(8 years, 1 month ago)
Lords ChamberMy Lords, one of the greatest civil liberties is to not have your identity stolen. We have found in the banking world, and other worlds, that by having biometric cards that identify clearly who you are this can be avoided; these cards cannot be duplicated easily because they are biometric. I have no doubt whatever, and I would be interested to know whether or not the Minister agrees, that we will inevitably end up having a card—whatever we call it—in order for our people not to have their identity stolen.
I do recognise what the noble Lord said, particularly in terms of identity fraud. One of the things we are doing is working with banks because it is such a huge financial loss when people fraudulently open bank accounts or take money from other people’s accounts. E-passports now have facial recognition, which is a very good system of identification—but we will not be moving to the identity card scheme.
(8 years, 5 months ago)
Lords ChamberMy Lords, what I am trying to demonstrate here is to counter what the noble and learned Lord, Lord Keen, said in his letter, that the Bill complied with the 10 tests put forward by RUSI. I am simply indicating where we feel that the Bill is deficient.
Moving on, we share others’ concerns that the technical capability notices and national security notices, only enforceable against UK companies, could make British products and systems more vulnerable to illegal hacking. There could be a considerable competitive disadvantage to UK companies as a result.
We are concerned about the operation of the filter. As I said at Second Reading, it creates a virtual database, and the noble and learned Lord in his summing up—
My Lords, I share the view of the noble and learned Lord. I am a simple sailor, and I am totally confused now as to exactly what the noble Lord is trying to do. Are we trying to insert an amendment, or are we having another Second Reading? The noble Lord is continually saying, “As I said at Second Reading”, but we do not do Second Reading a second time.
(8 years, 5 months ago)
Lords ChamberMy Lords, one of the main reasons to have the card is for a person to protect their identity and get access to all the things that can now be done digitally online. When I started the cybersecurity policy and we did all the work with the banks and stock exchanges, we found that it was best to have cards for individuals, with biometrics that can be used with computers—for people’s own security. All this other stuff about checking up on people and everything is a sideline as far as I am concerned. It is actually to save the identity and personal details of the individuals in this country and enable them to get digital access to all the new systems that are coming. The only way of doing that, as we found with the banks and stock exchanges, is to have some sort of card—calling it an identity card gets everyone terribly excited—that has biometrics on to let them do it safely.
With respect, it would appear that matters have moved on because we are now in the realms of digital identification, where cards are not required. Indeed, the Government’s own site makes provision for digital identification.
(8 years, 5 months ago)
Lords ChamberMy Lords, I first congratulate the many people who have worked so hard to ensure that the Bill is nearly fit for purpose. Interception of communications and civil liberty are uncomfortable bedfellows but we are within a hair’s breadth of a sensible compromise. Indeed, I believe—unlike the noble Lord, Lord Strasburger—that this will be a benchmark for security legislation globally. Certainly, on talking with my old counterparts in a number of countries, I found that they also feel the same.
We live in a more dangerous world than at any time in my 50 years on the active list, notwithstanding the Cold War. It is more unstable and more dangerous. We must not forget that all the numerous terrorist plots thwarted in the UK over the last 10 years—the seven referred to by the noble Lord, Lord King, were only last year, and there were 10 while I was a Minister, so the number is a lot greater than that—were initially discovered by intercept. Intercept has kept our people safe. We clearly cannot allow terrorists, such as Daesh, serious organised crime syndicates, murderers, paedophiles and so on to exchange information, plan and operate, safe in the knowledge that law enforcement is unable to monitor or get at their activities.
I also hope—as was mentioned by the noble Lord, Lord Paddick, and the noble Lord, Lord King—that the politically loaded and seriously misleading phrase “snoopers’ charter” has been removed from our lexicon. I pay tribute to those of our security services and agencies who work tirelessly to protect our people. I have worked cheek by jowl with them over many years, and they are basically ordinary British men and women doing an extraordinary job. They are not some Stalinist or Gestapo group intent on oppressing our people. My only complaint is that too many of those at GCHQ are Guardian readers and seem to dress rather casually. Too many people in the civil liberties field see them as fascist bogeymen: they are not.
