Investigatory Powers Bill 'currently not fit for purpose'
2 min read
Shadow Home Office Minister and former Director of Public Prosecutions Keir Starmer MP writes that the 'controversial' Investigatory Powers Bill still has potential to become a piece of legislation that can 'better protect our privacy, security and democracy' if the Government listens to Labour.
Today the Commons will debate the Government’s controversial Investigatory Powers Bill. Having been a human rights lawyer and Director of Public Prosecutions, I know all too well the challenges this will throw up and the importance of making sure we get this right. It’s clear from a number of detailed and independent reports that we need to update and improve our security framework and our privacy laws.
The Snowden revelations also make clear that some investigatory powers are being used more widely in the UK than was previously known and without sufficient safeguards.
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The question is: will the Government’s Investigatory Powers Bill address this in a way that protects our privacy, security and democracy?
At the moment, the jury is out. The three independent reports into the Government’s draft Bill made a number of serious and sustained criticisms. The Government have made progress on some of these, but on others they have exacerbated them.
Instead of defining new powers more tightly, the Government has widened them.
Instead of setting out a detailed, independently verified justification for each bulk power, the Government published their operational case within a mere 19 days of the draft Committee reporting.
And instead of providing clear thresholds and tightly drawn definitions the Government have been increasingly vague on the potential scope and use of these powers.
Labour will robustly challenge these and many other points in the days and weeks to come. And the Government will need to make significant improvements to a Bill that is currently not fit for purpose.
But, if they do, there is still the potential to achieve hugely significant and long overdue legislation that can better protect our privacy, security and democracy.
Keir Starmer is a Shadow Home Office Minister and the Labour MP for Holborn and St Pancras
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