Draft Investigatory Powers Bill

Damian Green Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

The requirement for a double lock relates to the most intrusive powers, mainly those relating to the interception of communications. Access to communications data will continue to take place according to the current process, which does not involve warrantry from the Secretary of State. Not everything in the Bill involves the warrantry; it is involved only in those most intrusive powers.

[Damian Green (Ashford) (Con)]

My right hon. Friend is to be congratulated particularly on the introduction of independent judicial oversight, which, as she will know, many Members in all parts of the House regard as an essential step towards ensuring that she can promote both the security of the people and their civil liberties. As she says, security and civil liberties are not a zero-sum game; they go together.

In relation to the double lock, has my right hon. Friend considered any kind of reconciliation mechanism to enable the judge and the Home Secretary to resolve the position—presumably over some time—if they reach different decisions, or will the intelligence services be able to come back again so that warrants are not simply lost?

[Mrs May]

That is an important point. I think that it was touched on in a previous question, and I apologise for not responding to it then.

Under the current system, if the Secretary of State expresses the view that a warrant should not be issued, it is open to the agency concerned to go away, reconsider, and then come back with more information about necessity and proportionality, or to abandon the warrant, or to consider applying for a different warrant. That process will continue to be possible under the new system.