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STATEMENT TO BE MADE BY THE PRESIDENT OF THE HOME AFFAIRS COMMITTEE IN THE STATES ON TUESDAY 6th JULY 2004
Following a period of consultation with both the public and private sector towards the end of 2003, the Home Affairs Committee decided at its meeting on 19th February 2004, to de-couple part 4 of the draft Law. This part of the draft Law dealt with the investigation of electronic data protected by encryption and it was clear from the consultation process that the Committee should not proceed with this part of the Law until such time as the implications of bringing such a provision into force had been properly assessed. This has enabled Parts 1-3 of the Law to be progressed separately. The Committee also noted that Part 4 of the United Kingdom legislation pertaining to electronic data protected by encryption had yet to be enacted and there was little evidence to suggest that this would occur in the near future.
The Committee received a revised draft of the Law at its meeting on 28th May 2004 and has re-circulated this to several States Committees and other interested parties for comment prior to lodging. The Committee had hoped to withdraw the previous draft Law and lodge the new one on the same day, but that could not be achieved in the time available. I would therefore request that the draft Regulation of Investigatory Powers (Jersey) Law 200- be formally withdrawn today with a view to the replacement draft being lodged for debate in September 2004.