Contents
- Attendance
- Decision on Taking Business in Private
- Subordinate Legislation
- Defamation
- Policing
- Justice Sub-Committee on Policing (Report Back)
Subordinate Legislation
Regulation of Investigatory Powers (Covert Human Intelligence Sources - Code of Practice) (Scotland) Order 2018 [Draft]
Regulation of Investigatory Powers (Equipment Interference – Code of Practice) (Scotland) Order 2018 [Draft]
Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2018 [Draft]
Agenda item 2 is consideration of three statutory instruments. I welcome the Cabinet Secretary for Justice, Michael Matheson, and his officials from the Scottish Government: Graeme Waugh from the defence, security and cyberresilience division, and Lauri Mitchell from the directorate for legal services. Lauri is particularly welcome as she is my niece. I can update members: she never writes or phones, but she does occasionally text. It is nice to see you, Lauri.
I refer members to paper 1, which is a note by the clerk. Do you wish to make a short opening statement, cabinet secretary?
Yes. Thank you, convener, and good morning.
Three affirmative orders that are being made under the Regulation of Investigatory Powers (Scotland) Act 2000 are before the committee today.
The purpose of the first two orders is to bring into force the revised codes for covert surveillance and property interference and covert human intelligence sources and to revoke the existing codes.
The third order seeks to bring into force the first code of practice for equipment interference. Equipment interference is the power to obtain a variety of electronic data from equipment, including computers and computer-like devices such as tablets. That activity could previously take place under the property interference provisions of the Police Act 1997. The United Kingdom Government decided to clarify provisions on equipment interference. The Investigatory Powers Act 2016 sets out a statutory framework for equipment interference for the purpose of obtaining data and prevents such authorisations from being made under the 1997 act. Those provisions required and were given the consent of the Scottish Parliament.
With regard to the revised codes, the main changes reflect the new oversight regime for all investigatory powers, which comes in the form of the Investigatory Powers Commissioner. The IPC is, in effect, an amalgamation of three former commissioners: the chief surveillance commissioner, the interception of communications commissioner and the intelligence services commissioner. Again, consent for those provisions was granted by the Scottish Parliament.
We received a small number of responses to our 12-week consultation. Where we have been able to do so, we have taken comments on board and made revisions to the codes. Those include the addition of a new paragraph in each code to remind public authorities of their data protection duties, and ensuring that the safeguard chapters in each code are consistent, while acknowledging that there are differences between regimes. What we are unable to do, which was requested in some of the responses, is to make provision in the codes that is inconsistent with the provisions that are set out in the parent acts.
Thank you. As members have no comments or questions for the cabinet secretary, we move on to agenda item 3, which is formal consideration of the motions on the affirmative instruments. The Delegated Powers and Law Reform Committee has considered and reported on the draft orders and made no comments. The motions will be moved, and there will then be an opportunity for a formal debate if that is necessary.
Motions moved,
That the Justice Committee recommends that the Regulation of Investigatory Powers (Covert Human Intelligence Sources - Code of Practice) (Scotland) Order 2018 [draft] be approved;
That the Justice Committee recommends that the Regulation of Investigatory Powers (Equipment Interference - Code of Practice) (Scotland) Order 2018 [draft] be approved;
That the Justice Committee recommends that the Regulation of Investigatory Powers (Covert Surveillance and Property Interference - Code of Practice) (Scotland) Order 2018 [draft] be approved.—[Michael Matheson]
Motions agreed to.
That concludes consideration of the affirmative instruments. The committee’s report will note and confirm the outcome of the debate. Is the committee content to delegate authority to me as convener to clear the final report?
Members indicated agreement.
It only remains for me to thank the cabinet secretary and his officials for attending. I now suspend the meeting to allow them to leave.
10:11 Meeting suspended.10:12 On resuming—
Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017 (SSI 2017/435)
Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017 (SSI 2017/461)
Agenda item 4 is consideration of two negative instruments, which are Scottish statutory instruments 2017/435 and 2017/461.
I refer members to paper 2, which is a note by the clerk. As members have no comments or questions, does the committee agree that it does not wish to make any recommendations in relation to the instruments?
Members indicated agreement.
Some volume would be good to make sure that there is somebody out there.
Next
Defamation