Oral Answers to Questions

Debate between John Hayes and Victoria Atkins

Thursday 15th September 2016 Commons Chamber

[The Minister of State, Department for Transport (Mr John Hayes)]

An assessment of the impact on the economy is a routine part of transport investment decisions. The Department uses an internationally respected analytical framework for assessing schemes, which includes the impact on jobs, growth and regeneration.

[Victoria Atkins]

May I welcome the Minister to his place and say how pleased I am that the Department will have the benefit of the experience and wisdom of my Lincolnshire colleague? I say that not just because I would like his help with the roads! Every day this summer, my constituents, tourists and I had to wait up to 45 minutes to pass through the traffic lights at the Bull Ring in Horncastle, where the very busy A153 crosses the even busier A158. The single carriageway road cannot cope with the volume of traffic between the city of Lincoln, the market town of Louth and the east coast. Will my right hon. Friend meet me and local councillors to discuss what can be done to get rid of these bottlenecks to help local residents and businesses and to encourage even more tourism at the wonderful Lincolnshire coast?

[Mr Hayes]

My hon. Friend is a doughty and articulate campaigner for her constituents’ interests. She will know that all counties of our great country are dear to my heart, but none more so than my own county of Lincolnshire. I am familiar with this part of the county and I understand the pressures on the roads there. I would be more than happy to meet my hon. Friend and local councillors to discuss the situation. Indeed, I want to go further, because that alone is just not good enough. I want to hold a round-table meeting with all concerned parties in my Department and to ask my officials to look specifically at what my hon. Friend has said. If I may say so, her complimentary words were most welcome. She could have added, for future reference, dexterity, determination and, in the light of recent events, durability!

Investigatory Powers Bill (Fourth sitting)

Debate between John Hayes and Victoria Atkins

Committee Debate: 4th sitting: House of Commons
Tuesday 12th April 2016 Public Bill Committees

[Mr Hayes]

I do not want to detain the Committee too long on these amendments, but this is an important debate, because investigation of the kind we are discussing may not at the outset be able to identify particular individuals. The effect of the amendments would be to limit the ability of warrant requesting agencies to apply for a warrant against organisations, and to require the naming of individuals. It is not always possible to do that. That includes individuals using communication devices—it may be known that someone has received a telephone call from a particular number, but not necessarily know who or where they are.

[Victoria Atkins]

Would a horribly pertinent example be the man in the hat in Belgium? Until this week the security services abroad did not know who that person was and were desperately trying to find out his identity.

[Mr Hayes]

That is an example of what I meant. There could well be people, either here or travelling here, whose identity is known only in the broadest terms. They are part of a network, a wider group or organisation, but no detail is known about them. That does not apply only to terrorist investigations; it might apply to serious organised crime investigations, in which by their nature we are dealing with organisations that desire anonymity. That means that investigations are challenging and makes the powers in the Bill absolutely necessary.

It is perfectly possible that a terrorist or criminal organisation might be seeking to travel in or out of the United Kingdom. It might not be clear at the outset which individuals will be travelling, or that all those travelling share an identified common purpose and will be carrying on the same activity, as required by the definition of “group of persons”.

It is also important to note that the Bill imposes strict limits on the scope of the warrant in relation to organisations. We need to be clear that activity against an organisation must be for the purpose of a single investigation or operation, and the Secretary of State and judicial commissioner will both need to be satisfied that the warrant is sufficiently limited to be able to meet the necessity and proportionality case. It is not just that it needs to be necessary and proportionate; it must be sufficiently limited to legitimise that.

--- Later in debate ---

[Mr Hayes]

That is an interesting point. I will take further advice on that in the course of my peroration, which will be marginally longer than it was going to be as a result.

Because we recognise that it is important that these warrants are not open-ended, we have added that important safeguard. The fact that it is in the code of practice and not on the face of the Bill does not weaken its significance. I emphasise that it must have force and will be an obligation, as I have described it.

