Investigatory Powers Commissioner: 2021 Annual Report

I have today laid before the House of Commons a copy of the annual report of the Investigatory Powers Commissioner, Rt Hon Sir Brian Leveson. The report covers the activities of the Investigatory Powers Commissioner’s Office (IPCO), the Office for Communications Data Authorisations (OCDA) and the Technology Advisory Panel (TAP) for 2021. I will also be sending a copy of this report to Scottish Ministers as required under section 234(8) of the Investigatory Powers Act 2016 (IPA).

This report demonstrates the Government’s ongoing commitment to ensuring a high level of compliance with the regulations governing the use of investigatory powers. Sir Brian Leveson oversees the use of investigatory powers by over 600 public authorities, including the intelligence and security services and law enforcement agencies. He notes that he is continually impressed with the dedication and professionalism of the officials working within those bodies and that regulatory compliance continues to be treated as a high priority.

The annual report contains a reference to an error identified in the Home Office’s arrangements for warrants authorised out of hours. IPCO were notified of this error immediately upon its discovery in November 2021 and the Home Office immediately put in place arrangements, which the Investigatory Powers Commissioner was content with, to rectify the problem.

As required under section 234(6)(b) of the IPA, I wish to notify the House that there is material considered too sensitive for the open report on which I have been briefed separately. I am satisfied that, following consultation with relevant Government Departments and agencies, the contents of this report are not prejudicial to national security or ongoing investigations.

I would like to place on record my thanks to the current and previous Commissioners and their staff for their work. In particular, I am pleased that Sir Brian Leveson agreed to another three-year term from 21 October 2022. I also note the appointment of Dame Muffy Calder as the new Chair of IPCO’s Technology Advisory Panel and welcome the expertise she and her colleagues will provide on emerging technology.

Maintaining public trust and confidence in the exercise of the investigatory powers vital for national security and public safety is a top priority for the Government. This report demonstrates the high quality of the oversight of our intelligence and security agencies’ use of the most intrusive powers. I am satisfied that our oversight arrangements are amongst the strongest and most effective in the world.

I commend this report to the House.

[HCWS646]