Designation of international agreements for purposes of section 52 of Investigatory Powers Act 2016

Part of Crime (Overseas Production Orders) Bill [Lords] – in the House of Commons at 3:30 pm on 30th January 2019.

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Photo of Ben Wallace Ben Wallace Minister of State (Home Office) (Security) 3:30 pm, 30th January 2019

Yes, but the hon. Gentleman did not expand on them. If he had, he would have said, for example, that the Lord Chief Justice of England and Wales made it very clear that

“the Government recognises and responds to the realities of political life in the state concerned, whether or not it likes those realities. It would be very odd indeed to ignore them. Ministers, diplomats and other officials are engaged in a constant process of evaluation, making judgements about the differences between what is said and what is meant;
between what is threatened, explicitly or implicitly, and what is likely to happen;
about the impact of action of the UK. That is what was done here. The Home Secretary had the advice of the British Ambassador…The suggestion that he was not entitled to take it into account and rely on that expert assessment when making his own judgement is misconceived.”

The Lord Chief Justice recognises the political realities within which we operate in the course of trying to keep people safe in this nation. It is a great shame that the shadow Home Secretary cannot manage to recognise those realities when the Lord Chief Justice can.

Question put, That the clause be read a Second time.

The House divided:

Ayes 310, Noes 257.