Modification of warrants issued by the Secretary of State or Scottish Ministers

Part of Investigatory Powers Bill – in a Public Bill Committee am 1:00 pm ar 21 Ebrill 2016.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Robert Buckland Robert Buckland The Solicitor-General 1:00, 21 Ebrill 2016

I will try to deal with this in short order. I am grateful to the hon. and learned Gentleman for the way in which he advanced his argument. It is in that spirit that I adopt the arguments I made previously. I simply make the point that under this clause we are dealing with safeguards that in my view do not undermine the important double lock standard.

I have some concerns about the amendments that relate to the judicial commissioner having to approve the decision to make modifications to EI warrants. The decision will already have been subject to the safeguard, so to require the judicial commissioner to authorise tactical operation day by day—indeed, minute by minute—is not necessary; in fact, it could be operationally damaging. The Government believe that the code makes clear, on the basis of the arguments we had before, the way in which the scope of the warrant needs to be addressed. Reading across, I would say that the safeguards in the code are helpful and clear.