Modification of warrants issued by the Secretary of State or Scottish Ministers

Part of Investigatory Powers Bill – in a Public Bill Committee at 1:00 pm on 21 April 2016.

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Photo of Keir Starmer Keir Starmer Shadow Minister (Home Office) 1:00, 21 April 2016

Well, no. [Laughter.] I do not mean that disrespectfully, but the test in clause 30(9), which is in relation to major modifications, is whether the modification is necessary and whether it is proportionate. That is a sensible test. I accept that the test in clause 104(4) is in relation to all modifications, but one would expect to see the words “that the modification is necessary”, not

“that the warrant as modified continues to be necessary”.