Counter-Terrorism and Security Bill

Debate between Baroness Manningham-Buller and Lord Bates

Wednesday 28th January 2015 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I have sat through the Committee debates without opening my mouth until this late stage, but if even now I can help to save the Government from expenditure on some quite unnecessary bureaucracy, it will have been worth while.

I am actually astonished that this Government, who have been so draconian in their cull of quangos and unnecessary bodies, should come forward at this late stage of the Parliament with a proposal of this sort. However, it is not just that I think that it is unnecessary. I agree with the noble Baroness and the noble Lord, Lord Carlile, that it is damaging. At Second Reading I said that I feared that this was the fifth wheel on a coach which at present operates very satisfactorily. Even if that were not so and it could be shown that the body has some utility, I must point out to noble Lords how unsatisfactory it is to include this clause in the Bill in its present state. It is an empty shell. It empowers the Secretary of State to do anything she likes by way of functions, appointments and procedure, including amending any primary legislation—a Henry VIII clause par excellence.

The contents of the statutory instrument, now non-existent, are to be determined as a result of consultation. It has been pointed out that that consultation is not due to end until 30 January. There is no prospect that we will have the Government’s conclusions on these important matters about the board before the Bill passes into law. The only firm provision in the Bill is that the independent reviewer should chair the board. The noble Baroness, Lady Hamwee, moved an amendment even to modify that and make it flexible. Moreover, I understand that the Government may have already changed their mind about it. That only serves to illustrate how completely undecided the Government are about this body.

I would submit to noble Lords and to the Government that it would be much better to remove the clause from the Bill at this stage and to do the further work which the noble Lord, Lord Carlile, has described, and which is extensive. If, after the election, the next Government wish to come forward with a board with its functions and its contribution very much better defined, and after consultation with the independent reviewer, that would be the time to make provision for a board of this sort.

[Lord Bates]

My Lords, this has been a good debate and I am grateful to noble Lords for their amendments. I, too, must not be tempted at this late hour to drift off the core message before me. I was tempted, when the noble Baroness, Lady Manningham-Buller, talked about camels and donkeys—

[Baroness Manningham-Buller]

I only talked about donkeys.

[Lord Bates]

Perhaps I was thinking of the aphorism that a camel is a horse designed by committee.

Terrorist Attack in Paris

Debate between Baroness Manningham-Buller and Lord Bates

Wednesday 14th January 2015 Lords Chamber

[Lord Bates]

I am grateful to my noble friend for raising that point, which perfectly illustrates the tensions. I disagree fundamentally with what has been said, both by Rupert Murdoch and by the UKIP member in the other example that she gave. Again, however, we defend the free press and its right to say that.

[Baroness Manningham-Buller (CB)]

My Lords, I can well understand that Members on the Lib Dem Benches wish to wait, as many of us would like to in an ideal world, for the outcome of David Anderson’s review of terrorism legislation, and they welcome the ISC on the subject of data and the work of the independent group at RUSI. However, does the Minister accept that in waiting for those recommendations and in taking a slow and considered look at legislation in this difficult area, we heighten the risk to our citizens?

[Lord Bates]

The noble Baroness, who of course has immense experience in this area, will recall that the Home Secretary said that,

“every day that passes without the proposals in the draft Communications Data Bill, the capabilities of the people who keep us safe diminish; and as those capabilities diminish, more people find themselves in danger and—yes—crimes will go unpunished and innocent lives will be put at risk”.

That is a very sober message for all Members of this House to reflect upon.