Crime (Overseas Production Orders) Bill [Lords]

Debate between Nick Thomas-Symonds and Huw Merriman

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 30th January 2019 Commons Chamber

[Nick Thomas-Symonds]

The first thing I should point out is that everyone in the House wants to see a way in which the mutual legal assistance treaty system is speeded. I do not think there is any issue with that in any part of this House. The issues to which I shall come in a moment in essence fall into two categories: first, the issue of death penalty assurances; and secondly, protections for journalistic data.

In respect of the intervention from the hon. Member for Bexhill and Battle (Huw Merriman), he has tabled an amendment that is essentially the same as the one that I pursued in Committee. I do not accept in any sense the difference that he suggests there is between the two. I am pleased that his amendment has been accepted and adopted by the Government.

[Huw Merriman]

I apologise if I have got this wrong, but my understanding is that the hon. Gentleman’s amendment would not have included circumstances in which the journalist could not be traced, whereas the amendment I have tabled takes that into account, meaning that it would not be a blocker. It is in that limited aspect that our amendments differ.

[Nick Thomas-Symonds]

All I will say is that I had discussions about that amendment and others with the Minister, and they were things on which we were able to compromise. I am trying to assure the hon. Gentleman that the idea that I was trying to do something to scupper the treaty is completely wrong. I am sure he would accept that that was the case, whatever the differences between us on the detail.

[Huw Merriman]

I absolutely accept that. The hon. Gentleman will know that he and I worked closely throughout the Committee proceedings to make sure that the intent behind what we have now was in the Bill. I give credit to him for that assistance.

[Nick Thomas-Symonds]

I am grateful to the hon. Gentleman for acknowledging that.

Let me turn to the issue of death penalty assurances, which has clearly aroused a great deal of controversy, and explain our position. I should say to the Security Minister that I totally accept that new clause 1 is an improvement. The position the Opposition have ended up in today is a procedural one: unfortunately, because new clause 1 is the lead provision in the group and is therefore at the head of the list to be voted on, the only way that the Opposition can secure a vote on our own amendment is by voting against new clause 1. That is just the procedural position we have ended up in, but accept that it is a step forward and make that entirely clear from the Dispatch Box at the outset.

Crime (Overseas Production Orders) Bill [ Lords ] (First sitting)

Debate between Nick Thomas-Symonds and Huw Merriman

Committee Debate: House of Commons
Tuesday 18th December 2018 Public Bill Committees

[Huw Merriman (Bexhill and Battle) (Con)]

I agree with many of the hon. Gentleman’s arguments, but change that he is seeking will drive a coach and horses through this Bill, which will protect the vulnerable. Is he not using the wrong vehicle for that?

[Nick Thomas-Symonds]

No, I am not using the wrong vehicle. This plug-in mechanism will have an impact on many other treaties. My answer to the hon. Gentleman is a rhetorical one: if we do not make a stand here, where will we make a stand? The idea that this huge amount of data and information relating to cases that do not carry the death penalty will be put at risk for a small number of cases—three in 20 years, as the Minister said—is, to my mind, not the most credible position.

--- Later in debate ---

[Nick Thomas-Symonds]

Clause 12 states:

“An application for an overseas production order must be made on notice if there are reasonable grounds for believing that the electronic data specified or described in the application consists of or includes journalistic data that is confidential journalistic data.”

Amendment 3 is designed to broaden that notice requirement to include material that might not be counted as strictly confidential but is nevertheless sensitive. When there is an application for journalistic data, amendment 10 would mean that the court must not determine that application in the absence of the journalist affected, unless the journalist has had at least two business days to make representations, or the court is satisfied that that would not be appropriate on a number of other counts. These two matters are important, and I urge the Minister to consider them carefully.

The notice requirement often enables a negotiation to take place between the media organisation to which the journalist belongs, or the journalist themselves, regarding what data it is appropriate to provide. It would also enable the media organisation or journalist formally to oppose the application if necessary. We believe that those are important safeguards. The notice requirement is helpful for the overall protection of journalistic material that we have discussed during our deliberations on a number of different clauses, and it is a fundamental aspect of fairness in such situations. It is not that there is a blanket exception to material becoming available in appropriate circumstances, but the amendment would introduce an appropriate balance that allows the journalist or media organisation to put forward their concerns and try to ensure that we protect our free press and investigative journalism—something I am sure all members of the Committee wish to do.

[Huw Merriman]

I will be brief because the hon. Gentleman said much of what I wish to say, but I wish to endorse it. The amendment would make the clause consistent with the Police and Criminal Evidence Act 1984 and apply it to all journalistic information, rather than just confidential information. I would be pleased if the Minister considered such a provision.

The point has been made—perhaps I can extend it—that such a measure would also save a lot of time and administration. If journalists are given an opportunity to negotiate with more notice, we will not find that matters reach the stage where it is too late. I am led to believe that the procedure works very much on a negotiation basis. On that basis, I think this measure is fair and consistent with domestic matters, and that it will also make for more administrative justice through our court process. I therefore support the sentiments behind the amendment, and I hope that the Minister will consider it.

I say gently to Opposition Members that, to a certain extent, and judging by what the Minister said earlier, we could perhaps have flexibility in this area and make the Bill work better if they do not seek to drive a coach and horses through the Bill with an amendment that is completely outside its scope and could potentially take it to pieces. I make those gentle points to those on both Front Benches.