Investigatory Powers Bill — House of Lords, 2016-10-11
Topic: Defense
Frederick Richard Penn Curzon (Conservative, Centre-right): My Lords, I shall also speak to the other government amendments grouped here. These amendments relate to warrants: their scope, authorisation process and modification. I shall begin by discussing a number of amendments, many of which are minor and technical in nature Amendments 32 to 34 provide that a targeted interception warrant, targeted examination warrant or mutual assistance warrant authorising or requiring the interception or selection for examination of secondary data must specify the address, numbers, apparatus or other factors or combination of factors that are to be used for identifying the communications. This will bring the requirements for a warrant authorising the obtaining of secondary data into line with those warrants seeking to obtain communications. By "secondary data" I mean systems data attached to or logically associated with the communication that is capable of being separated from the remainder of the communication and which, if separated, would not reveal the meaning of the communication On Amendment 35, Clause 17 states that a warrant may relate to a person, organisation or set of premises, and Clause 29 goes on to set out requirements that must be met by warrants. Clause 29 already caters for the circumstances surrounding warrants intended for communications from or intended for any person, and for communications originating on or intended for transmission to any premises named or described in the warrant. This amendment makes a small change to include communications relating to an organisation within Clause 29 Amendments 36, 261 and 272 are technical amendments that simply clarify that the communications described in a targeted interception warrant can include communications sent between anything owned, controlled or operated by the person or organisation specified in the warrant, including communications that are not sent by, or intended for, a person. This is nothing new and simply makes explicit the position in existing law. The amendments also clarify that any "premises" described in such a warrant include but are not limited to, "land, movable structure, vehicle, vessel, aircraft or hovercraft" I thought it would assist the House if I gave an example of where such communications are crucial: gathering intelligence on the technical characteristics of military systems. This activity is vital to understanding, reducing and countering the threat to our interests around the world, including threats from foreign weapon systems in operational and strategic theatres, both directly through the understanding of the threat and through longer-term countermeasure development by the Ministry of Defence. It reduces the threat to our deployed and strategic forces—on the ground, at sea and in the air—and it is essential for keeping our Armed Forces safe, ensuring that they can operate effectively, and for providing options to protect our national interests As I speak, the RAF is deployed on counter-Daesh operations in the Middle East. Intelligence garnered from such signals or communications has played an important role in getting the RAF there and keeping it safe, in both the short and long term. The specifications that our aircraft and their on-board offensive and defensive systems have been built to were in large part shaped by the historic understanding of adversaries’ weapons capabilities. The long-term analysis of these data allows us to develop understanding of the way our adversaries operate, and assists in training and equipping our Armed Forces. It also informs deployment decisions, including risk assessment, force size and shape, and affordability. The way the world has changed over the past decade makes it more important than ever that we maintain this broad situational awareness so that, if our Armed Forces are required to provide support during a future global crisis, they are prepared and can be protected Given the global nature of these communications, the international nature of the arms trade and the inherent unpredictability of global instability, most warrants of this nature will relate to thematic subjects under Clause 17(2) such that relevant systems can be targeted wherever they are in the world. For example, if it is necessary to issue a warrant to obtain data emitted by military ships controlled by states posing a threat to the UK, the warrant must provide for data to be obtained from those ships irrespective of their location. However, as noble Lords will appreciate, the main purpose of this activity is to obtain information from and about systems, such as missile systems, ships, radar and aircraft. It is not about obtaining the private communications of individual people, whether in the UK or overseas. Nevertheless, the obtaining of the data and their subsequent handling, retention, use and destruction would always be subject to all the safeguards required by the Bill, as for any other targeted interception warrant. This includes the double lock of Secretary of State and judicial commissioner approval The activity that I have talked about here is crucial to our national security. It is activity that is already undertaken under existing law and it has always been the case that the Bill was intended to cater for it. These amendments simply make it absolutely clear that that is the case Amendment 39 is a minor amendment to correct the position whereby a competent authority outside the UK, such as a foreign law enforcement agency operating under a mutual assistance warrant, could make major or minor modifications to a warrant in an urgent case. It is not our intention that a competent authority outside the UK should be able to make major or minor modifications to an urgent mutual assistance warrant. Therefore, this amendment simply removes that ability for a competent authority outside the United Kingdom to make major or minor modifications to a mutual assistance warrant in an urgent case Similarly, Amendment 51 is a minor amendment which makes the definition of "interception subject" in Clause 38 simpler and clearer. There is no change in the meaning I turn to a series of amendments that seek to amend the clauses that relate to the approval of major modifications made in urgent cases. Amendments 49, 85, 88, 182, 199, 207 and 233 will reduce the time period within which a judicial commissioner must decide whether or not to approve the modification and notify the issuing authority of this decision from five working days to three. We have already debated equivalent amendments to the targeted provisions in the Bill. We heard during our previous debates how important it is for the security and intelligence agencies to have the operational agility to respond at speed to events in their efforts to keep us all safe. These provisions reduce the time available to judicial commissioners to consider whether to approve a major modification in an urgent case, bringing the period into line with that for the approval of urgent warrants in the Bill. These amendments act as a further safeguard in so far as they limit the time that a modification is in force without being subject to the full judicial commissioner double lock, while still allowing them sufficient time to undertake their deliberations.