§ Harry CohenTo ask the Chancellor of the Exchequer whether(a) the Inland Revenue and (b) Customs and Excise may gain access to communications data using powers other than those specified in the Regulation of Investigatory Powers Act 2002 and the Interception of Communications Act 1985. [95615]
§ Dawn PrimaroloThe Regulation of Investigatory Powers Act (RIPA) 2000 repealed the Interception of Communications Act 1985.
178W(a) It is anticipated that regulations to be laid by the Home Office later this year under the RIPA 2000 will give the Inland Revenue access to some communications data covered by the Act. Thereafter, it is expected that any access to communications data from communications service providers will be through the powers specified. The Inland Revenue have more general powers to require the production of information under the Taxes Management Act 1970.
(b) It would be normal for HM Customs and Excise to use the provisions specified in the RIPA 2000 to access communications data in all cases whenever and wherever appropriate. However, in certain cases, normally arrest situations, they will use other primary legislation—PCEA, DTA and VAT Act—to access stored data such as voice mail but this would only be in a very small number of cases and in accordance with Section 1 (5)(c) of the RIPA Part 1, Chapter 1.