Serious Crime Bill [Lords] — House of Commons, 2015-02-23
Topic: Law and Crime
Diana Ruth Johnson (Labour, Centre-left): The Opposition support Government new clause 23. I want to make some brief comments about Government new clause 24 and new clauses 4 and 5, which, as the Minister said, all relate to how the Regulation of Investigatory Powers Act 2000 is being used to access journalists’ source material or materials subject to legal privilege The issue has been around for a while, and Labour called for, and got agreement from the Government on, a broader review of RIPA by the independent reviewer of terrorism legislation. In the meantime, the interception of communications commissioner has published a report containing two recommendations: first, that access to journalistic source material should require prior approval from a court, and, secondly, that when communications data are sought, they should not relate to an investigation to determine a source of journalistic information when, for example, the journalist is a victim of crime or is suspected of committing a crime unrelated to their occupation. It was recommended that chapter II of part I of RIPA may be used, so long as the designated person gives adequate consideration to necessity, proportionality and collateral intrusion, including the possible unintended consequences of the conduct. The revised code contains very little guidance about what those considerations should be, and that absence needs to be addressed. As I said, Labour called for the fundamental review of RIPA by David Anderson QC, and it has consistently called for the intelligence commissioners to be given a more prominent role. We therefore welcome the interception of communications commissioner’s report and accept his recommendations. That is an example of the role that the commissioners should be playing New clauses 4 and 5 are intended to implement the commissioner’s recommendations. New clause 5 demands that a new code of conduct be written, in consultation with the interception of communications commissioner. The Government have essentially accepted that point in tabling new clause 24. New clause 4 would amend RIPA to introduce judicial oversight. However, as I understand it, and as the Minister indicated, it has been limited by what can be included under the scope of the Bill. It would therefore apply only when data were sought for the purposes of preventing or detecting a crime, which is only one of eight justifications for accessing data. Essentially, the limitations of the Bill mean that we cannot fully implement the commissioner’s recommendations. I would be grateful if the Minister explained why the Government did not seek the leave of the House to extend the scope of the Bill—as I understand it, they could have done so by tabling a motion of instruction New clause 21 is about new psychoactive substances. We have tabled it to enable effective action to be taken against the sellers of legal highs. It would mean that legal highs could be controlled in the same way as solvents, making it much easier to prosecute and close down sellers and prevent them from using the excuse that a substance is not for human consumption. A similar approach has been adopted in Ireland, and the number of head shops there has fallen from 100 to six. The new clause was drafted in conjunction with the Angelus Foundation, and we also took advice from the UK Drug Policy Commission.