Data Retention and Investigatory Powers Bill

Part of Bills Presented – in the House of Commons at 1:51 pm on 15 July 2014.

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Photo of Theresa May Theresa May The Secretary of State for the Home Department 1:51, 15 July 2014

My hon. Friend says most of these are warranted powers: of course the lawful intercept section of the Bill is in relation to warranted powers, but communications data are not subject to warrants signed by a Secretary of State. [Interruption.] I am about to answer the question. I am not quite sure who said that. [Interruption.] Oh, Pete Wishart; I might have guessed.

Certainly, I would expect only warrants that would fall under current lawful intercept powers to come to me. On the issue of lawful intercept, it has been the contention of this Government—and, I believe, the previous Government when they passed the Regulation of Investigatory Powers Act 2000—that that had extraterritorial application. That has been legally questioned and we have continued to assert that that is the power that currently exists. The Bill puts that beyond doubt, by putting it clearly into primary legislation, so nobody can be in any doubt that the power that we have always said existed does in fact exist. That is the entire point, and I might add that I think a number of people may take comfort from the fact that my hon. Friend Dr Huppert does not consider there to be an extension of powers in this Bill.