Counter-Terrorism and Security Bill

Debate between Lord Evans of Weardale and Lord Condon

Monday 26th January 2015 Lords Chamber

[Lord Condon (CB)]

My Lords, I thank the four noble Lords who have put their names to these amendments for renewing and re-energising the parliamentary debate about these issues. I will be relatively brief.

I think everyone agrees that there is a gap in the legislation that needs to be filled. I do not disagree with any of those who have spoken so far, not because I am vacillating but because they are all right in what they are trying to say and in their ambitions. We desperately need a clear legislative road map that leads to filling the gaps that are putting our country at risk. Ideally, that road map would lead to legislation before the general election, and that is the spirit of the amendments before us. However, I accept the reservations put forward by the noble Lord, Lord Blencathra, and his committee.

The fight against terrorism and serious crime is not a police and agency fight but a whole-country fight and an international fight, and in the context of our own country we need a critical mass of public and communications industry support for new legislation. The legislation cannot be too far ahead of the wide feeling of support and that they are the right measures at the right time for what we need. I hope that the Minister in his response will be able to give us a sense of how this road map might be laid out. As I say, that would ideally be before the general election, but I suspect that more realistically it will have to be after it. We will therefore be looking to the major parties to set out just what they are prepared to do in this field.

What is absolutely certain is that there is a horrendous gap that gets bigger each day and prevents the agencies that we task with keeping our country safe from doing their best in this field. So I thank again those who brought forward these amendments. This is a vital time for our country to get this matter right.

[Lord Evans of Weardale (CB)]

My Lords, I declare an interest as a non-executive director of the National Crime Agency. Unfortunately, I can neither confirm nor deny the contents of the shopping lists of the noble Lord, Lord Carlile, but he is quite right in saying that we are not here talking about what would amount to a snoopers’ charter.

I have some considerable sympathy for the purpose behind the amendment. It seems to me that there has been a failure in the system to provide the appropriate powers alongside the appropriate controls that will enable the agencies and the police to continue their jobs of keeping us safe from terrorism, as well as, importantly, from serious and organised crime. It was always my view as regards the draft Communications Data Bill that it was at least as important for law enforcement as it was for the intelligence agencies, because the evidence provided by communications data is enormously important and is used again and again in the courts. This is not just an intelligence issue; this is an evidential issue to ensure that justice is properly done in the courts.