TIPPING-OFF (Hansard, 26 July 2000)

§ Jane Kennedy
I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker
With this it will be convenient to discuss Lords amendments Nos. 78, 86 to 97, 99 to 101, 112 to 114, 116 to 119, 134, 135, 137, 146, 147, 150, 151, 153, 160, 161 and 163.

§ Jane Kennedy
It is appropriate that I give due credit to Opposition Members, who raised the issue of the number of commissioners on Second Reading and pursued it in Committee. Amendments Nos. 77 and 78 and related amendments respond directly to those concerns.
The hon. Member for North-East Hertfordshire (Mr. Heald) will remember that in Committee we discovered that the security service commissioner and the intelligence services commissioner were in practice roles performed by the same person. Amendments Nos. 77 and 78 formalise that arrangement by having one commissioner carrying out both functions, together with the additional functions required of him under the Bill. The streamlining of the number of commissioners has required a slight change to the title of the Bill, and I refer the House to amendment No. 163.
Amendments Nos. 78, 97, 101, 114, 117, 134 and 153 result from the earlier decision to remove from the Bill, when the provision was last before the House, the post of a covert investigations commissioner. The role of that commissioner was amalgamated with that of the chief surveillance commissioner under the Police Act 1997. However, in making these changes, we set the chief surveillance commissioner a wide-ranging and onerous task. We must therefore provide the commissioner with further assistance to ensure that he is able to be effective. We believe that he cannot act alone and we anticipate that he will need some form of inspectorate to assist him.
We think also that it is important that he should be provided with some judicial support for this function. The amendments will achieve that by allowing the Prime Minister, after consultation with the chief surveillance commissioner, to appoint serving or former circuit or Crown court judges to assist in the monitoring process. By this means, we will ensure independent judicial scrutiny of authorisations by all public authorities.
Amendment No. 86 imposes a duty on the Secretary of State to provide the interception of communications commissioner with such technical facilities and staffs as are sufficient to enable him properly to carry out his functions. Amendment No. 87 is designed to remove any 1210 doubt that there may previously have been that the interception of communications commissioner may report at any time to the Prime Minister on any matter relating to his functions, as he thinks fit.
Having made such good progress in streamlining the numbers of commissioners, it is somewhat ruefully that I turn to amendments Nos. 90, 93, 100, 113 and 119, where we introduce a new commissioner. I seek to reassure the House that the new commissioner has a role that is clearly circumscribed in three different ways. First, it is limited to Northern Ireland. Secondly, it is limited to actions under part II of the Bill—to directed surveillance and covert sources. Finally, the role of this commissioner is limited to the actions of public authorities, the responsibility for which is transferred to the First Minister and Deputy First Minister in Northern Ireland and the Northern Ireland Assembly.
I commend the amendments to the House. I am sure that they will be welcomed by right hon. and hon. Members on both sides of the Chamber.

§ Mr. Heald
I thank the Minister for her generous comments. It is true that the amendments relate to a theme that we have pursued throughout our consideration of the Bill. That began with, in effect, its first outing, which was Second Reading in this place. We are pleased with the progress that has been made. We had hoped originally for a uniform commissioner, but we are satisfied with the Minister's explanations. We are getting what amounts to a unified secretariat. There has been much streamlining, and that is most welcome.
We always imagined that there would have to be separate arrangements for Northern Ireland. We do not really count that commissioner, if the hon. Lady will accept that. We think that good progress has been made and we are pleased with the amendments.