Removal of warrants

Investigatory Powers Bill – in a Public Bill Committee at 10:45 am on 26 April 2016.

Alert me about debates like this

Photo of Robert Buckland Robert Buckland The Solicitor-General 10:45, 26 April 2016

I beg to move amendment 615, in clause 143, page 113, line 2, leave out “one or more”.

This amendment is consequential on amendment 616.

With this it will be convenient to discuss Government amendments 616 and 619.

Photo of Robert Buckland Robert Buckland The Solicitor-General

The amendments are aimed at clarifying that a bulk acquisition warrant can be modified so that all the activities that fall within clause 138(7)(a) which were authorised or required by the warrant cease to be so authorised or required. That clarifies that where a warrant is modified in relation to activity required of a service provider, it can be modified only to end or cease the acquisition of communications data under the warrant and not to make any changes to the scope of that acquisition.

That provides for limited circumstances, such as when a communications service provider helping with giving effect to the warrant goes out of business, where it continues to be necessary and proportionate to examine communications data collected under the warrant. For the avoidance of doubt, in instances where the requirements placed on a service provider need to be amended, a new warrant would be required. It is a limited but important clarification that I hope will reassure hon. Members.

Amendment 615 agreed to.

Question put, That the clause, as amended, stand part of the Bill.

The Committee divided:

Ayes 8, Noes 2.

Division number 58 Christmas Tree Industry — Removal of warrants

Aye: 8 MPs

No: 2 MPs

Aye: A-Z by last name

No: A-Z by last name

Question accordingly agreed to.

Clause 143, as amended, ordered to stand part of the Bill.

Clause 144