§ 7.54 p.m.
§ Baroness Scotland of Asthal rose to move, That the draft order laid before the House on 5 February be approved [8th Report from the Joint Committee].
§ The noble Baroness said: My Lords, this draft order has been seen by the Joint Committee on Statutory Instruments. It will bring into effect the procedures for authorising and using directed and intrusive surveillance and for the conduct and use of covert human intelligence sources.
§ Where there is an allegation of criminal conduct by a person serving with the police, there is a real need for an independent alternative to an investigation by the police. Part 2 of the Police Reform Act 2002 envisages that the IPCC will itself conduct investigations only in the most serious cases. The IPCC investigators will need to operate in the same way as the police and will need the same capabilities and the same powers in order, for example, to interfere with property, to engage in surveillance or to use human intelligence sources. The order will give the IPCC the necessary powers to conduct investigations independently from the police into allegations of serious criminal conduct by any person serving with the police.
§ The modifications made by this order are about setting appropriate levels within the IPCC in regard to authorisation to use specific powers for specific purposes; ensuring that the IPCC is subject to equivalent controls as apply to the police; and handling of complaints against the IPCC in exercising its powers under the order.
§ The provisions in the Police Act 1997 and RIPA were drafted to ensure sufficient certainty in the mechanisms for safeguarding against the misuse of the powers contained in them. Such safeguards are required to comply with the duty under Section 6 of the Human Rights Act. Existing mechanisms provided by the Police Act 1997 and RIPA are compatible with the convention 195 rights. This order slots the IPCC into the existing mechanism. There has been consultation on the order with the independent Police Complaints Commission, the IPCC, the Crown Prosecution Service and the Police Advisory Board for England and Wales. I should like to reassure the House that these provisions will be used with the most stringent compliance with the rules and will address the most serious cases. I commend the order to the House.
§ Moved, That the draft order laid before the House on 5 February be approved [8th Report from the Joint Committee].—(Baroness Scotland of Asthal.)
§ Viscount BridgemanMy Lords, I again thank the Minister for her helpful explanation. This is a very significant order as it sets in train the Independent Police Complaints Commission. It is of the most vital importance that this body is seen to be the monitor of police behaviour in exercising the very considerable powers they now possess particularly under the Police Act 1997 and the Regulation of Investigatory Powers Act 2000. It is so important in maintaining the public's confidence in the integrity and good behaviour of the police.
The order includes some very satisfactory requirements for authorisation by senior officers and officials of the commission. We very much welcome the express provision in the order relating to the requirement of the IPCC to assist the tribunal with documentation and information, thus providing a further monitoring body for the proper exercise of police powers.
In these days of the ever-present threat of terrorism in the United Kingdom it is important that the ever-delicate balance between respect for the rights of the individual and the security of the realm is correctly struck. I would very much welcome the Minister's assurance that the Government are satisfied that the order meets that criterion. I welcome the order.
§ Lord AveburyMy Lords, I entirely agree with the noble Viscount, Lord Bridgeman, that it is essential to maintain public confidence in the police and that this order goes to the heart of that matter in giving the IPCC identical powers to conduct investigations into complaints of criminal conduct by police officers as there would be if that conduct were committed by a member of the public.
I should like to add only one comment to those of the noble Viscount. Although the noble Baroness has given us the assurance that these powers will be used extremely sparingly—I certainly hope that that will be the case—I should like to know what kind of parliamentary oversight there will be of the use made of the powers. Will a report be made by the Independent Police Complaints Commission on the particular exercise of these powers; or, when the powers are exercised, will it be part of a general report—such as an annual report—that they make?
196 I should like to be assured that this extensive power will be monitored properly and that the way in which it is used is known to the public, so that the assurance sought and obtained by the noble Viscount, Lord Bridgeman, in respect of the order is extended to the actual exercise of the power; and it is not simply a theoretical notion that those powers might be used in extreme cases.
§ Baroness Scotland of AsthalMy Lords, again I thank both noble Lords for their helpful remarks in support of the order.
In answer to the noble Viscount, Lord Bridgman, I am happy to say that we are so satisfied. The IPCC will prepare annual reports which will include the occasions that the powers are used. I hope that that satisfies the concern expressed, quite properly, by the noble Lord, Lord Avebury. I commend the order.
§ On Question, Motion agreed to.
§ Baroness AndrewsMy Lords, I beg to move that the House do now adjourn during pleasure until 8.33 p.m.
§ Moved accordingly, and, on Question, Motion agreed to.
§ [The Sitting was suspended from 8.2 to 8.33 p.m.]