The lead-up to this Bill has been tortuous but it is needed urgently, and there was an overwhelming requirement to replace the outdated legislation and ensure the correct safeguards for our civil liberties.
What is absolutely clear is that the Bill is certainly not part of a “dangerously rushed parliamentary process”, which is what Amnesty International has said. It is the result of highly detailed scrutiny, over a very prolonged period—I suggest that it has taken longer than two years in its various guises. That was not least as a result, as was mentioned by the Minister, of the report by David Anderson, A Question of Trust; the detailed work of the Joint Committee on the Draft Investigatory Powers Bill; the independent surveillance review from RUSI; the ISC study; the work of the Science and Technology Committee; and so on.
The Bill has been pored over in the other place and the Government are to be congratulated on their willingness to accept so many necessary amendments. There are still a number of areas where the Government have promised changes, and we need to wait and see what they come up with. Those include, as has been mentioned, issues that relate to protecting journalists and source confidentiality, and, as the noble Lord, Lord Pannick, mentioned, lawyer-client confidentiality.
The web is transnational and knows no boundaries. Therefore, I ask the Minister whether we are moving towards a more predictable, transparent, usable and coherent legal framework for providers overseas, as was endorsed by David Anderson QC, the Independent Reviewer of Terrorism Legislation; by Sir Stanley Burnton, the Interception Commissioner; and by Nigel Sheinwald in the study that the Prime Minister asked him to do.
I also have concerns about clarity over compliance costs, where I believe businesses will be unable to make the necessary financial planning for storing internet connection records.
From all my experience in this area, I know that equipment interference is absolutely crucial to law enforcement and our security. We need to be very wary and very careful of constraining our agencies too much in this area.
I have concerns also about authorisation and the double lock in certain circumstances, particularly political issues to do with some sort of monitoring overseas. I will be interested to see how that develops over the next few months as we debate this.
Lastly, I know from personal experience how crucial to our people’s safety bulk collection is, primarily for terrorist purposes. I await David Anderson’s review of all bulk powers with great interest, but hope that he will not try to constrain that too much. It is not about prying on all those data; it is about getting the key little points that enable us to get after the people who wish to do us harm and kill us.
We still have a way to go, but I look forward to hearing the debate in this Chamber over the next few months. We have a lot of people who know a lot about these issues. My initial impression is that this is a timely, valuable and necessary piece of legislation, which gives us the powers we need. It is infinitely better than the flawed legislation that it is replacing.
(8 years, 6 months ago)
Lords ChamberI reiterate that the agreement we have with France is not predicated on our membership of the Union, as the noble Baroness herself acknowledged. Nevertheless, we cannot carry out the protection of our borders unilaterally; we depend on co-operation with our neighbours.
My Lords, who exactly is responsible for the recognised surface picture in our territorial seas, both down the North Sea coast and in the channel? There has been talk of three hubs being set up and of the Border Force working with the Navy. There is talk of working with HMRC. There are many agencies. Who is actually responsible for knowing which ships are coming across, with migrants, terrorists or whatever, and making sure that they are properly intercepted? Which department has that responsibility?
I am obliged to the noble Lord. The National Maritime Information Centre brings together information and intelligence provided by Border Force, the coastguard, the police, the Armed Forces, the Foreign and Commonwealth Office and the Marine Management Organisation, as well as by the National Crime Agency. It co-ordinates that intelligence for the benefit of all these agencies.
(8 years, 7 months ago)
Lords ChamberI note what the noble Lord says, but the Apple case was one of some complexity. The court order that was eventually granted was in fact superseded because a third party came forward and provided the Federal Bureau of Investigation with access to the relevant material. The Apple case of course raised very real questions about the scope of responsibility of communications providers, and that is what this Bill seeks urgently to address. The providers have responsibilities to the public—not just the public to whom they provide their initial services.
