New Clause 3

Investigatory Powers (Amendment) Bill [Lords] – in a Public Bill Committee am 4:00 pm ar 7 Mawrth 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“Within six months of the passage of this Act, the Secretary of State must publish a report assessing the potential impact of this Act on EU data adequacy decisions relating to the United Kingdom.”—

This new clause would require the Secretary of State to publish a report on potential impact of the provisions within this Bill on the requirements necessary to maintain a data adequacy decision by the EU.

Brought up, and read the First time.

Photo of Dan Jarvis Dan Jarvis Shadow Minister (Home Office) (Security)

I beg to move, That the clause be read a Second time.

New clause 3 relates to the impact of the Act on EU data adequacy decisions. When a similar measure to this new clause was proposed by my noble Friend Lord Coaker during the Bill’s passage through the other place, the response from the Minister, Lord Sharpe, confirmed the UK Government’s regular contact with the European Commission about the Bill to ensure that any changes are understood. We welcome that but, as I hope the Minister will understand, such engagement is a continuous process, not a single event or even a series of events. As part of this continuous process, we believe that the Secretary of State should publish a report assessing the potential impact of the Act on EU adequacy decisions.

As Lord Coaker said in the other place:

“The adequacy agreement is dependent on the overall landscape of UK data protections”.—[Official Report, House of Lords, 23 January 2024; Vol. 835, c. 688.]

That is even though the UK protections require some further work. However, given the time pressures, Mrs Cummins, that is all I will say about new clause 3.

Photo of Thomas Tugendhat Thomas Tugendhat Minister of State (Home Office) (Security)

First, I welcome the interactions we have had on this point, as well as the work of Lord Coaker and Lord Sharpe to ensure that this is widely understood. The work that has been done is important. We face the challenge that although we obviously commit to fulfilling our side of the TCA and the various agreements we have struck, this is really a matter for the European Commission to determine, so it is not one that we can pass into UK law. It is really a matter for them.

Photo of Dan Jarvis Dan Jarvis Shadow Minister (Home Office) (Security)

I have nothing further to add. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Photo of Thomas Tugendhat Thomas Tugendhat Minister of State (Home Office) (Security)

On a point of order, Mrs Cummins. I would like to express my extreme personal thanks to Tom Ball and the Bill team, Phoebe, the Lucys, and the many others who have contributed brilliantly to ensure that this Bill has proceeded with speed and professionalism. I thank not only the members of the Committee, but all Members of many parties, and particularly the ISC, which has contributed so much to this Bill, despite what the right hon. Member for North Durham claims. May I say a particular thanks to my very good friend and shadow, the hon. Member for Barnsley Central? It is an enormous pleasure to think that we have gone from fighting the Queen’s enemies to passing the King’s laws together.

Photo of Dan Jarvis Dan Jarvis Shadow Minister (Home Office) (Security)

Further to that point of order, Mrs Cummins. I join the Minister in warmly extending my thanks on behalf of Labour to all members of the Public Bill Committee and all the officials, both in the Department and in the House, who have done a sterling job in getting us to this point. I am grateful to the Minister for his collegiate approach, which I very much hope we will be able to maintain during the further passage of the Bill. Thank you, Mrs Cummins.

Photo of Peter Dowd Peter Dowd Llafur, Bootle

Further to that point of order, Mrs Cummins. May I say a particular thanks to you for chairing this Committee today in such a fantastic and eloquent way?

Photo of John Hayes John Hayes Ceidwadwyr, South Holland and The Deepings

Further to that point of order, Mrs Cummins. Since we are having further points of order, I want to say to the Minister, and the shadow Minister, how grateful I think most of the Committee are for the way this Bill has been conducted. This is a really good example of how a measure can be considered in Committee in a way that is not nakedly partisan or, worse, spiteful. I simply say to the Minister that I do regard the original Act as my child, and I see him as its foster parent, so he had better do a good job.

Bill, as amended, to be reported to the House.

Committee rose.

Written evidence reported to the House

IPAB01 Computer & Communications Industry Association (CCIA)

IPAB02 Big Brother Watch

IPAB03 Center for Data Innovation, Information Technology and Innovation Foundation (ITIF)

IPAB04 Information Technology Industry Council (ITI)

IPAB05(a) Rights & Security International (clauses 2 and 5 on the borrowing of legal concepts from the US that could open the door for intrusive and rights-violating surveillance)

IPAB05(b) Rights & Security International (on the impact of the Bill on trade unions)

IPAB06 Open Rights Group

IPAB07 London New Liberals

IPAB08 Global Encryption Coalition’s Steering Committee

IPAB09 Internet Society UK Chapter and Access Now

IPAB10 Apple

IPAB11 techUK

IPAB12 Global Network Initiative (GNI)