argyrotsipi/train-dataset huggingface dataset:
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Mixed Topics
Paul Murphy (Labour, Centre-left): My Lords, the noble Lord, Lord King, touched on the issue of the Joint Committee. It may be useful for your Lordships to hear what it said about ICRs. The noble Lord, Lord King, was quite right in that regard. The Joint Committee said: "While we recognise that ICRs could prove a desirable tool for law enforcement agencies, the Government must address the significant concerns outlined by our witnesses if their inclusion within the Bill is to command the necessary support" The Joint Committee also said: "We recommend that the definition of Internet Connection Records should be made consistent throughout the Bill and that the Government should give consideration to defining terms such as ‘internet service’ and ‘internet communications service’. We recommend that more effort should be made to reflect not only the policy aims but also the practical realities of how the internet works on a technical level" The Joint Committee also recommended that, "the Government should publish in a Code of Practice alongside the Bill advice on how data controllers should seek to minimise the privacy risks of subject access requests for ICRs under the Data Protection Act 1998" The Government accepted the recommendation on a code of practice—and, indeed, on the definitions. However, in general, the majority of members of the committee believed that ICRs are absolutely necessary to protect our citizens and give the security agencies and the law enforcement agencies the tools they need.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Civil Rights
Richard Rosser (Labour, Centre-left): My Lords, I shall be very brief. As has been said, the provisions of this Bill have been subject to considerable scrutiny. The heart of Amendment 156A is about the balance between privacy, security and safety. Inevitably there will be disagreements, which have been highlighted in this debate, about where an appropriate and proper balance lies On Amendment 147A, I have virtually no knowledge about the Advocate-General’s opinion, to which reference has been made. However, if we have that opinion, we would like to hear at some stage whether the Government think that it would have implications for any of the provisions and procedures in the Bill, were that opinion subsequently adopted.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Civil Rights
Richard Rosser (Labour, Centre-left): The intention behind this amendment to Clause 83 is to replicate the Data Retention and Investigatory Powers Act in its original form. In so doing, it would restrict the scope of Clause 83 and equate it to existing data retention provisions in DRIPA, with the only addition being the inclusion of internet connection records Under the Data Retention and Investigatory Powers Act, the term "relevant communications data", as I understand it, covers internet access services, internet email and internet telephony. Those categories replicate the 2009 data retention regulations, which implemented the then EU data retention directive. The Counter-Terrorism and Security Act 2015 extended DRIPA to include what was called IP address resolution data Clause 83 currently empowers the Home Secretary to issue retention notices covering some six categories of data under the definition of "relevant communications data". One of these categories is internet connection records. That therefore leaves five other categories, which on the face of it would appear to go wider than the existing data retention categories under the Data Retention and Investigatory Powers Act 2014 as amended by the Counter-Terrorism and Security Act 2015 As the Bill is currently drafted, the term "relevant communications data" could be interpreted as some sort of catch-all definition of relevant communications data that would cover the collection of virtually any type of communication on a network, including communications where the sender or recipient was not a human being. If that is an accurate assessment, the definition of "relevant communications data" in Clause 83 would cover not only background interactions that smartphone apps make automatically with their supplier servers but presumably also the entire internet of things I therefore seek an explanation from the Government as to why the scope of "relevant communications data" in the Bill is not consistent with that in current recent legislation, the reasons and justification for the apparent broadening of the scope, and the difficulties that presumably the Government believe would be caused if the scope of Clause 83 were restricted in line with the amendment and instead equated to existing data retention provisions in DRIPA, apart from the addition of the inclusion of internet connection records. I beg to move.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Mixed Topics
