Owen Thompson – 2015 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Owen Thompson on 2015-11-10.

To ask the Secretary of State for the Home Department, in what circumstances a judge could refuse to approve an interception warrant under clause 19(2) of the draft Investigatory Powers Bill.

Mr John Hayes

A Judicial Commissioner may refuse to approve any warrant that they believe does not meet the test set out by Judicial Review principles. Judicial Review principles are well established, tested and have been applied by the courts for a long time. The Judicial Commissioner will consider whether the Secretary of State’s decision was reasonable, lawful, made fairly, and whether it complies with the European Convention on Human Rights. The Judicial Commissioner’s consideration will include a review of the Secretary of State’s conclusions on necessity and proportionality. The Judicial Commissioner will have final say on whether a warrant can be issued.