§ Mr. CohenTo ask the Secretary of State for the Home Department what discussions he has had with the private security industry with respect to the Regulation of Investigatory Powers Bill and its provisions for dealing with surveillance. [132804]
§ Mr. Charles ClarkeThere have been no discussions with the private security industry regarding the provisions of the Regulation of Investigatory Powers (RIP) Bill which deal with covert surveillance only in respect of public authorities.
Part II of the Bill has been introduced as a result of the incorporation into United Kingdom law, in the form of the Human Rights Act 1998, of the European Convention on Human Rights. Section 6(1) of the Human Rights Act makes it unlawful for a public authority to act in a way which is incompatible with a Convention right. Part II of the RIP Bill provides a permissive regime whereby specified public authorities may seek authorisation for a range of activities, including covert surveillance, to ensure they are carried out in accordance with the Convention.
§ Mr. CohenTo ask the Secretary of State for the Home Department how many convictions there have been since 1970 under the Wireless and Telegraphy Act 1949 for use of surveillance devices. [132807]
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§ Mr. Charles ClarkeThe Home Office Court Proceedings Database cannot identify separately such offences from other summary offences under the Wireless Telegraphy Act 1949.
However the Radiocommunications Agency of the Department of Trade and Industry advise that although they have no records of prosecutions against those using surveillance devices before 1990, records since then show that a conviction was secured in 1991. This was under section 1 of the 1949 Act and against a taxi firm owner using a bugging device to monitor employees.