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Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025

I am grateful for those two contributions. First, the noble Lord, Lord Davies, mentioned again how the Government will keep these

matters under review. He will know that, basically, the 2016 Act was passed on the basis of cross-party support. The 2024 Act was a review of whether the 2016 Act needed to be amended further, while the regulations before the Grand Committee today are the outcome of some of the changes to that 2024 Act.

The Investigatory Powers (Amendment) Act made a series of targeted changes to ensure that the regime was fit for purpose but, self-evidently, the Home Office will keep under examination the new technology and the need to make any further amendments. I cannot give the noble Lord an assurance as to when and how that will be done, but he can rest assured that if amendments to the 2016 Act, which was amended in 2024, are required, they will be brought to the House as a matter of some urgency.

The noble Lord, Lord Davies, also mentioned public consultation; I very much welcome his welcome for of these regulations today. The responses that the Government received included various suggestions for amendments to the draft codes of practice and the regulations. We have made changes as a result; these are quite wide but include changes to the Technology Advisory Panel’s membership requirement. I know that he mentioned telecommunication companies in particular. Again, we are satisfied that there was sufficient input from them during the passage of the 2024 Act and that the points they raised were taken into consideration when preparing the codes. Obviously, again, we need to examine the wide space between telecommunications companies’ powers and responsibilities, including their responsibility to protect the individual and the consumer. I think that we have got the balance right here.

The noble Lord, Lord Davies, asked about oversight. Strong safeguards are in place to ensure that investigatory powers are used in a necessary and proportionate way. There is independent oversight by the Investigatory Powers Commissioner and the right of redress via the Investigatory Powers Tribunal for anybody who believes they have been the victim of unlawful action by a public authority using covert investigative techniques. The Investigatory Powers Commissioner independently oversees the use of investigatory powers and will ensure that they are used in accordance with the law and in the public interest. Several other powers—I hope this also reassures the noble Lord—are subject to the double lock, where warrants must be signed by the Secretary of State and an independent judicial commissioner. These powers are deployed only in connection with the most serious of crimes or national security.

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I hope that answers the points mentioned by both noble Lords, from the Back Bench and the Front Bench, but I am happy to take any further contributions if members wish. If not, I commend this instrument to the Committee.