Investigatory Powers Bill — House of Lords, 2016-09-12
Topic: Technology
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, as the noble Baroness, Lady Hamwee, explained, Amendment 234A deals with the review of the operation of this legislation. The amendment would reduce the length of time for which it has been in operation from five years and six months to two years and six months. It is of course good practice to conduct post-legislative scrutiny, particularly for legislation as significant as the Bill. That is what the Bill provides for. Notwithstanding any suggestion by virtue of the amendment that the House might be eager to revisit the issue within the scope of this Parliament, I suggest that reducing the time for which the legislation had been operating before the review takes place would be profoundly unhelpful in assessing its utility First, the timing of when the review should occur is precisely as the Joint Committee convened to scrutinise the draft Bill recommended. As the noble Lord, Lord Murphy, said, that committee considered that work on a review, "should begin within six months of the end of the fifth year after which the Bill is enacted" We have followed that lead I was asked what kind of review this would involve. As I mentioned, the Bill attempts to give effect to the recommendation of the committee. We cannot, clearly, bind Parliament in the actions that it takes, so the Bill provides for consideration of any report by a committee of Parliament. I hope that again accords with the steer that the Joint Committee gave us Of course, we must ensure that before such a review takes place, all the Bill’s provisions have commenced and been in effect for a sufficient period so that a review is meaningful and effective. As the Joint Committee again concluded: "The evidence of several years’ operation will inform the debate" A review after two and a half years runs the risk that processes and capabilities will not have had sufficient time to bed down before they are subject to a formal review. We need to bear in mind, in particular, that communication service providers will need to implement legislation. Surely the last thing we want is for them to turn round after a short time, if the noble Baroness’s proposal gains traction, and say that it is too soon. We do not wish to create uncertainty for them at this stage. They have to implement this, as has everybody else. The noble Lord, Lord Murphy, rightly said that it is important that the impact of the Act should be reviewed and the noble Baroness, Lady Hayter, also correctly spoke of the need to monitor how the Act was working. I do not disagree with either However, I would just point out that an urgent review of the Act is not necessary, given the strong oversight provided in the Bill by the Investigatory Powers Commissioner and the requirement that the commissioner should publish annual reports. The exercise of the powers provided for under the Bill will be subject to the ongoing oversight of the Investigatory Powers Commissioner, and his report will be laid before Parliament. I was grateful for the intervention of the noble and learned Lord, Lord Brown of Eaton-under-Heywood. He referred to David Anderson’s recommendation to establish a technical advisory panel. I am reserving judgment on that recommendation in the light of our debates last week. David Anderson said, in paragraph 9.3, that the point of the TAP would not be to provide an alternative oversight function, or to place new regulatory burdens on the SIAs. Rather it would serve to inform the Secretary of State and enhance the work of the Investigatory Powers Commissioner by ensuring that both are kept as up-to-date as possible with the fast-moving technologies whose use they are asked to approve. There is good sense in not overlaying the oversight that the Act will have too heavily. For all those reasons, I invite the noble Baroness to withdraw her amendment. I hope that what I have said convinces her that there is some logic to the Government’s position.