Investigatory Powers Bill

Lord Deben Excerpts

Wednesday 7th September 2016 Lords Chamber

[Lord Rooker]

Perhaps I may put a strictly non-lawyer’s question to the noble Lord, Lord Butler. Who decides where the court action takes place? Bearing in mind that these are slightly different circumstances and given that, as I understand it, a conviction takes place in a court, who decides where the person who has been charged should stand trial? I am not clear on that point. They might say, “I would rather go to Northern Ireland, please, because I would get only six months there”.

[Lord Deben (Con)]

My Lords, I always believe that these debates should not be carried out only between those who spend their lives discussing whatever the subject is, and this is one of them; it is extremely dangerous to leave it to those for whom security is their bread and butter. I mean that in the most polite way. However, this particular Bill has been the subject of very considerable concern among members of the general public. I was pleased to hear earlier how the Government’s amendments, tabled by my noble friend, showed just how carefully the Government have considered people’s concerns about the sorts of decisions that we have to make in the circumstances of today.

Also of concern are the remarks of the noble Lord who talked about the desire he always has to make sure that when times are not as they are now, the draconian decisions we have to make today do not automatically continue but are seen always as decisions made in circumstances that we have never faced before.

The amendments put down by the noble Lord, Lord Butler, are also worthy of careful consideration. The reason I suggest that is that they are immediately comprehensible to the public at large. The public want to know that, having struck the sort of balance which they understand has to be reached, we are also concerned that that balance shall be maintained and will not be an excuse for a constant erosion of what people feel to be very precious things. Freedom and privacy are too precious to allow what one might call mission creep. The only way to stop it is by having a clear definition of a crime—of something that has been done which is punishable. I am concerned about this gap in the legislation which I suspect the Government did not intend to be there.

All I want to say to my noble and learned friend is that, for the public as a whole, what the noble Lord, Lord Butler, has proposed will be very attractive. If the Government do not like the wording or if we cannot answer questions such as where a court case might be heard, no doubt it can be rewritten—but I hope that it will not be ignored.