Response of 6 June 2016 from Rt Hon John Hayes MP, Minister of
State for Security, to Keir Starmer QC MP
Dear Keir,
Thank you for your letter of earlier today regarding the review of the operational case for bulk
powers, which will be announced tomorrow during Report stage of the Investigatory Powers
Bill. I can confirm that the basic framework for the review will be as set out in your letter.
On your point about the composition of the review team, you are quite right that the team will
consist of a security cleared barrister who has significant experience working as a special
advocate against the Government in terrorism cases, a technical expert who supported
David on his investigatory powers review, and a former senior law enforcement officer with
significant operational experience and knowledge of the use of a wide range of investigatory
techniques. David Anderson has hand-picked his team and we are confident that together
they have the range and depth of knowledge needed to undertake a comprehensive review.
In relation to your second point, it is absolutely the case that this review will be addressing
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.
On your third point, the Terms of Reference for the review makes clear that the Government
and Security and Intelligence Agencies will provide David Anderson and his team with all
necessary information, access and assistance as is needed for the review to be undertaken
effectively. We are absolutely clear that there is nothing to be gained, and much to be lost,
by in any way restricting the review team’s access to sensitive and classified material where
this is necessary to inform the review process.
On the issue of timing, you are correct that the review will be concluded in time to inform
Parliament’s consideration of Parts 6 and 7 of the Bill at Lords Committee. We are confident
that David Anderson and his team will have the necessary time and resources to undertake
a detailed assessment of the necessity of these provisions.
Thank you for the opportunity to provide these binding assurances.
The Rt Hon John Hayes MP
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