division_name: Investigatory Powers Bill &#8212; Bulk interception warrants
motion: <p class="indent" pid="a1049.4/7" pwmotiontext="yes">&#8220;subject a person&#8217;s decision to issue a warrant under this Chapter to close scrutiny to ensure that the objective in issuing a warrant is sufficiently important to justify any limitation of a Convention right&#8221;.</p>
  
  <p class="indent" pid="a1049.4/15" pwmotiontext="yes">&#8220;are specified in the list mentioned in subsection (4).</p>
  
  <p class="indent" pid="a1049.4/29" pwmotiontext="yes">&#8220;before it would otherwise cease to have effect&#8221;</p>
  
  <p class="indent" pid="a1049.4/48" pwmotiontext="yes">&#8220;review the Secretary of State&#8217;s conclusions as to the following matters&#8221;</p>
  
  <p class="indent" pid="a1049.4/73" pwmotiontext="yes">&#8220;review the Secretary of State&#8217;s conclusions as to the following matters&#8221;</p>
  
  <p class="indent" pid="a1049.4/77" pwmotiontext="yes">&#8220;subject a person&#8217;s decision to issue a warrant under this Chapter to close scrutiny to ensure that the objective in issuing a warrant is sufficiently important to justify any limitation of a Convention right&#8221;.</p>
  
  <p class="indent" pid="a1049.4/128" pwmotiontext="yes">&#8220;review the Secretary of State&#8217;s conclusions as to the following matters&#8221;</p>
  
  <p class="indent" pid="a1049.4/132" pwmotiontext="yes">&#8220;subject a person&#8217;s decision to issue a warrant under this Chapter to close scrutiny to ensure that the objective in issuing a warrant is sufficiently important to justify any limitation of a Convention right&#8221;.</p>
  
  <p class="indent" pid="a1055.0/5" pwmotiontext="yes">&#8220;Our review suggests that the information contributed to terrorist investigations by the use of section 215&#8230;was not essential to preventing attacks and could readily have been obtained in a timely manner using conventional section 215 orders.&#8221;</p>
  
  <p class="indent" pid="a1055.0/7" pwmotiontext="yes">&#8220;not identified a single instance involving a threat to the United States in which the program&#8221;&#8212;</p>
  
  <p class="indent" pid="a1055.0/9" pwmotiontext="yes">&#8220;made a concrete difference in the outcome of a counterterrorism investigation.&#8221;</p>
  
  <p class="indent" pid="a1055.0/11" pwmotiontext="yes">&#8220;aware of no instance in which the program directly contributed to the discovery of a previously unknown terrorist plot or the disruption of a terrorist attack.&#8221;</p>
  
  <p class="indent" pid="a1057.5/4" pwmotiontext="yes">&#8220;bulk equipment interference is not targeted against particular person(s), organisation(s) or location(s) or against equipment that is being used for particular activities&#8221;.</p>
  
  <p class="indent" pid="a1060.0/2" pwmotiontext="yes">&#8220;crossing the line with their database use&#8230;looking up addresses in order to send birthday cards, checking passport details to organise personal travel, checking details of family members for personal convenience&#8230;check the personal details of colleagues when filling out service forms on their behalf&#8221;?</p>
  
  <p class="indent" pid="a1061.1/3" pwmotiontext="yes">&#8220;The operational purposes specified in the warrant must be ones specified, in a list maintained by the heads of the intelligence services, as purposes which they consider are operational purposes for which intercepted content or secondary data obtained under bulk interception warrants may be selected for examination.&#8221;</p>
  
  <p class="indent" pid="a1061.1/5" pwmotiontext="yes">&#8220;operational purpose may be specified in the list&#8230;only with the approval of the Secretary of State.&#8221;</p>
  
  <p class="indent" pid="a1062.1/3" pwmotiontext="yes">&#8220;The Secretary of State may give such approval only if satisfied that the operational purpose is specified in a greater level of detail than the descriptions contained in section 121&#8221;.</p>
  
