Data Retention and Investigatory Powers Bill

Debate between Lord Beith and Alan Johnson

Tuesday 15th July 2014 Commons Chamber

[Alan Johnson (Kingston upon Hull West and Hessle) (Lab)]

It is a pleasure to follow the right hon. and learned Member for Kensington (Sir Malcolm Rifkind). I am not sure whether he and I are the best people to support the Home Secretary. It seems to be de rigueur in some quarters to believe that members of the Intelligence and Security Committee and former Home Secretaries lose any sense of the need to support the noble causes of protection of privacy and promoting civil liberties as soon as they come into office. We are supposed to have all that sucked out of us as we walk down Marsham street.

Sometimes, as a non-tweeter, I am lectured about the importance of privacy by people who send a tweet every time they brush their teeth. Leaving that aside, I suppose that, just as it is impossible to imagine a new Foreign Secretary arguing for Britain’s withdrawal from the European Union, it is impossible to imagine a Home Secretary being caught up with the more fundamentalist wing of the civil liberties group. That does not mean that we do not care about civil liberties.

Leaving aside Home Secretaries and distinguished Chairs of the Intelligence and Security Committee, the people who work in the security services and the police and the Child Exploitation and Online Protection Centre are equally concerned about issues of privacy. The one thing that sometimes irritates me about this debate is the idea that we could direct them. In this country, with all our values, which we sometimes seem to believe exist only within this Chamber or within Members of Parliament and Ministers, that is a ludicrous suggestion.

For me, there is one test for the Bill—the Ronseal test: does it do what it says on the tin? Let me assure Opposition Members that the Home Secretary prior to 2010, who was me, operated entirely on the basis of this Bill. I have sprinkled rosewater on it, I have held it up to the light, I have closely examined all six clauses. Apart from the ambiguity, which others have referred to, we always believed that we had protection in respect of CSPs based overseas and that they were subject to the law on communications in the UK. We always operated in that way, and it is as well to make that clear. Would it not be ludicrous if it worked any other way?

[Sir Alan Beith]

It would not only be ludicrous; it would be an invitation to companies to re-site themselves outside the United Kingdom, for fear of placing themselves at a competitive disadvantage.

[Alan Johnson]

Of course. The right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) made a very important point earlier about the need for a blanket provision. We need to keep blanket information. How will we resolve the cases that the shadow Home Secretary set out so effectively without that provision?

I admit before this House that I believe these laws ought to go further. I have made that clear before. I agreed with the Home Secretary in the foreword to the draft Bill a couple of years ago, which says that we cannot allow continuing and new technologies to remove this capability, but I accept that this is not the place to argue for that. Indeed, I believe that the new provisions set up under David Anderson, the Privacy and Civil Liberties Oversight Board and the examination that David Anderson will carry out, make it more probable that we will have an informed debate when the matter comes before Parliament.

The right hon. and learned Member for Beaconsfield (Mr Grieve), who is not in his place, spoke about telecommunications, but before telecommunications, there was the Post Office. It has always been the case that we have used these kinds of powers to protect this country against our enemies. When I joined the Post Office as a postman in 1968—I know that is a long time ago—there was a whole unit in St Martin’s le Grand occupied by MI5, or the service, as it was called, where technicians wore rubber gloves and sat with very strong lights and large kettles, steaming open letters. I add, incidentally, that I was not one of those people. I know that by reading “The Defence of the Realm”, the splendid history of MI5 written by Christopher Andrew.

Christopher Andrew also tells us that in 1969, 221,000 postal items were opened in this way. There had been an increase of 135,000 on 1961. The interception of communications commissioner’s report in 2013 shows the total number of interception warrants authorised by the Home Secretary. Bear in mind that 221,000 letters were opened in 1969. The number of warrants authorised in 2013 was 2,670. That shows that, although there is a more complex problem, although the challenges are more complex and, I would say, the threats to this country are more severe—that our citizens are in a more perilous position than they were in the 1960s is arguable, but that is what I believe—it is incredible that we have a much greater grip on the issue now. We have far more surveillance and far more oversight of these matters than we had, and that is very healthy.

