(10 years ago)
Public Bill CommitteesQ Under the terms of the Bill, you are being asked to collect a large amount of data, some of which will be quite personal and some private. How confident are you of BT’s capability in terms of maintaining the security of those data from hacking or theft, particularly bearing in mind the fact that other communications service providers have been hacked into? When you consider the rest of the industry more broadly—without naming names—do you think BT is in a stronger position than other CSPs to maintain security against hacking or theft where there might be vulnerabilities elsewhere?
Mark Hughes: The security of any data we hold and retain is clearly a matter that we take extremely seriously. That is of the utmost seriousness for our organisation for any type of data. The type of data that the Bill refers to specifically is, though, perhaps different from other types of data that need to be interfacing the public on a bigger scale, for example. This is not that type of data; it is going to be restricted and allowed to be viewed by only very few individuals who have the correct authority to be able to get to the data when they need to.
The level of security applied to this type of data is clearly factored into the type of data that is being retained, so we have to put very significant security measures around it to ensure that the access is controlled properly and that the data are very secure when stored. That absolutely has to be factored into the cost and the way we operate. It is not something new. We are currently subject to laws and regulations under which we have to make sensitive data available, so we are used to doing it, but that clearly has to be factor in for, for example, some of the new datasets we are potentially going to be asked to retain under the Bill.
Q On the Joint Committee on the draft Bill and on the Science and Technology Committee, we heard CSPs talking about the level of engagement they have had from the Home Office, and we have heard from the Home Office that that has increased recently. That seems to tally with what you are saying. Could you give us a sense of the scale and extent of that engagement, and some reassurance that, in this fast-moving world, you are confident that the relationship is such that that engagement would be there in future as well, rather than it just being about getting the Bill to this stage?
Mark Hughes: We have had extensive periods of consultation and meetings on a very frequent basis. The Home Secretary has invited many of us representatives of the CSP community to meetings with her on two occasions before this, as well as to many working-level meetings with various Home Office officials. We discussed the technical, legal and procedural points about the proposed legislation as well, which is markedly different from how things have been before.
On the point about the future, which is important here, the Bill itself clearly specifies and puts in place a regime whereby consultation is enshrined in the legislation through the consultation process that has to happen before a notice is issued and, indeed, because the reconstituted technical advisory board can be called to come together at any time. That power did not exist in the past. The consultation is in a better place and I think that the Bill itself will help to ensure that that continues in future, because it will be a point of law.
Q Is everything in the Bill technically deliverable?
Mark Hughes: There is nothing that we have yet come across that we think is technically not deliverable. However, I will caveat that by saying that we provide many different services. There are different service providers that do different types of things and operate their communications networks differently from us. I can only really comment on BT and our networks, both mobile and fixed, but from where we are coming from it is—
Q When you were standing up in the House of Commons at the Dispatch Box explaining what the security services and the police were doing, how important was your personal oversight of that, as opposed to just a judge doing it by themselves?
Charles Clarke: The implication of your point I could not agree with more. My personal experience was very important. It did lead me, personally, directly to have relations with the individuals in the security services who were involved with these things, and I think that helped my whole job as Home Secretary.
Q You talked about updating the legislation and the importance of that. Do you see an internet connection record or something equivalent to it as a key part of updating this legislation for the world we live in now?
Charles Clarke: I do personally, yes.
Lord Reid: I do as well. Not to test the Committee, but two years after 7/7, on 6 August 2006, there was a plot to bring down seven airliners. There would have been 2,500 victims, and intercept was absolutely essential in protecting those lives—absolutely essential—with both the internet and telephone communications.
Q It has been raised before, but some witnesses have said that warrantry should be solely within the Executive function—
Lord Reid: What, sorry?
(10 years ago)
Commons ChamberThe hon. Gentleman raises an interesting point, on which there has been some commentary in the media. The practical problem is that if security is instigated at an earlier stage, a crowd is simply created in a different place. That is why that suggestion will not necessarily solve the issue of removing the ability to mount an attack on a large number of people. As I have said, the police presence and the visible security presence at certain airports has been increased, but I do not think that the hon. Gentleman’s proposal would necessarily remove the opportunity for terrorists to attack a large number of people.
The appalling events in Brussels highlight the vital work done by our security services to keep us all safe. In the recent debate on the Investigatory Powers Bill, all parties adopted a conciliatory tone. Will my right hon. Friend join me in welcoming that tone and does she share my hope that in the course of the Committee stage we can arrive at a Bill that all parties can support?
Yes, I hope that we can achieve that. We responded to the reports of three parliamentary Committees and revised the Bill accordingly. The Bill before Committee has had those revisions made to it. Both the Minister for Security, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), and the Solicitor General, my hon. and learned Friend the Member for South Swindon (Robert Buckland), will take the Bill through Committee.
Given the tone adopted in the debate and in the interventions today, I think we could see a constructive process taking place in Committee so that we will shortly have a Bill on the statute book that delivers the safety and security that the people of this country need.
