Communications Data and Interception

Lord King of Bridgwater Excerpts

Thursday 10th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, I am not in a position to answer that particular question. It may be beyond the gift of anyone to answer it at this stage. The noble and learned Lord makes a very interesting point which I am sure will be considered, but it is not part and parcel of this legislation, which is very narrow in what it is seeking to achieve. We are not looking to extend the powers that we currently have available.

[Lord King of Bridgwater (Con)]

My Lords, to save the Minister embarrassment I do not expect him to reply to this point; I fully agree with the previous comment of the noble Lord, Lord West, about the failure to move forward with the previous Bill. Having said that, my noble friend will be aware that both Houses of Parliament are very leery indeed about emergency legislation, and are rightly suspicious of it. It is not just the cynics who say that they are not totally reassured when all parties are in agreement on emergency legislation, which has not always had a happy history.

Having said that, nobody could underestimate the importance of the matters that the Minister has discussed and of what the data have meant to the defence of this country. If ever there was a time not to reduce our defences, this must be it. Can the Minister confirm again that this represents no change in the present situation—that there is no advance in the intrusions on the citizen; it is a matter of data, not the content of messages? It is the “who, when and where” that are so vital in the pursuit of this.

The most important thing is that the provisions also contain the surprisingly short sunset clause, as I understand it, of May 2015—

[Noble Lords]

2016.

[Lord King of Bridgwater]

That is still, for the matters which must be discussed, a short sunset clause. It is absolutely right that that is there, and I welcome it.

[Lord Taylor of Holbeach]

I am most grateful to my noble friend. As a former chairman of the Intelligence and Security Select Committee, I know that he—like the noble Lord, Lord West, from his ministerial role—can see inside this problem. I expect and want the House to scrutinise this legislation, because it is right and proper that we do so.

My noble friend is right also to point to the fact that the sunset clause allows an incoming Government only 18 months to put a new communications data Bill on the table if they choose to do so. If I were part of any such Government I would be exhorting prompt action in that area. Clearly, without the legislation that we are now hoping to bring forward, we place ourselves in an extraordinarily difficult position.