Power to modify section 61 and Schedule 4

Part of Investigatory Powers Bill – in a Public Bill Committee am 9:45 am ar 19 Ebrill 2016.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of John Hayes John Hayes Minister of State (Home Office) (Security) 9:45, 19 Ebrill 2016

I know the hon. and learned Gentleman is probing. He is right that the clause sets out how the Secretary of State may, by regulation, add or remove public bodies listed in schedule 4 and make modifications accordingly, but it also sets out that the Secretary of State does so by means of regulations. He will have noted that in practice that means a statutory instrument, which is subject to the affirmative procedure, as is made clear in clause 63(3).

I understand the hon. and learned Gentleman’s point, which is reasonable, but there are limits on what the Secretary of State can do in the sense that the affirmative procedure must be followed, which will give an opportunity for further consideration. I am happy to confirm that the intention in the Bill and the spirit in which it was constructed are very much along the lines he described.