Investigatory Powers Bill — House of Commons, 2016-03-15
Topic: Law and Crime
Theresa Mary May (Conservative, Centre-right): My hon. Friend has represented his constituents very well in that matter, and it was an absolutely tragic case. I know the enormous distress that has been caused to Breck’s parents, not just by the initial grooming of their son and its sad consequences, but by other actions that have taken place since in relation to the case. What we are doing in this legislation is important, because it will ensure that the authorities, the agencies, law enforcement and the police will have the powers to enable them better to investigate incidents such as that which led to Breck’s sad death Part 1 of the Bill responds to recommendations by David Anderson and others by restricting the use of powers outside the legislation to undertake equipment interference. Where the police or the security and intelligence agencies wish to interfere with a computer or a smartphone to obtain vital evidence and intelligence, a warrant under the Bill will be required. As I have indicated, the Bill also responds to the recommendations of the Intelligence and Security Committee and places a statutory bar on the making of requests, in the absence of a warrant, to other countries to intercept the communications of a person in the UK. There can be no suggestion that the security and intelligence agencies could use their international relationships to avoid the safeguards in the Bill. In answer to a couple of questions earlier I referred to the territorial jurisdiction of the Bill. For the avoidance of doubt, I clarify that I meant, of course, the extraterritorial jurisdiction of the Bill The House will know that interception—the obtaining of the contents of a communication, by, for example, listening to a telephone call or reading the contents of an email—is one of the most sensitive and intrusive capabilities available to law enforcement and to the security and intelligence agencies. It is also one of the most valuable, and over the past decade, interception in some form has played a part in every top-priority MI5 investigation. The Bill restricts that power to only a handful of agencies and allows for warrants to be issued only where they are necessary and proportionate for the prevention or detection of serious crime, in the interests of national security or in the interests of the economic wellbeing of the United Kingdom, where that is linked to national security Authorising warrants is one of the most important means by which I, the Foreign Secretary and the Northern Ireland Secretary hold law enforcement and the security and intelligence agencies to account for their actions. In turn, we are accountable to the House and, through its elected representatives, to the public Part 2 of the Bill will introduce an important new safeguard. As now, a Secretary of State will need to be satisfied that activity is necessary and proportionate before a warrant can be issued, but, in future, it will not be possible to issue a warrant until the decision to issue it has been formally approved by a judicial commissioner. That will place a double lock on the authorisation of warrants. It will preserve that vital element of democratic accountability, but it will, for the first time, introduce independent judicial authorisation.