Peers, MPs call for views on draft Investigatory Powers Bill
A joint committee of both Houses of the UK Parliament is calling for written evidence on the Draft Investigatory Powers Bill p[ublished by the UK Government.
The bill would extend the legal use of investigatory powers by law enforcement and security and intelligence agencies, as well as other public authorities. It includes provisions for the interception of communications, the retention and acquisition of communications data, the use of equipment interference, and the acquisition of bulk data for analysis. It will repeal and replace the Data Retention and Investigatory Powers Act 2014, which expires at the end of next year, and also part 1 of the Regulation of Investigatory Powers Act 2000.
Among the questions posed by the committee are:
- To what extent is it necessary for the security and intelligence services to have access to investigatory powers such as those in the draft bill?
- Are there sufficient operational justifications for undertaking targeted and bulk interception, and are the proposed authorisation processes appropriate and workable?
- Are the definitions of content and communications data sufficiently clear and practical for the purposes of accessing such data?
- Is accessing Internet Connection Records essential for identifying persons of interest, or are there alternative mechanisms?
- Should the security and intelligence services have access to powers to undertake targeted and bulk equipment interference? Should law enforcement also have access to such powers?
- What are the advantages and disadvantages of the proposed creation of a single Judicial Commission to oversee investigatory powers, and would it have the sufficient powers, resources and independence to perform its role satisfactorily?
The committee has set an early deadline for submissions of 21 December 2015, as it is due to report in February 2016. It begins its oral evidence hearings next week.
Chairman Lord Murphy of Torfaen commented: “This is an extremely important draft bill, and the necessity of ensuring that our security services and law enforcement agencies have appropriate tools to combat terrorism and serious crime has never been more apparent. This committee will be examining whether the draft bill provides for the correct powers and whether a compelling operational case can be made for all those powers. It will also scrutinise the proposed authorisation and oversight regimes to ensure that these powers will be properly used.
"The committee’s conclusions will be dependent on the quality of evidence it receives, so it would very much like to hear from anyone with an interest in these areas.”
Some of the questions the Committee are inviting evidence on include:
The first evidence sessions of the Committee’s inquiry will be held next week, on Monday 30 November and Wednesday 2 December in Committee Room 3 of the House of Lords.