Legislation to force the release of software encryption keys could be activated soon, according to new Home Secretary Jacqui Smith.

The Regulation of Investigatory Powers Act (RIPA) provides police and security services with the power to require the production of keys, with a maximum prison sentence of up to five years. The power was included in the legislation five years ago but has not yet been activated.

In response to a question in the Commons from Conservative MP Sir Paul Beresford, Smith said a review is underway and a decision will be made soon.

‘I understand that we are looking at that specific matter to bring it forward,’ she said.

Beresford said that paedophiles often encrypt material so the police cannot gain access to it.

‘The police have been waiting about five years for the statutory instrument relating to encryption and the RIPA act. When will they get it?’ he said.