause, as proposed by this amendment, is unnecessary. I will seek to explain why Clauses 55 and 125 already provide for the Secretary of State to make regulations that will permit operators to report information in relation to the number of interception and equipment interference warrants they have given effect to. Furthermore, the Government have proposed amendments to these clauses to give more flexibility to permit operators to publish greater statistical information about the warrants they have received. In response to a point made by the noble Baroness, Lady Hamwee, I can tell the House that it is the Government’s intention that the regulations will permit companies to publish details relating to the number of warrants they have given effect to and the number of customer accounts to which these warrants refer However, as was previously discussed in Committee, we need to be very careful about any exemptions to prohibitions on revealing sensitive information and the extent to which they might reveal the capabilities of the agencies. It is already the case that terrorists and criminals change their behaviour and the means they use to communicate to evade detection, and we must not give them further information that would help them to do so The Secretary of State must have the ability to protect the technical capabilities deployed by law enforcement and the security and intelligence agencies by setting out the way information relating to warrants may be reported—for example, the time period between being served with a warrant and publication of that information, or the bandings to be used for reporting on the numbers of warrants received. It is our view that the level of detail required is appropriate for such conditions to be provided for in regulations, not in the Bill The Government will of course continue to work closely with telecommunications operators on their transparency reporting. We have already discussed the proposed content of the draft regulations with them. Indeed, the government amendments to Clauses 55 and 125 reflect our efforts to address issues raised by operators in response to this consultation. Of course, also, the regulations issued under Clauses 55 and 125 will in due course be subject to parliamentary scrutiny It is therefore our view that the Bill and the Government amendments already provide for what these amendments seek, in in a way that allows companies to be transparent and the Government to protect sensitive capabilities. Accordingly, I invite the noble Baroness to withdraw her amendment.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, as indicated by the noble Baroness, the amendments would provide that a targeted interception or equipment interference warrant could be issued in the interests of preventing or detecting serious crime only where there was a reasonable suspicion that a serious criminal offence had been or was likely to be committed The amendments are simply not necessary. I assure the House that for a warrant to be issued for the prevention or detection of serious crime, a sufficiently compelling case will always be required. A speculative warrant could never be approved, so these amendments address a concern that is fundamentally misplaced The Bill already provides strict and robust safeguards that ensure that a warrant may be issued only where it is necessary and proportionate. That is a well-established test. This decision must be approved by both the Secretary of State and a judicial commissioner. I pick up a point made by the noble Lords, Lord Paddick and Lord Rosser: in the case of a warrant for the prevention and detection of serious crime, the test of necessity and proportionality simply could not be met where there was not a reasonable suspicion that a serious crime had been or was likely to be committed. In these circumstances, I invite the noble Baroness to withdraw the amendment.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, I am extremely happy that the noble and learned Lord should look at this matter further. To take his example on Greece and Albania, I think the correct way to deal with that would be to say that it was an inference from the legal advice that he might be going to Albania and you could separate that out from the advice itself as a matter of edit, allowing for inferences from the nature of the arrangement. I think that a little bit of, shall I say, creative editing would make this possible. I am very keen to conserve the idea that legal professional privilege is absolute—that is the purpose of my amendment. I believe that with a bit of ingenuity the Government could devise a formula that would allow that to happen. In the meantime, I am happy not to press my amendment on the basis that it will be considered by the Government, and if necessary, I can return to it at Third Reading.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Technology
Guy Vaughan Black (Conservative, Centre-right): My Lords, I declare my interest as executive director of the Telegraph Media Group and draw attention to my other media interests in the register. Like the noble Viscount, Lord Colville, I am most grateful to the Government, and in particular to my noble friend the Minister—who has, as always, been the soul of patience and emollience—for listening so sympathetically to the arguments put forward in Committee and for engaging in what seemed like countless constructive discussions with media interests on issues which are of acute importance to a free press I welcome the amendments that the noble Earl has brought forward today. They mesh together with Amendments 10 and 11, which form the umbrella for the safeguards being introduced. They go a considerable way to meeting the concerns raised by the media. They do not, of course, go as far as some in the media would have liked in an ideal world. In Committee we looked at prior notification, which the noble Viscount, Lord Colville, has just mentioned. However, we do not live in an ideal world, and it is very welcome that these amendments recognise in the Bill the significance and special importance of journalistic material. Given the particular difficulties of prior notification, which I fully understand, and the fact that we are at a late stage in the legislative process, this package is a practical way forward to keep the structure of the Bill intact, while providing important safeguards, although perhaps limited in some respects for confidential sources.