HC Deb 04 November 1999 vol 337 cc302-3W
Mr. Bercow

To ask the Secretary of State for the Home Department if he will make a statement on his Government's policy on articles 15 to 20 of the Convention for Mutual Assistance in Criminal Matters, pertaining to the interception of telecommunications, with special reference to (i) assessed costs, (ii) burden of costs, (iii) monitoring of interceptions and (iv) requirement for warrant. [96582]

Mr. Charles Clarke

The Government provided information on the requirement for a warrant and the burden of costs under the draft European Union Convention on Mutual Assistance in Criminal Matters in the reply given to the hon. Member for Buckingham (Mr. Bercow) on 26 May 1999,Official Report, columns 148–49, by the then Parliamentary Under-Secretary of State, my hon. Friend the Member for Vauxhall (Kate Hoey). We do not anticipate significant extra costs arising out of these provisions. The cost of transmitting the intercept product in response to requests falls to the requesting Member State.

The interception provisions in the draft Convention remain under Parliamentary scrutiny.

Mr. Bercow

To ask the Secretary of State for the Home Department if he will make a statement on the Government's policy on Article 14 of the Convention for Mutual Assistance in Criminal Matters, with special reference to (i) legal immunity for the foreign investigator, (ii) powers to be granted, (iii) monitoring of such activity by the Home Department and (iv) loan of resources from national agencies. [96583]

Mr. Charles Clarke

Article 14 of the draft Convention on Mutual Assistance in Criminal Matters allows member states, on request, to agree to assist one another by taking part in covert investigations. Any decisions on immunity or powers for foreign investigators will be the responsibility of the authorities in the United Kingdom when the initial decision is taken to agree to a covert investigation. Any decisions will be made with due regard for the existing law and procedures in the United Kingdom. There are no plans for foreign investigators in the United Kingdom to be granted either immunity or police powers.

Oversight of covert investigations and the loan of resources from national agencies are operational matters for the police and other investigating agencies themselves.