Jonathan Toby Harris (Labour, Centre-left): My Lords, as I said earlier in Committee, it is important that, in assessing any proposal made in the Bill, we strike the balance between the need for it and any possible negative consequences, and whether that may weaken the security of a device, enabling the malign elements, as opposed to benign, to penetrate systems. As I understand it, the purpose of the amendment is to try to ensure that that balance is clear in the Bill. It would place an obligation on those seeking warrants and those considering them to look at whether that balance has been struck and ensure that it has It is reasonable for those seeking warrants to demonstrate that they have considered whether there are any negative consequences of the action they are prepared to take, particularly if it leads to a weakening of the general security of a wider system that may mean it is prone to attack from cybercriminals or others accordingly, or that there is likely to be a large amount of collateral damage in other people’s information being made available to the authorities I make it clear that I do not think the fact that the information of other people who are not the purpose of a warrant may be compromised is necessarily a reason why we should not proceed with this. It should be balanced with the consequences. For example, I can conceive of circumstances where a warrant might be sought for a machine in an internet café. Clearly, that is because certain individuals are thought to be using it. In any application I would want consideration to be given to what would be done about those other, presumably entirely innocent individuals who might use the same machine I am concerned that, as part of the process, there should be consideration of the downsides of a particular application: whether it is weakening the system or interfering with the privacy of other people who are not specifically targeted. If either is the case, there should be clear consideration of what can be done to minimise those risks. The fact that another person is not the subject does not necessarily mean that it should not be proceeded with. It is a matter of proportionality—the benefits that will be gained from the action being taken and whether those are properly considered by those making the application and those considering whether to approve it. For those reasons, the amendment is broadly helpful. I hope that Ministers may be prepared to accept this or something like it to provide that assurance.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Mixed Topics
Paul Murphy (Labour, Centre-left): My Lords, I do not support the amendment, I fear. I entirely agree with the noble Baroness with regard to the correspondence of Members of Parliament. But the Joint Committee looked at whether Members of Parliament should be under surveillance and it agreed with the recommendations before it; that is, that there should be a double lock at that stage. That is consistent with the whole Bill: it should be not only the Secretary of State who signs a warrant but a judicial commissioner During the passage of the Bill in the House of Commons, that was made into a triple lock so that the Prime Minister, who originally was only to be informed of the warrant, now had to approve it as well. That seems to be an extremely wise thing to do. As a Member of Parliament—or a Member of this House or any of the devolved Parliaments and legislatures—who was going to have their communications intercepted, it would be important to know that it went as far as having the Prime Minister, the head of government, involved. Having just a judge doing it goes completely against the spirit of the Bill. The double-lock system is what everybody has said is absolutely the right thing to do. This is now a triple lock and I fear that I cannot support the amendment.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): We have one amendment in this group, Amendment 194BA, and I have added my name to Amendment 194D. Most of the arguments have already been made but Amendment 194BA addresses a point raised in the report of the Select Committee on the Constitution and concerns the funding of the judicial commissioners. In its report the Select Committee points out that the Joint Committee on the Draft Investigatory Powers Bill concluded that it was, "inappropriate for the Home Secretary alone to determine the budget of the public body which is monitoring the exercise of her surveillance powers", that body being the Investigatory Powers Commissioner The Select Committee went on to suggest that one way to, "mitigate the risk of executive interference in the functions of the Judicial Commissioners would be conferring on the Investigatory Powers Commissioner the right to make written representations to Parliament" That is what Amendment 194BA seeks to achieve: it would implement the recommendation of the Select Committee on the Constitution. I am obviously interested to hear what the Government’s reaction is to that recommendation and whether they intend to take it up or not.
Investigatory Powers Bill — House of Lords, 2016-07-19
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): Will the noble Earl respond in writing on the point on the part of the report by the Select Committee on the Constitution which states: "The House may wish to consider whether it would be appropriate for an independent court to be prevented from disclosing information if it considers it necessary in the interests of justice" Is that the issue on which the Government are going to respond?