  <p class="indent" pid="a1062.3/2" pwmotiontext="yes">&#8220;The list of operational purposes&#8230;must be reviewed at least annually by the Prime Minister.&#8221;</p>
  
  <p class="indent" pid="a1062.3/4" pwmotiontext="yes">&#8220;The Investigatory Powers Commissioner and Intelligence and Security Committee&#8221;&#8212;</p>
  
  <p class="indent" pid="a1062.3/6" pwmotiontext="yes">&#8220;will be kept informed of any changes to the list of Operational Purposes in a timely manner.&#8221;</p>
  
  <p class="indent" pid="a1063.1/3" pwmotiontext="yes">&#8220;Investigatory Powers Commissioner must include in his Annual Report a summary of those Operational Purposes&#8221;.</p>
  
  <p class="indent" pid="a1067.3/6" pwmotiontext="yes">&#8220;supported by a security cleared barrister, a technical expert and a person with experience of covert investigations&#8221;,</p>
  
  <p class="indent" pid="a1067.3/8" pwmotiontext="yes">&#8220;Examine the operational case for the bulk powers in the Bill, not merely in respect of the utility of the powers, but also their necessity&#8221;,</p>
  
  <p class="indent" pid="a1067.3/10" pwmotiontext="yes">&#8220;Have access to all necessary information as is needed to undertake the review effectively, including all information provided to the Intelligence and Security Committee&#8221;,</p>
  
  <p class="indent" pid="a1067.3/12" pwmotiontext="yes">&#8220;Take about three months to complete and&#8230;report to the Prime Minister in time for the findings to inform Lords Committee considerations of Parts 6 and 7 of the Bill.&#8221;</p>
  
  <p class="indent" pid="a1067.3/14" pwmotiontext="yes">&#8220;I can confirm that the basic framework for the review will be as set out in your letter&#8230;David Anderson has hand-picked this team and we are confident that together they have the range and depth of knowledge needed to undertake a comprehensive review.&#8221;</p>
  
  <p class="indent" pid="a1067.3/17" pwmotiontext="yes">&#8220;In relation to your second point&#8221;&#8212;</p>
  
  <p class="indent" pid="a1067.3/19" pwmotiontext="yes">&#8220;it is absolutely the case that this review will be assessing the specific question of whether the bulk capabilities provided for in the Bill are necessary. The review team will critically appraise the need for bulk capabilities, which will include an assessment of whether the same result could have been achieved through alternative investigative methods.&#8221;</p>
  
  <p class="indent" pid="a1069.4/3" pwmotiontext="yes">&#8220;all necessary information, access and assistance as is needed for the review&#8221;</p>
  
  <p class="indent" pid="a1069.4/5" pwmotiontext="yes">&#8220;We are absolutely clear that there is nothing to be gained, and much to be lost, by in any way restricting the review team&#8217;s access to sensitive and classified material where this is necessary to inform the review process.&#8221;</p>
  
  <p class="indent" pid="a1069.4/7" pwmotiontext="yes">&#8220;you are correct that the review will be concluded in time to inform Parliament&#8217;s consideration of Parts 6 and 7 of the Bill at the Lords Committee.&#8221;</p>
  
  <p class="indent" pid="a1072.2/2" pwmotiontext="yes">&#8220;Power without responsibility&#8212;the prerogative of the harlot throughout the ages.'&#8221;</p>
  
  <p class="indent" pid="a1077.1/3" pwmotiontext="yes">&#8220;Any time scientists disagree, it's because we have insufficient data. Then we can agree on what kind of data to get; we get the data; and the data solves the problem. Either I&#8217;m right, or you&#8217;re right, or we&#8217;re both wrong. And we move on. That kind of conflict resolution does not exist in politics or religion.&#8221;</p>
  
