Lord Davies of Gower (Con)

My Lords, we on this side recognise the Government’s intention to update the Investigatory Powers Act introduced by the previous Government, and we are supportive of introducing measures that protect the public by giving law enforcement the tools they need to prevent and prosecute crime. As noble Lords across the Committee are aware, technology is a fast-moving space. As society’s use of technology changes, it is essential that we adapt and it is imperative that our public authorities are fully equipped with capabilities to prevent criminals exploiting technology features, hiding their identity, evading detection and putting the public at risk. This statutory instrument amends the Investigatory Powers Act by providing 11 new public authorities with the power to obtain communications data. Seven of the new public authorities listed will have the power to apply for an independently approved authorisation to compel telecommunications and postal operators to disclose communication data. The remaining four entries are English ambulance trust services that were previously designated under the definition of an ambulance trust in England, which included a total of 10 ambulance services in England. Under the changes, this definition has been removed and replaced with individual entries, as six of these ambulance services have confirmed they no longer require the communication data powers. Following the Home Office’s review of Schedule 4, this instrument ensures that only public authorities with a need to acquire communications data will be able to request access. While we on these Benches do not oppose the amendments being made, we must question why certain ambulance services will hold the ability to retain this power over other ambulance services. We recognise that some ambulance services should retain these powers, which may help in preventing serious injury or death, but we must consider whether the inconsistent treatment of ambulance services presents any future risks. We understand that access to communications data is useful for some ambulance services, but we must not rule out that others might require access in future. Can the Minister assure us that services requiring access in future will not be unduly limited or delayed if judged to be in the pursuit of legitimate public interest? We recognise that these powers are necessary, but they need to be complemented by adequate resources if they are to be wielded effectively. Can the Minister therefore update us on what consultations his department has undertaken with the public authorities empowered by the regulations? Can he confirm that those authorities have adequate resources and legal advice on the use of the new powers? We recognise that the addition of entries to Schedule 4 increases the demand and strain on the resources of the Investigatory Powers Commissioner’s Office. This concern has been raised in Brian Leveson’s annual report on the use of communications data. It is essential that the Government consider ways to reduce pressures on the operational effectiveness of the Investigatory Powers Commissioner’s Office. Can the Minister set out what steps will be taken to address this? In conclusion, while we do not oppose the measures being introduced, we would like some reassurance that those ambulance services that have been excluded will not be disadvantaged in the pursuit of preventing injury or death. We urge the Minister to recognise the impact of the amendments on the resources of the Investigatory Powers Commissioner’s Office and ask for further clarification on how these authorities will be supported in exercising these powers in the interests of the public.