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Civil Rights
Jeffrey Rooker (Labour, Centre-left): My Lords, all I can say in response so far is thank heavens we do not have the coalition Government in power. I support entirely what we have just heard from the noble Lord, the former Independent Reviewer of Terrorism Legislation I will choose my words carefully. One of the things that is worth thinking about with legislation like this is that we have the Government today, but we are legislating; we are Parliament. How would the Opposition use this? When I look at my friends in opposition, frankly, I will support the Government to vote this down. I am not prepared to abstain on such a barmy and dangerous amendment, as the noble Lord just said I will not go through the amendment. In fact, the noble Lord who moved it did not go through it. He did not explain what it meant by "professional qualifications, achievements" and "public stature" for the appointments. It is preposterous and a nosy parker’s charter into investigatory powers because it does not talk about looking at things; it demands access to all material from an agency and requests information from any agency or government department. There is nothing about the staff of the body. Forget the fact it is envisaged that three out of five members of the board will be of the same political party—it is envisaged to be party political—there is nothing about the security aspects of the staff, let alone the vetting of the people It is not, as the amendment says, just about civil liberties. It is in many ways trying to second-guess the powers of the commissioners. It is trying to second-guess the Joint Committee on Human Rights and the parliamentary security committee. We should have nothing to do with it. I hope the noble Lord will think twice if he is thinking about calling a Division on this. They will be laughed out of court.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Civil Rights
Jonathan Toby Harris (Labour, Centre-left): I am sorry to interrupt the noble Lord again, but could he clarify what that phrase is intended to mean? The way I, and I think my noble friend, read it is that, of a board of five, three can be of the same political party. Is the noble Lord saying that it is in the interests of civil liberties and all these other things to have a board of which three members are from the same political party—presumably the government party? Will that really then be an independent board?
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Other
Jeffrey Rooker (Labour, Centre-left): That being said, can I follow up my noble friend’s question? The Minister listed groups that have asked the Government to implement Section 40. Is there an individual or group that has requested the new Government not to implement it?
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Civil Rights
Jeffrey Rooker (Labour, Centre-left): My Lords, I am not a journalism specialist like the noble Viscount, Lord Colville, and the noble Lord, Lord Black. Having listened to the debate, I have a couple of points which I hope the Minister will find supportive. The overall package of the Bill that has now been presented on Report is far more liberal than would ever have come forward from the Labour Government of which I was a member for 12 years. We would have been far less willing to give in the way this Government have. What they have brought forward is remarkable. I can almost prove that. I attended the Labour Party conference in Liverpool, where there were hundreds of fringe meetings every day. I scanned the book, dozens of pages of it, because I was there the previous year when the situation with this Bill was slightly different. Not one fringe meeting was advertised in relation to any part of this Bill. There was nothing about journalism, lawyers or investigatory powers; absolutely nothing compared to the previous two years. I find that quite practical and I hope the Government will find it reassuring.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): This amendment is designed to ensure that where a warrant falls within the scope of an international agreement between the United Kingdom and a foreign Government, the requesting agency is bound to notify the receiving provider and follow the terms of the agreement, along with the authorisation, transparency and oversight requirements of the Bill, and thus establish such agreements as the primary route by which UK agencies request data from overseas operators where such agreements exist In its present form the Bill appears to provide UK agencies with several options to seek data from overseas providers. These include mutual legal assistance treaties, mutual legal assistance conventions, international agreements of the kind recommended by Sir Nigel Sheinwald in his report, and straightforward service of a UK warrant extraterritorially. The Bill does not direct agencies as to which power to use and under what circumstances What is being sought is a direction to agencies on the face of the Bill to prioritise international agreements where they exist so that they become the primary route by which UK agencies request data from overseas providers, and that this will make it more likely that these agreements will become models for other Governments. Achieving this should provide a more predictable approach for both agencies and providers and reduce the likelihood of a situation where a number of Governments claim jurisdiction over data. I beg to move.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Other
Richard Rosser (Labour, Centre-left): I thank the Minister for his reply and for the update on the discussions that are taking place towards an agreement that I hope will resolve some of the current difficulties. I am quite sure that the Minister’s words and the information he has given will be read with interest, not only within this House but outside it. I thank him for his reply and beg leave to withdraw the amendment.
Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Other
Dianne Hayter (Labour, Centre-left): My Lords, I was about to congratulate the noble Lord, Lord Butler, on his excellent drafting of the amendments but he has slightly given away that it was not all done by his own fair hand. However, if the look on the Minister’s face is indicating that the Government might accept the amendments, we are delighted that the noble Lord’s influence from this House seems to be keeping pace with the influence that he had in his previous occupation. We are very content to support the amendments.
