On 20th November 2023, the Bishop of St Albans spoke in a debate on the Investigatory Powers (Amendment) Bill [HL] at the bill’s second reading, raising concerns regarding the expanded powers the bill would give to the intelligence services to access personal data, and the ethical considerations of developing technology:
The Lord Bishop of St Albans: My Lords, I too thank the noble Lord, Lord Anderson of Ipswich, for his very helpful and excellent work in his area. With the rapid acceleration of technology and technological capacity, I recognise the need for this Bill to be updated. In this context, I welcome the Government’s sense of urgency in addressing the changing landscape in this area, and seeking to close those gaps that potentially endanger both the security and the safety of our nation. My right reverend friend the Bishop of Leeds had hoped to be here today, as he has taken a particular interest in this area, but he is detained elsewhere. We would both like to express two concerns that we believe must be addressed as this Bill is debated in your Lordships’ House.
First, the proposed amendments give the intelligence services vastly expanded powers not only to investigate individuals but to harvest and exploit vast amounts of personal data—not just of crime or terror suspects but of anyone. The collection of bulk datasets of personal details, including facial images and social media activity, is far reaching and potentially indiscriminate, so we must rightly be concerned about how effective any safeguards might be in controlling the power that such access gives to our intelligence services. The risks, particularly under a regime less ethically aware than those we are used to in this country thus far, are substantial. The weakening of safeguards risks endorsing the need for updating surveillance capacity, at the same time as threatening basic human freedoms.
Secondly, it has become clearer by the day that we are developing technical capacity well ahead of the ethical consideration of risk. Ethical thinking might well be deemed inconvenient by those who wish to forge ahead with greater advances and greater security provision. However, to fail to address ethical considerations now will simply leave us, at best, running fast to catch up later once the train has left the station and is already at full speed away in the far distance—and, at worst, having compromised personal and societal freedoms and having changed the nature of a free society.
The current proposals are likely to lead to a broad and vague definition of “public safety” in which the security and powers of the state in one area reduce essential personal freedoms. To that extent, I believe the helpful comments made by Big Brother Watch should be taken seriously and answered comprehensively if we are to be fully aware of the trade-off between two goods: public safety and personal privacy.
No one would wish to stand in the way of His Majesty’s Government’s intention to tackle terrorism, state threats, serious organised crime such as child sexual exploitation, illegal migration and fraud. These need to be faced head-on. The question is whether the proposed extensions contain sufficient safeguards to ensure that the mass of law-abiding citizens in a free society are not caught up in a form of mass surveillance in which they cannot trust that justice and privacy will be upheld.
When the Bill was first passed in 2016, the then Home Secretary said
“it is … right that these powers are subject to strict safeguards and rigorous oversight”.
It is essential that the Bill meets those conditions, but I worry that it does not do so in all places in its current form. We look forward to interrogating the Bill as we take it through its later stages.
Extracts from the speeches that followed:
Lord Murphy of Torfaen (Lab): That was an interesting speech by the right reverend Prelate the Bishop of St Albans, because he put his finger on the dilemma of any legislation like this: the balance between liberty as a subject on the one hand and the security of our citizens on the other. That has become increasingly complicated as the years have gone by.
As the noble Lord, Lord Anderson of Ipswich, has mentioned, I was asked by the then Home Secretary, Theresa May, to chair a Joint Committee of both Houses of Parliament to deal with the original Investigatory Powers Bill exactly eight years ago this week. She asked me because I had been chair of the Intelligence and Security Committee. We met for about three months and made 86 recommendations, nearly all of which were accepted by the Government. Those recommendations were nearly all about the balance between liberty and security, which the right reverend Prelate referred to. The committee had 57 witnesses, including the noble Lord, Lord Anderson, and 148 written submissions. The process that took place all those years ago was vital for this sort of Bill. For various reasons we have not had that, and perhaps we will come to that in Committee.
Lord Evans of Weardale (CB): I respectfully disagree with the right reverend Prelate the Bishop of St Albans: I do not believe the Bill vastly expands the powers of the intelligence agencies. In some areas, it introduces more controls, but it is also very careful to balance any powers with independent oversight. The noble Lord, Lord Strasburger, helpfully drew our attention to the effectiveness of independent oversight where problems have arisen, and he demonstrated that the agencies are drawing attention to areas of failure and that the oversight mechanisms are making the appropriate decisions as to what needs to be done about it. I reassure the right reverend Prelate the Bishop of St Albans that, certainly in my experience, the agencies are extremely conscious of the ethical dimension of their work. In terms of both their external relationship with oversight bodies and their internal discussions, ethical factors are strongly considered and taken seriously.
Lord Sharpe of Epsom (Con, Home Office): The support was more qualified from the right reverend Prelate the Bishop of St Albans, but I hope to assuage his concerns in my remarks and will certainly endeavour to deal with some of the concerns of the noble Lord, Lord Strasburger, who asked whether we were trying to avoid detailed scrutiny. The answer is: absolutely not. The Bill was ready, having followed the detailed and expert scrutiny of the noble Lord, Lord Anderson—as noted by the noble Lord, Lord Carlile—and, of course, we could not pre-empt what might be in the King’s Speech. In the case of this Bill, parliamentary time currently allows. We have engaged extremely extensively and, frankly, the country needs it. That is a very compelling set of circumstances behind introducing the Bill now.
(…)
I need to go into the subject of safeguards in more detail in light of the speeches given by the noble Lord, Lord Strasburger, the noble Baroness, Lady Bennett, and the right reverend Prelate the Bishop of St Albans. I assure noble Lords that the measures contained in the Bill, and in the IPA, are underpinned by a robust and world-leading safeguards regime. They are not failing.
Numerous safeguards exist to prevent the misuse of investigatory powers, ensuring that they are used in accordance with the law and in the public interest. The Bill contains measures that will introduce new safeguards and improve the resilience of the Investigatory Powers Commissioner. We are improving oversight and increasing safeguards to ensure that powers in the IPA are not misused.
The Church of England in Parliament 
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