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Regulation of Investigatory Powers

Volume 703: debated on Tuesday 22 July 2008

asked Her Majesty’s Government:

Whether, in the light of reports of the use made by local authorities of powers under the Regulation of Investigatory Powers Act 2000, they will review the legislation and consider whether its use for purposes other than national security should be subject to judicial consent and review. [HL4429]

The Regulation of Investigatory Powers Act 2000 requires that the use of a number of different covert investigatory techniques by public authorities is authorised only when it is necessary and proportionate with regard to human rights.

The Act established an oversight regime, which includes independent inspection and scrutiny of public authority use of the powers by specially appointed commissioners, each of whom have held high judicial office.

The commissioners report annually to the Prime Minister on the results of their inspections and their reports are published. The Act also established a tribunal, drawn from the judiciary and legal profession, to investigate complaints. The Government are satisfied with the independent review mechanisms in place for the use of covert investigatory powers by public authorities.