My Lords, in support of my noble friend Lord Rooker, I ask the Minister this. In the final analysis, is it not absolutely essential—no matter what the complexities—that we do not allow criminals, terrorists, paedophiles, to exchange data, plan, and swap photographs in an area where there is no possibility of scrutiny by law enforcement agencies? Whatever happens, we must enable ourselves to monitor that, or else we are all less safe.
I entirely concur with the noble Lord. There must be no dark pools in which these criminals and terrorists can operate.
(8 years, 8 months ago)
Lords ChamberAs my noble friend will know, it was this Government who reintroduced exit checks last year. He is right to point out that we introduced these checks in particular in larger ports. If there are specific airports he is concerned about I will be happy to discuss them with him afterwards and write to him accordingly.
My Lords, our coastline outside the major ports is highly vulnerable. Will the Minister confirm that, since we have sent coast guard cutters to the Mediterranean, and because of defects, we have only two coast guard cutters to look after our coastline from the Tyne round to Cornwall and that we have now cancelled the airborne surveillance programme, which indicated targets of interest, such as illegals coming into the country, to those cutters? If that is the case, we are in a very parlous state.
My Lords, I am sure that the noble Lord will appreciate that I cannot go into the details of the operations of the Border Force and the cutters being deployed, but I assure him that there is sufficient capability and funding in place. Border Force maintains a presence in UK waters. We work in close partnership in ensuring secure borders with the Royal Navy and the National Crime Agency, among others.
(8 years, 8 months ago)
Lords ChamberI am sure that all noble Lords will wish us both a long, healthy and happy life. The noble Lord is quite right—the Government have made their position clear; the decision is important. [Laughter.] Noble Lords may laugh, but the Government have made clear the principle that there is a need for expansion in the south-east, and we are progressing on that basis.
My Lords, 219 years ago today, the Spithead mutineers submitted a form to Earl Howe, whose relative sits here today, because they were appalled at a two-year delay in the Government taking action that they had promised. What does the noble Lord think they would make of the multi-year delay we have over this particular decision?
(8 years, 8 months ago)
Lords ChamberThe best answer I can give to my noble friend is that, again, that highlights responsible local authorities prioritising the schemes that they think should be prioritised.
My Lords, have the Government made any assessment of the cost to business in London of delays to buses and to people on those buses caused by the devastation of the road network caused by Mayor Boris Johnson?
Normally when the noble Lord rises to his feet it is a history lesson. However, he points to the challenges posed by construction taking place for the cycle lanes and by other construction in London. I will review this issue with TfL and write to him.
(9 years ago)
Lords ChamberOne issue, which I mentioned earlier and which was referred to by the Environmental Audit Committee, was the need to ensure that air quality standards are applied to each proposal within each of the options that we are considering. We feel quite strongly that those need to be considered, reviewed and analysed so that we make the right decision on the basis of not just the economy but important environmental considerations.
My Lords, the failure to take this decision is seemingly either mind-blowingly incompetent or amazingly cynical. We have now had longer than the duration of the Second World War to think about this. As the noble Baroness said, in the last two years we seem to have gone round in circles. As I cannot believe that any Government would be so cynical over something so important for the wealth of our nation, I have to assume that it is mind-blowing incompetence. Will any heads roll in the Department for Transport because of this incompetence and failure to make a decision?
I totally disagree with the noble Lord. I do not think that it is either of the issues he proposed. I am sure he will recognise that it is important that these decisions are considered: they have to be the right decisions based on all the issues in front of us. The environment and environmental issues have been raised, and these are important considerations to ensure that we get the required expansion. I will be absolutely clear. I mentioned the summer of 2016. That timetable will in no sense delay the proposals in the Davies commission for achieving extra capacity by 2030.