Home Secretary must 'go further' to address concerns over IP Bill
4 min read
As the Investigatory Powers Bill returns to the Commons this week, Shadow Home Office Minister Keir Starmer calls for Theresa May to "go further and concede in the other remaining areas of concern."
At a time when Parliament appears otherwise to be in hibernation until June 24th, one of the most important Bills of the session returns to the Commons this week.
The Investigatory Powers Bill is the Home Secretary’s latest attempt to provide the updated legal framework and safeguards we need to better protect our privacy and security in a rapidly changing age.
This is no small task.
The Snowden revelations show how vital it is that we overhaul the transparency, safeguards and scrutiny of investigatory powers.
The changing nature of crime – increasingly global, increasingly online and increasingly fast moving – also means that our security services and police need new tools to tackle new threats.
Having been Director of Public Prosecutions for five years and having spent more than two decade as a human rights lawyer, I see very clearly the need to get this Bill right. We need legislation that protects privacy, ensures public safety and inspires public confidence.
And let me be clear, this is far from a perfect Bill.
In March, when the Bill was introduced, Andy Burnham and I set out seven areas where we needed to see significant improvement before we could support the Bill becoming law by the end of this year.
Over the last three months we have repeatedly made the case for these improvements, emphasising that the Bill lacked sufficient safeguards, rigour and detail in key areas.
This has often seemed a forlorn process. But the Home Secretary has now made very welcome announcements on two of Labour’s key asks.
Firstly an independent panel chaired by the Independent Reviewer of Terrorist Legislation, David Anderson QC, will be set up to evaluate the operational case for the bulk powers included in the Bill. This is a major concession and will report over the summer in time to be considered in the Lords. Bulk powers should not be introduced without this review of the operational case for them.
The Government have also accepted Labour’s demand for a clear provision in the Bill that excludes the use of investigatory powers against legitimate trade union activity. This is particularly welcome given revelations that there may have been inappropriate action against trade unions in the past. Labour has tabled a robust amendment to this end and it is for the government to respond. How it does so will be a test of its commitment to protect legitimate trade union activity.
Labour have also been clear, however, that the Government need to show significant movement in the remaining five areas if we are to support the Bill this week.
That means the inclusion of an overarching privacy presumption on the face of the Bill. Amendments have been tabled to achieve this.
It means stronger thresholds for accessing Internet Connection Records (ICRs), because Labour believe these powers should only be used to prevent and prosecute ‘serious’ crime, not ‘any’ crime.
It also means stronger protections for journalists and lawyers against the use of investigatory powers; clearer restrictions on retaining sensitive personal data such as NHS records and more robust scrutiny of the process for authorising and modifying warrants to allow the use investigatory powers.
So, as the Bill returns to the Commons this week, the ball is very firmly in the government’s court.
The Home Secretary has already made significant concessions to meet the improvements called for by Labour. But she needs to go further and concede in the other remaining areas of concern.
Keir Starmer is a Shadow Home Office Minister and is leading on the Investigatory Powers Bill for Labour
The Bar Council says amendments tabled for today's report stage of the Investigatory Powers Bill shows that politicians are taking the right to legal privilege without the threat of state surveillance seriously. Read the full statement here.
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