Investigatory Powers Bill - Report (3rd Day)

Part of the debate – in the House of Lords at 6:00 pm on 19 October 2016.

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Photo of Lord Paddick Lord Paddick Liberal Democrat Lords Spokesperson (Home Affairs) 6:00, 19 October 2016

My Lords, Amendments 250A and 251A, in my name and that of my noble friend Lady Hamwee, relate to technical capability notices through which the Secretary of State can require an operator to have a capacity to provide any assistance necessary that might be required to give effect to the powers under the Bill. We have received representations on behalf of operators asking that those notices should be specific about the distinct service or product to which the notice applies, rather than a blanket, “You must have the capability to do anything we may require you to do under the powers contained in legislation”. Amendment 250A is intended to have that effect, while Amendment 251A tries to limit the scope of technical capability notices. The power to issue a technical capability notice applies to any provider capable of being considered a telecommunications provider under the very broad definitions in the Bill. It would not be proportionate or necessary for this power to be so broad. The amendment aims to narrow the definition to exclude services that are not primarily communications services, even when there may be a communications element. Whether the wording of our amendment achieves that is a matter for debate, but that is what is intended. I beg to move.