Service of warrants outside the United Kingdom

Investigatory Powers Bill – in a Public Bill Committee at 11:00 am on 26th April 2016.

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Photo of Keir Starmer Keir Starmer Shadow Minister (Home Office) 11:00 am, 26th April 2016

I rise to speak to amendment 522, in clause 148, page 116, line 10, at beginning insert—

“Where such a warrant is to be given to a person outside the United Kingdom, the warrant shall be served at that person’s principal office outside the United Kingdom where it is established, for the provision of services. Where it is considered unfeasible or inappropriate in the circumstances,”.

The Home Secretary confirmed at second reading that a UK agency would only serve a notice on an overseas entity that is capable of providing assistance under the warrant. UK agencies today routinely use secure means of communication to transmit notices directly to the main office of overseas CSPs.

This amendment and amendment 523 to the next clause are similar to amendments I tabled to other clauses dealing with overseas service and implementation of warrants, including bulk warrants. I have already outlined our concerns and will not repeat them. I will not press the amendments as I have previously withdrawn similar versions. We may revisit this issue when we get to the overarching matter of the oversight provisions that may address some of the concerns of some of the companies that will be affected by these wide powers.

Amendment not moved.

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

The Committee divided:

Ayes 8, Noes 2.

Question accordingly agreed to.

Clause 148 ordered to stand part of the Bill.

Clause 149