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, we welcome the chance to revisit this important issue, which was debated in Committee In putting beyond doubt that deliberate wrongdoing in relation to the bulk powers will be subject to clear, criminal sanction, we accept that these amendments will provide clarity on a crucial issue. We also believe that they have been drafted in such a way that, rightly, they would not criminalise honest, well-intentioned mistakes by the staff of our security and intelligence agencies, who do so much to keep us all safe. As such, we believe they strike the right balance and are to be welcomed. Therefore, we are happy to accept the amendments.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, I shall now introduce a number of government amendments concerning the disclosure of information in relation to warrants Amendments 60 and 61 clarify those persons who may be present during restricted proceedings of an inquiry, as provided for under the Inquiries Act 2005, when intercept material is disclosed or examined. The proposed changes make it clear that intercept material can be disclosed in restricted proceedings only if restrictions are in place to prohibit attendance by anyone other than those individuals listed in Amendment 61 I move on to Amendment 62. Clause 54 imposes a duty not to make unauthorised disclosures in relation to warrants issued under Part 2 of the Bill or Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000. Clause 55 sets out the circumstances in which such a disclosure is permitted. This amendment corrects a minor error in relation to Clause 55, which would allow a person to whom a mutual assistance warrant is or was addressed to authorise a disclosure of material in relation to the warrant if it was in accordance with a statutory purpose. The person referred to here would be a competent authority outside the United Kingdom, such as a foreign law enforcement agency. We do not wish to allow for such a disclosure and the amendment simply removes the ability of a person to whom a mutual assistance warrant is or was addressed to authorise a disclosure in relation to that warrant Amendments 63 and 93 do not change the meaning of Clauses 55 and 125 but simply clarify the excepted disclosure provisions in the Bill. This minor change makes it clear that a disclosure of information made by a legal adviser in relation to a warrant is not an "excepted disclosure" where the intention is to further a criminal purpose Amendments 64 and 94 relate to Clauses 55 and 125, which provide for certain disclosures to be made in relation to warrants. These amendments propose changes to the regulation-making power by which the Secretary of State may provide for permitted disclosures of statistics in relation to warrants These changes will permit communications service providers to publish greater statistical detail about the warrants to which they have given effect. The regulations may, for example, permit companies to publish not only data regarding the number of warrants to which they have given effect but details relating to the number of customer accounts that are subject to warrants issued under the Bill. This demonstrates the Government’s commitment to ensuring that, in addition to improving the safeguards around the use of investigatory powers, we are also increasing transparency by providing for more information to be made available to the public on the number of times these powers have been used. Accordingly, I invite noble Lords to support these government amendments, technical as they are.
Immigration Bill — House of Lords, 2016-05-10
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, I will begin by answering the question just posed by the noble Lord, Lord Rosser. The provision does refer to "exceptional circumstances". The guidance as it exists talks of only "very exceptional circumstances" applying for the detention of pregnant women, and that will continue to be the policy that is applied in the context of the provision. I reiterate what was said in the other place last night: it is only in very exceptional circumstances that it will be considered appropriate for this provision on detention to be employed.
Immigration Bill — House of Lords, 2016-05-10
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): With respect, the noble Lord makes my point for me. It is questionable whether there is any distinction to be drawn between exceptional, properly understood, and very exceptional or most exceptional. That is what lies behind the manner in which this provision has been drafted. Nevertheless, to dispel doubt in the minds of others, it has been said in the guidance that, as a matter of policy, the term "very exceptional" may be applied when approaching the application of this provision to the detention of pregnant women.
Immigration Bill — House of Lords, 2016-05-10
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): I did say that the relevant provision was not distinguished by its elegance. However, if noble Lords read the clause as a whole, it is intended to refer back to the person with the power of detention in terms of the Bill. How it is drafted at that point is dictated by how that is described in an earlier clause of the Bill.
Child Refugee Resettlement — House of Lords, 2016-05-10
Topic: International Affairs
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, the answer is yes and yes. We are in touch with the devolved Administrations—not only the Welsh authorities but those in Scotland and Northern Ireland. I can of course give the noble Lord the undertaking about our dialogue with the French, which will continue whatever happens.