Contribution
My Lords, it is a pleasure to be here today to bring forward these regulations, which are enabled by the Investigatory Powers Act 2016, during the passage of which some nine years ago I recall sitting for many hours. The IPA provides a framework designed to protect the public by giving law enforcement and the intelligence services the tools they need to prevent, detect and prosecute crime. It also safeguards the privacy of individuals by setting out stringent controls over the way the IPA powers are used.
Communications data reveals the who, where, when and how of a communication but not, I emphasise, its content, such as what was written or said. CD is routinely relied on as evidence in 95% of serious organised crime investigations and has played a significant role in every major terrorism investigation over the past decade.
These regulations will update the public authorities listed in Schedule 4. Only those public authorities listed in the schedule are permitted to use the CD powers in the Act and therefore have the authority to compel communications data from telecommunications or postal operators. In addition to this safeguard, Part 3 of the IPA sets out the specific statutory purposes for which the communications data may be acquired by the relevant public authorities. The Communications Data Code of Practice provides guidance on the process of making a Part 3 application under the Act, which ensures that the power is used only when it is both necessary and proportionate. The IPA requires public authorities to have regard to the code in the exercise of their functions.
These regulations add 11 new entries to the schedule: the Intellectual Property Office, an executive agency sponsored by the Department for Science, Innovation and Technology; the Driver & Vehicle Standards Agency, an executive agency sponsored by the Department for Transport; the Security Industry Authority, an executive non-departmental public body sponsored by my department, the Home Office; Counter Fraud Services Wales, an organisation hosted by the Velindre University NHS Trust; the integrated corporate services counter fraud expert services team—a bit of a mouthful—situated within the Department for Business and Trade; the integrated corporate services counter fraud expert services team situated within the Department for Energy Security and Net Zero; the counter fraud and investigation team situated within the Department for Environment, Food and Rural Affairs; and the South East Coast Ambulance Service, the North West Ambulance Service, the West Midlands Ambulance Service and the East Midlands Ambulance Service.
Except for the four ambulance trusts, the public authorities to be added are all new entrants to the schedule and to CD powers. Following their addition to Schedule 4, the seven newly added public authorities will be able to apply for an independently approved authorisation via the Investigatory Powers Commissioner’s Office, which, if granted, can be used to compel tele- communications or postal operators to disclose CD for the purposes set out within their designation in Schedule 4. They will not be given the power to internally authorise CD applications.
The four entries relating to the English ambulance trusts retain their CD powers and the ability to internally authorise applications. The umbrella definition of “an ambulance trust in England”, which included a total of 10 English ambulance trusts, has therefore been removed and replaced with the four named individual ambulance trusts. Therefore, six English ambulance trusts will be removed from the schedule because they have confirmed to us that they no longer require those CD powers. The Welsh Ambulance Services NHS Trust and the Scottish Ambulance Service board will also be removed from the schedule, having confirmed that they no longer need to retain their CD powers.
This SI makes no change to the ambulance service in Northern Ireland and its designation in the schedule. The regulations will amend the Insolvency Service’s designation to include the Department for Business and Trade following the machinery of government changes. There is no change to the Insolvency Service’s ability to acquire CD for the purposes already listed in Schedule 4.
In summary, communications data is vital for evidence in criminal and national security investigations. These changes will enable the aforementioned public authorities —I have mentioned them in this introduction—to carry out and fully work through their essential statutory duties in order to safeguard the public from threats. I commend the regulations to the Committee.