§ Mr. SawfordTo ask the Secretary of State for the Home Department what plans he has (i) to issue a code of practice as required in accordance with section 101 of Part III of the Police Act 1997 and (ii) to make an order under section 96 of the Police Act 1997 specifying the requirements for notifying a commissioner of authorisations, renewals and cancellations of authorisations. [60673]
§ Mr. StrawPart III of the Police Act 1997 provides for a statutorily based system of authorisation for intrusive surveillance operations carried out by the police, the National Criminal Intelligence Service, the National Crime Squad and Her Majesty's Customs and Excise. As required by section 101 of the Act, before the provisions can be implemented, Parliament must approve an order bringing into force a code of practice for those carrying out functions under the Act. A public consultation exercise on the draft code of practice was carried out last year. Copies of the draft code were sent to over 500 individuals and organisations and 120 additional copies were provided in response to subsequent requests. By the end of the consultation period, 60 responses had been received. I have considered these representations very carefully, seeking to achieve a balance between the operational needs of law enforcement agencies in tackling serious crime and, at the same time, ensuring that adequate safeguards are in place to protect members of the public from unnecessary invasion of their privacy. As a result, I have made a number of changes to the text of the code. In particular
there is specific reference to the confidential and sensitive nature of information relating to healthcare, counselling and legally privileged material;emphasis is given to the importance of considering the effects of collateral intrusion on those who are not the targets of the authorisation;further guidance is provided on when the urgency provisions should be used;614Wthere is reference to the procedures for ensuring effective control on the handling, storage, processing and destruction of the surveillance product, especially sensitive and confidential material;the code now includes an undertaking given by the law enforcement agencies covered by these provisions in relation to spiritual counselling; andthe requirements for notifications of authorisations, renewals and cancellations have been further refined.With the appointment of the Chief Surveillance Commissioner and Commissioners, we are now in a position to implement the provisions of Part III of the Act. I have, therefore, today laid before Parliament a revised draft code of practice. I intend to bring this document into effect, together with the notification requirements required under section 96 of the Police Act 1997, as soon as practicable. I will seek approval of these Orders by resolution of both Houses of Parliament shortly.