Investigatory Powers Bill

Baroness Laing of Elderslie Excerpts

Tuesday 1st November 2016 Commons Chamber

[Joanna Cherry]

I hesitate to give the hon. Gentleman a lecture on constitutional procedure, but I can give him full comfort on the points he has raised if he cares to consult the devolution guidance note 10. It states:

“During the passage of legislation, departments should approach the Scottish Executive about Government amendments changing or introducing provisions…or any other such amendments which the Government is minded to accept… No consultation is required for other amendments tabled. Ministers resisting non-Government amendments should not rest solely on the argument that they lack the consent of the Scottish Parliament unless there is advice to that effect from the Scottish Executive.”

The note goes on to explain what happens in such a situation:

“The Scottish Executive can be expected to deal swiftly with issues which arise during the passage of a Bill”.

With great humility, I want to say that on this occasion the hon. Gentleman is mistaken.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. and learned Lady will very shortly have an opportunity to make her speech in full. I must urge hon. Members to make short interventions as we have only 55 minutes left for this debate.

--- Later in debate ---

[Chris Bryant]

Will the hon. Gentleman give way?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Member for North Dorset (Simon Hoare) cannot give way and the hon. Member for Rhondda (Chris Bryant) does not have to tell him to give way. I recognise the sarcasm. What he meant was that the intervention was too long. The hon. Member for North Dorset will have the opportunity to make a really long speech if he would like to, but please we must have short interventions.

[Simon Hoare]

I am grateful, Madam Deputy Speaker.

--- Later in debate ---

I want a robust, naughty, scabrous and vibrant press. I even expect it to break the law on occasion when it is chasing down corruption and wrongdoing—as long as it really is in the interests of the public. I also want ordinary members of the public to get a real right of redress, provided impartially, independently and at minimal cost to them. The only incentive we have to persuade IPSO to become a better and more independent body that actually provides that right of redress is section 40 of the Crime and Courts Act 2013. The Government have shown themselves repeatedly determined not to commence it, so of course the House of Lords is tweaking the Government’s nose and saying, “Come on, get on with it”. Conservatives promised it—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I am sure that in addition to the things that the hon. Gentleman says that he wants, he will also want a full debate this afternoon and he will not want to stop other Members from speaking. I am sure that he is going to conclude very soon.

[Chris Bryant]

I would have finished already if you had not interrupted me, Madam Deputy Speaker.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I do not think that the hon. Gentleman meant that quite the way it sounded to the Chair.

[Chris Bryant]

I had one sentence left to say: the Conservatives promised it; the two Houses voted for it; it is time the Government commenced it.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

We now need brevity from everyone.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am grateful to be called to speak in this important debate. The changes that the Lords have brought before this House are significant because they adulterate what is fundamentally an essential Bill. The Investigatory Powers Bill, which has been brought here after the careful, bipartisan—in fact, multi-partisan—work of my right hon. Friend the Prime Minister when she was in her former post, is one of the most important Bills that we have brought forward. It has been brought forward with very little trouble or argument because of the efforts put in beforehand. To find ourselves in the House of Commons today debating an amendment that does not even belong in the Bill because Members of the House of Lords have misunderstood its purpose is deeply unhelpful.

Moreover, as was pointed out by my hon. Friend the Member for North East Somerset (Mr Rees-Mogg), the ability to shoehorn amendments into Bills starts to take us into the pork-barrel politics of the United States. I think that that would be a great error not only for our country but for the conduct of government, because it would lead to our seeking to add the bridge, the road or the school to the back of a Finance Bill—or, indeed, an Investigatory Powers Bill.

The Bill matters fundamentally, particularly today. I do not like to bring up the subject of The Guardian too often—after all, the only reason we had it in the officers’ mess was to dust it for prints—but now that it has been mentioned a few times, I think it wise for us to read what appears on the front page today. The head of MI5 himself has given an interview to The Guardian, presumably—well, I will stop there, but his warning is very clear: Russian activity in this country has now grown to a level which is simply unacceptable, which is genuinely a threat to our nation and with which his organisation must now deal. I am delighted that the Bill is back in the House of Commons, because we now have an opportunity to cut the barnacles off the boat and get rid of this amendment.

The Leveson legislation was introduced in the last Parliament, when I was not here and nor were many of my colleagues. I hope you will forgive me, Mr Deputy Speaker, if I express some dissatisfaction about the speed with which the last Parliament debated the legislation. I also hope you will accept that some of us who are new to this place are deeply uncomfortable with state authority over a free press. My hon. Friend the Member for North East Somerset and my right hon. Friend the Member for Wantage (Mr Vaizey) have already spoken eloquently, so I will not go over the same ground, but I feel very uncomfortable when I am asked to set up a regulator to govern who governs me, and I feel deeply uncomfortable when I am asked to say who is the judge who can hold me to account.