Clause 48 - Criminal investigations or proceedings
Sexual Offences Bill [Lords]
9:45 am
Mr Humfrey Malins (Woking, Conservative)
Following on from my hon. Friend's comments, will the Minister explain whether the authorisation give by the director general is to be given specifically—that is to say that the decision making would involve only the director general—or is it wider, meaning that other members of the security services will be able to provide an authorisation under delegated powers from the director general himself? That is my first point. We have come across a parallel in other legislation where someone with a title is given authority, and it is important to clear up whether it is that individual person who has to make the decision and give the authority, or whether that person can delegate to others in his or her organisation. How wide is the prospect of authorisation being given?
Secondly, because of the slightly unusual circumstances, does the Minister think that there is any merit in the proposition that in the case of the director general giving authorisation, he or she should first seek permission from a High Court judge, or is she entirely happy with the provision as it stands? I join my hon. Friend in probing in relation to the amendment.