Oral Answers to Questions

Baroness Clark of Kilwinning Excerpts

Monday 15th October 2012 Commons Chamber

[Damian Green]

I am not going to predict the turnout, but I can tell my hon. Friend that the existing police authorities that the PCCs will replace have no democratic mandate at all, because not a single vote has ever been cast for a member of a police authority. The new arrangements are a significant step forward.

[Katy Clark (North Ayrshire and Arran) (Lab)]

10. Whether she has received legal advice on whether the proposals contained in the draft Communications Data Bill are compatible with the UK’s human rights obligations.

[The Secretary of State for the Home Department (Mrs Theresa May)]

The draft Communications Data Bill, which is currently undergoing pre-legislative scrutiny, is designed specifically to ensure that communications data are obtained in compliance with article 8 of the European convention on human rights. The ECHR memorandum that accompanies the Bill was approved by Ministers prior to its publication. This legislation will help to ensure that the internet does not become a safe haven for criminals and that the police and others can continue to protect the public.

[Katy Clark]

The Secretary of State will be aware that there is real public concern that this legislation will enable the authorities to view a person’s entire web history. Will she outline what safeguards are being considered to ensure that the right to privacy is respected?

[Mrs May]

That is not the case. I recognise that a number of concerns have been raised, often on the basis of a lack of information about what is actually going to happen under the Communications Data Bill. We want to take what is currently available to the police and other law enforcement agencies in terms of telephony—that is, who made a call, when and at what time—and put that into the new environment where criminals, paedophiles and terrorists are using the internet, in a variety of forms, to communicate. This is an important Bill because it means that we can continue to catch criminals and protect the public.