  <p class="indent" pid="a1078.1/5" pwmotiontext="yes">&#8220;The present Committee and its predecessor are satisfied that the Government are justified in coming to Parliament to seek in broad terms the powers that the Bill contains. None of the categories of powers in the Bill&#8212;including the principle of having powers of bulk collection of data, which has given rise to controversy in recent years&#8212;is unnecessary or disproportionate to what we need to protect ourselves.&#8221;&#8212;[Official Report, <phrase class="date" code="2016-03-15">15 March</phrase> 2016; Vol. 607, c. 836.]</p>
  
  <p class="indent" pid="a1085.3/4" pwmotiontext="yes">&#8220;We are aware that the bulk powers are not a substitute for targeted intelligence, but believe that they are an additional resource. Furthermore, we believe that the security and intelligence agencies would not seek these powers if they did not believe they would be effective and that the fact that they have been operating for some time would give them the confidence to assess their merits.&#8221;</p>
  
  <p class="indent" pid="a1085.3/6" pwmotiontext="yes">&#8220;we are content that the safeguards proposed by the Home Office, buttressed by authorisation by Judicial Commissioners and oversight from the Investigatory Powers Commissioner will be sufficient to ensure that the bulk powers are used proportionately.&#8221;</p>
  
  <p class="indent" pid="a1090.0/2" pwmotiontext="yes">&#8220;A woman&#8217;s guess is much more accurate than a man&#8217;s certainty.&#8221;</p>
  
  <p class="indent" pid="a1090.0/4" pwmotiontext="yes">&#8220;words are&#8230;the most powerful drug used by mankind.&#8221;</p>
  
  <p class="indent" pid="a1090.0/9" pwmotiontext="yes">&#8220;disrupted two&#8230;plots by lone actors in the past nine months&#8221;.</p>
  
  <p class="indent" pid="a1090.0/11" pwmotiontext="yes">&#8220;identifying such individuals is increasingly challenging, exacerbated by the current limitations in their technical capabilities&#8221;.</p>
  
  <p class="indent" pid="a1090.0/13" pwmotiontext="yes">&#8220;Given that a majority of those communications run by these networks are moving online, there is a security gap there.&#8221;</p>
  
  <p class="indent" pid="a1090.0/15" pwmotiontext="yes">&#8220;one of the most pressing problems that police face across Europe.&#8221;</p>
  
  <p class="indent" pid="a1090.0/17" pwmotiontext="yes">&#8220;played a significant part in every major counter terrorism investigation of the last decade, including in each of the seven terrorist attack plots disrupted since&#8230;2014&#8221;.</p>
  
  <p class="indent" pid="a1091.0/4" pwmotiontext="yes">&#8220;I entirely accept the point that it would be completely unacceptable to have a robust system for issuing warrants and a less robust system for modifying them. Warranting has to be consistent throughout, and there can be no back-door way of weakening the process. That is not what the Government intend and not what we would allow.&#8221;&#8212;[Official Report, <phrase class="date" code="2016-06-06">6 June</phrase> 2016; Vol. 611, c. 982.]</p>
  
  <p class="indent" pid="a1097.3/2" pwmotiontext="yes">&#8220;It is difficult, of course, to read across from section 215 in the US to what we have here, which is rather different&#8230;I cannot speak for the US&#8230;different power, different circumstances&#8221;.&#8211;&#8211;[Official Report, Investigatory Powers Public Bill Committee, <phrase class="date" code="2016-03-24">24 March</phrase> 2016; c. 8, Q7.]</p>
  
  <p class="indent" pid="a1097.4/3" pwmotiontext="yes">&#8220;Life cannot subsist in society but by reciprocal concessions.&#8221;</p>
  
  <p class="indent" pid="a1098.1/8" pwmotiontext="yes">&#8220;The only real voyage of discovery consists not in seeking new landscapes, but in having new eyes&#8221;.</p>
  
  <p class="italic" pid="a1100.1/4" pwmotiontext="yes">The House divided:</p>
  
  <p pid="a1100.1/5" pwmotiontext="yes">Ayes 66, Noes 285.</p>