Regulation of Investigatory Powers Bill

Part of the debate – in the House of Lords at 3:30 pm on 19 July 2000.

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Photo of Lord Bassam of Brighton Lord Bassam of Brighton Parliamentary Under-Secretary, Home Office 3:30, 19 July 2000

My Lords, my name is, I suppose by the luck of the draw, at the top of the list of names to the amendment. It could have been moved by the noble Lord, Lord Cope, or the noble Lord, Lord McNally.

I wish to speak also to Amendments Nos. 9 and 10. These amendments clarify the effect of the amendments to this clause made by noble Lords last week. This clarification is necessary as the effect of the amendments last week was to create two separate but overlapping duties in Clause 14. The first duty, at Clause 14(1), was in respect of marginal costs for postal companies, marginal costs for telecommunications companies and capital costs for both. The second duty, at subsection 14(3), was in respect of the marginal costs of companies which also happen to be the subject of obligations under Clause 12.

Prior to last week's amendments, the obligation on the Secretary of State under subsection (3) was stronger than the discretion under subsection (1). Hence they were treated separately although there was a degree of overlap between them.

The effect of last week's amendments was to introduce an obligation under subsection (1). As both subsections now impose an obligation to pay contributions, or to see that contributions are paid, it is right that they should now be wrapped up into a single duty. The amendment is recast in terms of "arrangements" for securing that contributions are paid, as this allows other means of payment than direct payment from the Home Office. For example, contributions to the marginal costs for telephone interception may well come from the National Criminal Intelligence Service. That is what is now proposed in subsection (1) of this amendment. The issues for which payments can be made--listed in subsection (2)--remain unchanged.

This amendment incorporates a slight elaboration on the requirement to ensure a fair contribution in subsection (1). It specifies that considerations of fairness should look to the particular circumstances of the case in question; in other words, on a case by case basis. Particular notice should be taken of the circumstances of the service provider on whom the obligation is being imposed. We argue that that is the fairest way to deal with the matter. A wide variety of issues may be relevant here but I am pleased that the noble Lords opposite and I have been able to reach agreement that the duty of the Government to ensure fairness in the regime to be operated under Clause 12 carries with it an explicit commitment to consider the circumstances of each individual service provider approached when assessing what is a fair contribution. I would expect this to include a consideration of a wide variety of factors such as comparisons with international practice; the nature of any additional burden to be imposed; the size of the company in as far as that may be related to the ability of the company to absorb the burden, and other factors besides.

Amendment No. 9 includes a new subsection to replace existing subsection (3). This is merely the familiar provision that the Secretary of State may make arrangements for payments to be made out of money provided by Parliament in order to fulfil the duty identified at subsection (1). I beg to move.