(10 years ago)
Commons ChamberWe have today heard much talk about this Bill being rushed. I have had the privilege—that is one word for it—of serving on not one but two Committees looking at this Bill. I am talking about the Joint Committee and the Science and Technology Committee. I can assure the House that neither of those Committees felt that it ran short of time when it came to scrutinising this Bill. Who knows? I might get lucky and find myself on the Bill Committee to scrutinise it yet further. Importantly, the level of pre-legislative scrutiny that this Bill has undergone is extensive and will be followed by the standard level of scrutiny that all Bills face in Parliament.
I wish to talk briefly about two specific points. The first is on internet connection records. We have heard today that they are not equivalent to a mobile phone record. I would accept that point but for the fact that the internet connection record clearly is, in many ways, the modern way in which we are able to track what sort of surveillance is necessary. If we were looking at the lives of people around 10 or 20 years ago, we might simply have used the telephone. The way that we all live our lives today is through our mobile phones, through the internet, so the level of surveillance is a modern equivalent, proportionate response if we look at it through the lens of modern life. It is a marginal difference to move from the phone record, with which we have become so comfortable, to ICRs. That is why the Joint Committee was comfortable with the concept of ICRs, although I accept that there was not total unanimity on that point.
The second point relating to the ICR is that it is not a dragnet, despite what we heard from the Liberal Democrats, because it still requires approval from a judge or the state for any of this information to be accessed. I believe it is irresponsible to call it a dragnet, and I praise both the Labour party and the SNP for avoiding phrases such as “snoopers charter”. Secondly, I would praise the Government for not asking for keys to encrypted communication—for making explicitly clear the point that we are not asking Apple to build in a backdoor to everybody’s iMessages, and we are not asking for major technology companies to do things that they say “protect” their users.
However, I would raise a final point, which I think is more important. The Bill is an acceptable, to me, and sensible way of living with the modern world of encryption, but it does not address the modern world in which we live that says it is sensible for every citizen to have access to weapons-grade encryption. I fear that if it is accepted that there are dark spaces where the state simply cannot ever go, we are not having the debate in Parliament and in the nation that says it is not sensible for citizens to be perpetually suspicious of the role of the state in their lives, when in fact the state is that which may best keep us safe, rather than that which we should seek privacy from in every possible circumstance.
(10 years, 2 months ago)
Commons ChamberFor the benefit of the House, let me say that I think there are some inaccurate assumptions about the way in which exit checks are undertaken. It is not the case that every single exit check will be undertaken by a member of Border Force staff checking somebody’s passport as they go through a point of exit. A lot of this information comprises data that are being gathered electronically, and it is therefore not necessary for Border Force staff to be available to undertake that task.
As well as propaganda online, much planning for modern terrorism takes place on the internet. The Home Secretary mentioned the draft Investigatory Powers Bill. Will she reassure the House that she is determined to come to a workable arrangement with the major internet companies to make sure that there is no safe space online to plot terror?
Absolutely. We continue our discussions with the internet companies on a variety of aspects, not least the operation of the forthcoming Investigatory Powers Bill and elements within it. It is important that we work with the internet service providers, which have a very key role to play in this area in relation to propaganda that can appear on their systems and the response that they give to warrantry requests from the authorities.
(10 years, 4 months ago)
Commons ChamberThe increased security arrangements that have been introduced since the attacks in Paris include increased security in relation to rail movements to the continent. That action was taken in conjunction with the French authorities, who were keen for rail travel security to be increased. That is important in continental Europe, as well as being important in terms of the links with the United Kingdom. We assess the capabilities of the British transport police regularly and as part of the post-Mumbai exercise that I mentioned earlier, we have reviewed their capabilities over the last few years. As a result, those capabilities have been increased in this regard.
Vital to upholding our values of freedom and liberty are measures of the sort in the upcoming Investigatory Powers Bill. Of course that Bill must be examined thoroughly and the joint scrutiny Committee will be meeting shortly for the first time. May I ask the Home Secretary what message she would send out today to my colleagues and I serving on that Committee?
I think the message I would send out is that this is a significant Bill. I think it is an important Bill. I think it is crucial that it has the scrutiny that it requires, and I look forward to the report that will come from the joint scrutiny Committee. I commend my hon. Friend and others on agreeing to serve on what I think is going to be a very important Committee doing this significant piece of work.
(10 years, 9 months ago)
Commons ChamberMy hon. Friend raises a very important point. In fact, David Anderson himself has referred to the need to try to ensure that legislation can be technology-neutral so that it is, as it were, future-proofed. As I said in response to the hon. and learned Member for Edinburgh South West (Joanna Cherry), I hope that the legislation we will introduce is able to stand the test of time so that we are not constantly having to come back to this House with new proposals.
Writing about technology over the past 10 years, I saw a huge number of changes. I commend this report for trying to establish principles so that the legislation does not go out of date. Does the Home Secretary believe it is right that, as a nation, we have the same powers in the age of Snapchat and WhatsApp as we had in the age of the telephone?
My hon. Friend makes the very important point that as people move on to new means of communication, we need to make sure that powers and the regulatory framework for those powers has kept up. That is what we wanted to do in the Communications Data Bill, but we were prevented by our coalition partners. We will obviously be looking to introduce the necessary requirements in the new legislation.