Communications Data

Lord Reid of Cardowan Excerpts

Wednesday 17th June 2015 Lords Chamber

[Lord Bates]

My noble friend is absolutely right. He helpfully mentions previous consideration of the counterterrorism and security legislation as it went through this House. We, the Conservative part of the coalition, very much wanted to introduce the Communications Data Bill, but what has been announced in the Queen’s Speech goes wider than that. It includes communications data but also looks at the regulatory regime and is built around investigatory powers, bringing us more up to date with the threats we face and, therefore, the capabilities that our people need.

[Lord Reid of Cardowan (Lab)]

Does the Minister accept that, with all the scrutiny this has rightly been given, we are considering not just a matter of law—though it is that—but a matter of political judgment about political circumstances and political threats, not least terrorist threats? Will everything possible therefore be done to ensure that the crucial interventions are retained within the ambit of politicians who are ultimately accountable to this Parliament, and not merely avoided by putting them out to judges without a political intervention?

[Lord Bates]

Obviously, the noble Lord speaks with great experience. I think that he was Home Secretary at the time of the 9/11 attacks and is personally aware of the challenges we face in that area. The Anderson review raised the issue of the relationship between the Executive and the judiciary. A number of comments were made about the decisions that had been taken and about the risk if things go wrong being a political risk, saying that the decisions therefore ought to follow that process. That is a view that David Anderson expressed and which we are considering, but the Intelligence and Security Committee took a different view. We will evaluate the issue and come forward with recommendations.