In my view, we are today defending what is there already. If there was an addition to those powers—I was pleased to hear the Chair of the Intelligence and Security Committee say that the Committee had looked at this—I would not support the Bill and I would not have supported the programme motion earlier. Members in all parts of the House see this as important. Let us not lose the capabilities that we have before we debate whether those capabilities need to be added to.

Policing in the 21st Century

Debate between Lord Beith and Alan Johnson

Monday 26th July 2010 Commons Chamber

[Alan Johnson]

Thanks to us, the hon. Lady says from a sedentary position. I remind her that we were making the police a priority and guaranteeing the funding for record numbers of police officers.

Last week’s report by Her Majesty’s inspectorate of constabulary and the Audit Commission made it plain that any cuts above 12% were bound adversely to affect front-line policing. Soon we will learn how the Government plan to restrict the use of the DNA database and CCTV, and thus make it harder for the police to catch criminals. Today we have the final part of the triple whammy—structural upheaval through the imposition of elected commissioners and the abolition of the Serious Organised Crime Agency. Perhaps the Home Secretary can tell me which chief constables, which police authority chairs or even which local authority leaders support the replacement of police authorities by a single elected commissioner. Sir Simon Milton, when he was the Conservative head of the Local Government Association, said that:

“there are already people elected at local level to represent the community and be advocates over a range of services—they’re called councillors”.

Is not the Home Secretary setting up, in Sir Simon Milton’s words,

“a parallel and potentially conflicting system with a competing mandate”?

Sir Hugh Orde has said:

“Every professional bone in my body tells me”

that having elected commissioners

“is a bad idea that could drive a coach and horses through the current model of accountability and add nothing but confusion.”

The Conservative chair of the Association of Police Authorities has said that the idea appears to be driven by dogma, and Richard Kemp, the leader of the Liberal Democrat group on the Local Government Association, has said that the vast majority of the 3,700 Lib Dem councillors—a figure soon to be drastically reduced at the next election—oppose an elected commissioner. Does the Home Secretary not think that the narrower the remit of the position, the weaker the case for having the occupier of that position decided by ballot?

How will the Home Secretary safeguard the operational independence of the chief constable? As the APA has pointed out, police authorities have done a great deal over the past few years to ensure that the public understand their role and that police authority members are properly equipped and trained to operate effectively. There is a clear argument for enhancing and increasing the role and responsibility of local government, so that local councillors have a clear mandate for holding the police to account. That is the route that we should be taking, rather than this unnecessary, unwanted and expensive diversion. Can the Home Secretary tell me whether the LGA is right when it states that the elected commissioners will cost £50 million? What is her estimate?

The coalition agreement talked about refocusing the Serious Organised Crime Agency, not eliminating it. That organisation was formed only four years ago, and the structural upheaval then took years to settle down.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

It was yours.

[Alan Johnson]

It was our structural upheaval, I agree completely, but that is what occurs with any reorganisation. To put people through another structural upheaval four years later is simply madness.

In 2006, SOCA was wrongly described as replicating the FBI, and reports over the weekend gave the same description. Does the Home Secretary think it is accurate? She will be aware of Sir Paul Stephenson’s John Harris memorial lecture recently, which rejected the FBI option. Sir Paul set out a model built upon SOCA, not upon replacing it, and his national federated model has much to commend it. Why is the Home Secretary not pursuing that alternative?

The Child Exploitation and Online Protection Centre does fantastic work. To build upon that work, we were moving it away from SOCA to be a non-departmental public body. Will the Home Secretary continue that process, and if not, why not?

Will the dedicated border force replace the UK Border Agency, and how many jobs will be lost as a result of these initiatives in SOCA, the UKBA, the National Policing Improvement Agency and elsewhere?

We have yet to hear a word from this Government about how they plan to cut crime. All we have heard is how they will cut officer numbers, prison places and police powers. Today, the Home Secretary has managed to reannounce at least three decisions that we had already taken in government. She says that she will mandate beat meetings to challenge the performance of neighbourhood policing teams, having scrapped the policing pledge drawn up by chief constables themselves to provide exactly that mandate.

The Home Secretary inherited the Department when crime had fallen substantially, public confidence in the police had never been higher and public concern about antisocial behaviour had never been lower. She says she is pursuing bold policies; in fact she is pursuing bad policies. I was pleased to see the Government’s U-turn on anonymity for rape defendants; elected commissioners need to go the same way.