Recommendation 9

We are content that the addition of the urgent procedure for prior authorisation of selectors is compatible with Article 10 ECHR in light of its attendant safeguards. We accept that it may be necessary in some circumstances for decisions to be made urgently outside working hours. We consider other ways could have been found to accomplish this, but given that the Government has decided to proceed in this manner and included the safeguards set out, above, we accept that the procedure Draft Investigatory Powers Act 2016 (Remedial) Order 2023: Second Report 27 is likely to be considered compatible with Article 10. However, the Government should take steps to ensure that the circumstances in which it is necessary to use the procedure are kept to a minimum.