Communications Data and Interception

Baroness Smith of Basildon Excerpts

Thursday 10th July 2014 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the Minister for early notification of the Statement, and for providing a copy of it beforehand. Before I refer to the content of the Bill, I flag up our disappointment regarding the timetabling. We understand and appreciate the necessity of this legislation and the time imperative that now exists, as the noble Lord explained. But why is it being brought forward now as fast-track legislation? As he said in the Statement, the decision of the ECJ was taken in April. We accept that it takes some time to digest and analyse the implications of such decisions and to prepare legislation, but it would have been preferable to bring this legislation forward earlier.

Over the past weeks we have been discussing the Serious Crime Bill, and the noble Lord is aware that we support measures in the Bill but have tabled amendments that would strengthen and improve it where we feel that the provisions are okay but too weak. So why were these measures announced today not brought forward alongside that Bill, given that the fast-track Bill he has announced strikes right at the heart of serious and organised crime and counterterrorism?

The data of which this Bill will ensure temporary retention are used in 95% of serious and organised crime investigations, counterterrorism investigations and online child abuse investigations, so we do not doubt the necessity of their use. In considering our response to this fast-track legislation, we have focused on the principle that such crime and counterterrorism investigations must not be compromised. We have a duty to maintain the security of our citizens. We also recognise that this Bill does not go further than existing legislation, as the noble Lord outlined, but maintains existing capabilities.

We also have to ensure that individual privacy is protected. We therefore considered it crucial that there should be safeguards, including a sunset clause and a major review of the legal framework that governs surveillance. Will the Minister confirm that what we are talking about here does not in any way include the content of communications, merely that such communications have taken place?

When our Constitution Committee reported on constitutional implications and safeguards for fast-track legislation, it set out certain safeguards that Ministers must address in Statements to your Lordships’ House. First, Ministers must explain why fast track is necessary. I take that to mean not just the immediate necessity but, as I have already asked, why this was not brought forward earlier. It is also very clear that there should be a presumption of a sunset clause; that is, in effect, that any fast-track legislation should be temporary with an expiry date. We welcome the sunset clause in this Bill. It is essential that a date is set down in statute when the legislation will expire, and it must be reviewed during that period.

The Constitution Committee recommended this for any fast-track legislation. Another issue it raises is that parliamentary committees should be given the opportunity to scrutinise the legislation. Are arrangements being made to ensure that the relevant committees—and specifically the Constitution Committee—will have the opportunity to do so within the timetable, and will discussions take place regarding this?

Another matter the Constitution Committee raised was post-legislative review. I ask that the Government consider using the Interception Commissioner to review this on a six-monthly basis and report back to Ministers and your Lordships’ House.

Noble Lords will be aware that we have called for a review of RIPA, the Regulation of Investigatory Powers Act 2000. The shadow Home Secretary, Yvette Cooper, called for this back in the speech she made in March. As a noble Lord commented in our discussions this week on new legislation to tackle cybercrime, technology moves very quickly and criminals move very quickly. Our legislation has to keep pace with that. RIPA is now 14 years old and needs to be brought up to date. We also need that review to ensure that it is used appropriately. Will the Minister confirm that the reference in the Statement to reviewing,

“the interception and data powers we need”,

does in fact refer to RIPA and that a review will take place? Can he tell us if any decision has been made on who would undertake such a review and what resources and expertise will be made available for that?

Alongside a review of RIPA, we have also asked for an overhaul of the system of independent oversight commissioners, as outlined in the shadow Home Secretary’s speech in March. I ask the Minister to ensure that these reforms are considered as part of the review. Also, it would be helpful to have a wider public debate on this whole range of issues.

We believe that this legislation is urgent, but it is equally important that we have further scrutiny of the whole framework. I hope noble Lords will agree that longer-term reforms are needed.