Immigration Bill — House of Lords, 2016-05-10
Topic: Immigration
Richard Rosser (Labour, Centre-left): In the Commons last night, the government Minister confirmed that the Government accepted that there should be judicial oversight of administrative immigration detention, and that was why they had previously tabled a Motion, the effect of which would be that individuals would automatically be referred to the tribunal for a bail hearing six months after their detention began, or, if the tribunal had already considered whether to release the person within the first six months, six months after that consideration That amendment was not accepted in this House, which again carried a Motion providing for a 28-day period of administrative immigration detention, after which the Secretary of State could apply to extend detention in exceptional circumstances. The Commons has again rejected the amendment from this House and has instead passed a government amendment reducing the timing of an automatic bail referral from six to four months, since, apparently, the vast majority of persons are detained for less than four months. Will the Government confirm that that bail hearing after four months of detention will be automatic and will not depend on the individual in detention having to initiate the application This is an issue which this House has already sent back to the Commons twice. Consideration obviously has to be given to the role of this unelected House in the legislative process as a revising Chamber, inviting the Commons to think again in a situation where the elected Commons and the Government have made some movement—albeit not enough to meet the views of this House—on the length of administrative immigration detention without automatic judicial oversight.
Immigration Bill — House of Lords, 2016-05-10
Topic: Other
Margot Aline (Labour, Centre-left): My Lords, I will not repeat all the arguments but, as a member of the all-party inquiry, I support Amendments A1 and A2. The Commons had only an hour yesterday. Quite understandably, most of it was spent teasing out the practical implications of my noble friend Lord Dubs’ amendment. I do not think we should read too much into the fact that not much was said about these amendments.
Immigration Bill — House of Lords, 2016-05-10
Topic: Immigration
Margot Aline (Labour, Centre-left): My Lords, I am very grateful to everyone who has spoken, and particularly to my noble friend Lord Winston, who made a very powerful point. It has reinforced the sense that this House is very concerned about this issue and not convinced that the welfare of pregnant women and the foetus inside them is being protected by the concessions that the Government have made I am grateful to the Minister for addressing all the questions that were asked. I do not think that it is just a question of elegance; it is a question of comprehensibility. I have to say that I did not understand a word of one of his answers, but that is probably me, and I shall put a towel over my head and finally understand it when I read it in Hansard. It does have resonances of Humpty Dumpty and words saying what I say they mean, and the, "question is … which is to be master—that’s all" Unfortunately, it is the Government who are master and who have the power to decide these issues. The answers that I did understand from the noble and learned Lord were very disappointing. I have still not heard a good or proper reason as to why, if it is good enough for the guidance and it means something in the guidance, it is not good enough to be in the legislation. I am still worried that someone looking at both of them will think, "With regard to the legislation, the Government have actually gone backwards" I was not asking for a whole new review: I was asking for a very focused review of the process by which a woman is taken from her home into detention. As I understand it, there has already been a commitment to look at transport; I am just asking for that to be broadened out to the whole process. It is not a big thing, and I have still not heard any explanation as to how this is going to be modelled on the family returns process. The noble and learned Lord said there was not going to be any further guidance on this, so it is just an empty claim unless someone can show us otherwise I hope that the noble and learned Lord, the Immigration Minister and the Home Secretary will take this away and read what has been said in this House. My noble friend Lord Rosser pointed out the really strange Commons procedures that do not allow the Minister to respond to perfectly good questions, but we at least have a chance to do that in this House. I hope that the people in the other place will all read what has been said in this House and will think about how, within the constraints of the legislation as it is, we could make this a more humane process. As we have heard, there is a lot at stake here. My noble friend Lord Winston said that it could be responsible for a heritable effect on the child. That is very serious, so I hope that this will be looked at further, even if it cannot be in the context of actual legislation. That said, like the noble Lord, Lord Ramsbotham, I recognise when we are coming to the end of the road. Therefore, like him, with a very heavy heart indeed, I beg leave to withdraw the amendment.