I will come back to the hon. and learned Gentleman’s point, but first I will deal with amendments 8 and 9, which would remove the warrant requesting agency’s ability to apply for a warrant for testing or training purposes. It is vital that those authorised to undertake interception are able to test new equipment and ensure that those responsible for using it are properly trained in its use. There are, however, strict controls that govern the handling of material obtained during such tests. We believe that it is right that it should be possible for equipment to be tested in scenarios where it can be checked that it is working properly, for example by armed forces on the battlefield. It would have serious consequences for our military if they did not have the ability to test equipment so that risks and mistakes are avoided.

[Victoria Atkins]

Returning to the point made by the hon. and learned Member for Edinburgh South West about the man in the hat, the reason for the ability to investigate communication devices and numbers to which names may not be attributed is precisely so such a person can be identified through devices seized from suspects who have already been arrested. Is my understanding correct on that? The hon. and learned Lady accused me of misunderstanding, but may I invite the Minister to clarify?

[Mr Hayes]

My hon. Friend is right, and I can enlighten the Committee by saying that I have seen this in practice. At the National Crime Agency I saw an investigation live, because it happened that while I was visiting, just such a warrant was being used. The identity of a number of those involved in a very serious potential crime was not known, and a warrant was used to piece together information from what was known to prevent an assassination. I will say no more than that for the sake of the necessary confidentiality, but that capability was needed to avert a very serious crime. That warrant was highly effective, and if I needed any persuading, it persuaded me then of the significance of the power we are discussing.

To return to the point made by the hon. and learned Member for Holborn and St Pancras, thematic warrants can be modified by adding people, as I think he was suggesting, but only where it is in the scope of the original activity authorised by the warrant and the purpose does not change. It must be for the purpose that the warrant requesting agency gave without the double lock; he is right about that. However, the Secretary of State must be notified when a person is added, so there is a further check in terms of that notification. Modifications are not permitted to change the scope of the warrant. The provision is not open ended—I do not think the hon. and learned Gentleman was suggesting that it was, but he might have been interpreted as doing so.

Investigatory Powers Bill (First sitting)

Debate between John Hayes and Victoria Atkins

Thursday 24th March 2016 Public Bill Committees

[Mr Hayes]

Q As a follow up on that, obviously you appreciate that your recommendations on the operational case being made have been built in to what we are doing. Further to what you said about the Chairman of the ISC’s recognition of their proportionality and necessity, I suppose you would accept that any publication of that operational case will obviously be limited, because it is an operational case and as soon as you make it public to the point where it ceases to have value, it could compromise operations.

David Anderson: Yes, the agencies’ ability to protect us relies quite heavily on people not knowing exactly what it is they can and cannot do.

[Victoria Atkins (Louth and Horncastle) (Con)]

Q I will ask just a couple of questions, if I may, Mr Anderson. Looking at the operational case for bulk powers, the Home Office has stated:

“There is clear evidence that these capabilities have…played a significant part in every major counter terrorism investigation of the last decade, including in each of the seven terrorist attack plots disrupted since November 2014...enabled over 90% of the UK’s targeted military operations during the campaign in the south of Afghanistan…been essential to identifying 95% of the cyber-attacks on people and businesses in the UK discovered by the security and intelligence agencies over the last six months”.

They have also been of great use in serious organised crime and paedophilia investigations, as we know. Are those factors that you and others have taken into account when assessing whether we need bulk powers, and how critical they are to national security and serious organised crime investigations?

David Anderson: I saw and heard enough to persuade myself of the necessity of bulk interception powers and bulk data retention of the type we were describing—phone logs and emails and so on. I did not look at equipment interference, for example, because that was outside my remit, and the query that I raised on that earlier was really the same query that the Intelligence and Security Committee has raised. If you define the targeted powers so broadly as to encompass almost anything, what is the additional utility of a bulk power? I am not persuaded on that simply because I did not do the exercise.