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Investigatory Powers Bill 2015-16 to 2016-17

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Investigatory Powers Bill 2015-16 to 2016-17 (32)

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I am obliged to the noble Lord, Lord Rosser, and will resist the temptation that he laid in my path. As he observed, the government amendments have been tabled to give effect to the recommendation of David Anderson’s bulk powers review.

The review demonstrated that the bulk powers are crucial. Mr...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
17 October 2016
Reference
774 cc2181-4
House
House of Lords

Lords committee stage sixth day. Clauses 232 to 243 agreed to, with clauses 236 and 238 agreed to as amended. Schedules 9 and 10 agreed to as amended. Bill, as amended, ordered to be printed (HL Bill 62).

Lead member
Earl Howe
Department
Home Office
Type
Committee of the Whole House (HL); Debates on bills
Date
12 September 2016
Reference
774 cc1310-1321
House
House of Lords

Moved by

Baroness Hamwee

234A: Clause 232, page 179, line 21, leave out “5” and insert “2”

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1310
House
House of Lords

My Lords, Amendment 234A takes us to Clause 232, which provides for a review of the operation of the Act. A lot of concern has been expressed during the course of the Bill about the speed of change of technology. Most recently, David Anderson, in his report on the operation...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 cc1310-1
House
House of Lords

The purpose of the Liberal Democrats’ amendment seems to be that there is a speedier review of the legislation than was agreed in the passage of the Bill in the other place and was actually in the Bill. During the proceedings of the Joint Committee, a number of witnesses, including...

Member
Lord Murphy of Torfaen (Labour)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 cc1311-2
House
House of Lords

My Lords, the questions that have been asked are interesting. Times are changing, as is the nature of the threats. Who would have thought 30 years ago that we would be sitting here worrying about online grooming, ISIS terrorism and kidnapping or sophisticated cybercrime and money laundering? Who would have...

Member
Baroness Hayter of Kentish Town (Labour)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1312
House
House of Lords

My Lords, I am not sure how useful this intervention will be, but it occurs to me that when the Government consider the amendment and the proposed reduction of the period allowed for a review, they should also bear in mind the sole recommendation made by David Anderson in his...

Member
Lord Brown of Eaton-under-Heywood (Crossbench)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1312
House
House of Lords

My Lords, I had the privilege of sitting on the Joint Committee on the Bill and on the Joint Committee on its precursor, the Communications

Data Bill, three years earlier. That puts me in a position to inform the House about one example of how technology has come to this...

Member
Lord Strasburger (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1312
House
House of Lords

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...

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 cc1313-4
House
House of Lords

My Lords, before I respond, I wonder whether the Minister can tell the Committee when it is expected that the provisions of the Bill will commence. Does he have that information?

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1314
House
House of Lords

I do not have that information. It is of course possible that different parts of the Bill will commence at different times, but I shall come back to the noble Baroness in writing and send a copy to all noble Lords who have taken part in the debate.

Member
Earl Howe (Conservative)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1314
House
House of Lords

I am grateful to the Minister for his response, and I am sure he will understand the importance of the question of the extent to which the Government have decided when the provision should commence. I imagine they must have a programme in mind. He says that the timing is...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 cc1314-5
House
House of Lords

Moved by

Baroness Jones of Moulsecoomb

236A: Clause 235, page 184, line 36, at end insert—

““national security” means the protection of the existence of the nation and its territorial integrity, or political independence against force or the threat of force,”

Member
Baroness Jones of Moulsecoomb (Green Party)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1315
House
House of Lords

My Lords, the amendment seeks to put right a government oversight: there is no definition of national security under general definitions throughout the Bill. A principal statutory ground for authorising surveillance is,

“in the interests of national security”.

Another is “economic well-being” as far as it relates to national security. Left undefined,...

Member
Baroness Jones of Moulsecoomb (Green Party)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 cc1315-6
House
House of Lords

My Lords, we have a great deal of sympathy with the amendment moved by the noble Baroness, Lady Jones of Moulsecoomb. Indeed, it is a recommendation of some committees that there be a definition of “national security”. However, we believe that the definition in the amendment is too narrow. For...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1316
House
House of Lords

My Lords, without boring the Committee with too much about human rights, I will explain my problem with the amendment, or anything like it. The noble Earl has rightly said on the face of the Bill that he considers it to be compatible with the European Convention on Human Rights,...

Member
Lord Lester of Herne Hill (Liberal Democrat)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1316
House
House of Lords

My Lords, I very strongly support what has just been said by the noble Lord, Lord Lester. I respectfully suggest that this is not, as the noble Baroness suggested when she moved the amendment, a government oversight. This is a well-recognised term which, as the noble Lord has pointed out,...

Member
Lord Brown of Eaton-under-Heywood (Crossbench)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 cc1316-7
House
House of Lords

My Lords, what if we were to leave out the last part of the amendment,

“against force or the threat of force”?

I wonder about cybersecurity—which is new to most of us. You do not need weapons to threaten a nation today: it can all be done in the ether. I think...

Member
Lord Swinfen (Conservative)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1317
House
House of Lords

My Lords, I have not spoken often on this Bill but felt impelled to say that what the noble Lord, Lord Lester, and the noble and learned Lord, Lord Brown, have said is extremely good sense and the Government should follow it.

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1317
House
House of Lords

My Lords, given what has been said, I have little to add. I was born in Germany after the war, when it was so easy to define national security. It was about people coming over our border. Today, it is about our streets and about keeping people safe at home...

Member
Baroness Hayter of Kentish Town (Labour)
Type
Proceeding contributions
Date
12 September 2016
Reference
774 c1317
House
House of Lords