HC Deb 18 November 2003 vol 413 cc745-6W
Brian White

To ask the Secretary of State for Trade and Industry what statutory investigatory powers the Department has; which ones will be superseded by use of the Regulation of Investigatory Powers Act 2000; and what plans she has for removing these legacy powers. [136122]

Jacqui Smith

The Department has wide investigatory powers, principally under the following legislation:

Part 14 of the Companies Act 1985 (used to investigate the affairs of companies and related matters);

Part 11 of the Financial Services and Markets Act 2000 (used to investigate financial services matters such as insider dealing);

the Wireless Telegraphy Act 1949 (used to enforce against the criminal offences of unlicensed use of radio, deliberate interference, hoax calls and the sale, advertising or possession of certain restricted radio apparatus);

the Police and Criminal Evidence Act 1984 (used in criminal investigations conducted by the Department to gain access to special procedure' material under a court order).

However, these powers will henceforth be subject to the approved RIPA regime.

The Department is a relevant public authority for the purposes of Part 2 (surveillance and covert human intelligence sources) of the Regulation of Investigatory Powers Act 2000 (RIPA) and is intended also to become a designated public authority for the purposes of Chapter 2 of Part 1 (acquisition and disclosure of communications data). RIPA does not amend or replace any of the Department's statutory investigatory powers. However, the Department's existing powers to compel production of information will not be used to compel disclosure of communications data by service providers when (subject to Parliament's approval) Chapter 2 of Part 1 of RIPA is fully in force.

The Department's Radiocommunications Agency ['RA'], has investigatory powers under the Wireless Telegraphy Act 1949 and related legislation. However, responsibility for management of civil radio spectrum use will pass to OFCOM on 29th December 2003 under the Communications Act 2003. The position with regard to the exercise of RA's powers is currently the same as the Department's.