Finance Committee, 13 Jun 2000

Meeting date: Tuesday, June 13, 2000

Official Report 293KB pdf

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Regulation of Investigatory Powers (Scotland) Bill

I remind members that we have one further topic to deal with; I hope that we can deal with it swiftly. It is the consideration of a financial resolution for the Regulation of Investigatory Powers (Scotland) Bill. I refer members to page 17 of the explanatory notes. It does not appear that the bill will require huge spending powers. Paragraphs 112 and 113 show that the main costs will be associated with the oversight and complaints functions. The costs associated with the oversight function are reckoned to be about £30,000; the costs associated with the complaints tribunal will be about £100,000 in the UK, of which £33,000 will fall on the Scottish Administration. There will be minimal costs for local authorities. We have to decide whether a financial resolution is required for the bill.

I have a question, although I am not sure that anyone will be able to answer it. I admit that I have not examined this matter in depth, but I think that the legislation covers tapping of e-mail. Is that a devolved matter?

No. It is a reserved power—all that sort of spookery is the responsibility of Westminster.

So spookery is specifically mentioned in schedule 4 of the Scotland Act 1998.

If it is not, it should be. I will be suspicious if it is not.

At the risk of making myself unpopular by prolonging the meeting, I have a question. The financial memorandum mentions the complaints tribunal, but the bill says that Scottish ministers shall

"pay to the Commissioners such amounts as the Scottish Ministers consider appropriate;"

and

"provide the Commissioners with such staff as the Scottish Ministers consider necessary."

There does not appear to be any reference to that in the memorandum. Paragraph 107 says that

"expenditure will be for the Commissioners and the tribunal",

but it gives no amounts. The commissioners and the tribunal are two different things. I would be happy for someone to come back to us on that point.

This has to be dealt with today, as it goes to Parliament tomorrow.

Pages 12 and 13 of the explanatory notes refer to the functions of the chief surveillance commissioner. That seems to be separate from the tribunal, but we do not have figures for the commissioner.

Perhaps that question can be put to the minister in the debate. Meanwhile, I would be obliged if we could confirm that the Regulation of Investigatory Powers (Scotland) Bill requires a financial resolution. Is that agreed?

Members indicated agreement.

Thank you for your forbearance in the committee's longest meeting so far. We will resume in this room at 4.30, although I understand that not all members can attend.

Meeting adjourned until 16.37 and continued in private until 17.27.