Investigatory Powers Bill - Report (1st Day)

Part of the debate – in the House of Lords at 4:30 pm on 11 October 2016.

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Photo of Lord Mackay of Clashfern Lord Mackay of Clashfern Conservative 4:30, 11 October 2016

My Lords, it seems to me that the Government have a responsibility to implement the section in the Act that has been referred to. They have the power to commence that provision, and the reason for such delays is normally to make the necessary provision to enable it to be put into force. On this occasion, it looks as though there may be other reasons. I have to hope that those reasons do not include anything like succumbing to any particular influence that might be contrary to implementing what has been enacted—with the agreement, as the noble and learned Lord, Lord Wallace of Tankerness, pointed out from his personal experience, of all the political parties at the highest level at the time. I think it is the right thing to do for the Government to implement that provision. I am not at all sure that it is wise to enact some less effective provision in the hope that it will stir the Government up to enact the better one.

I sincerely hope that the new Secretary of State and the new Prime Minister will see the obligation that rests on them to carry out what had been undertaken by their predecessors. Indeed, the Prime Minister was a party to that agreement at the time as the Home Secretary of a Government who consented to the operation.

On the basis that the amendment is different from and less effective than the section in the enacted Bill, it is not particularly wise to put the amendment forward for enactment, but I hope that the new Secretary of State, having had a chance to consider the matter, and the Prime Minister, in her new role, will ensure that the agreement—so fully come to some years ago, after an amendment to another Bill had been passed in this House—will be honoured, and enact that moral obligation without further delay.