Draft Investigatory Powers Bill

Debate between Baroness May of Maidenhead and Nick Clegg

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

In relation to the warrantry that will be subject to the double lock and the process of interception, where the process currently requires a warrant signed just by the Secretary of State, it will in future have the double lock. Additional processes will be introduced in relation to some of the bulk capabilities to which I referred. Obviously, we have to appoint the investigatory powers commissioner. There will then be a process to determine who should be under the commissioner and the areas of expertise they should have. I have said to the Justice Secretary in Scotland and the Minister of Justice in Northern Ireland that we would expect to ensure that Scottish and Northern Ireland expertise is available to the commissioner.

[Mr Nick Clegg (Sheffield, Hallam) (LD)]

I thank the Home Secretary for her statement. Her last Bill on this fraught but important subject hit the buffers. The current Bill is a much-improved model, although I have the feeling that, under the bonnet, it retains some of the flaws of its predecessor. The Home Office has clearly put in a lot of work, which I welcome, as I do the dropping of some of the key provisions on third-party data and encryption. I am a little confused by the advance briefings on the Bill: some suggest that it is a radical departure from its predecessor, and others suggest that much of it is the same. It cannot be both, and the devil will be in the detail.

On judicial authorisation, the Home Secretary has set out a somewhat complex double-lock compromise that may incur stop-start delays. I heard what she said earlier, but I wonder whether it would not be simpler and faster to provide for direct judicial authorisation. I should like to understand from her why she has not decided to do that.

On web browsing, I strongly welcome what looks at first like a significantly more proportionate and targeted approach, but will the Home Secretary explain why it is still necessary to hold such large amounts of data retrospectively for a considerable period of time?

Finally, will the Home Secretary tell the House why she has not acted on the commitment she made in the last Parliament to establish a proper US-style privacy and civil liberties board to provide reasoned scrutiny on such Bills in future?

[Mrs May]

The right hon. Gentleman says that there was some confused briefing. Different reports appeared in newspapers, but that is not necessarily the result of briefing. The situation on the Bill is what I have set out today in my statement—[Interruption.] The hon. Member for West Ham (Lyn Brown) says that I went on TV. I said on TV exactly what I am about to say to the House in relation to the difference between the Bill and the draft Communications Data Bill, which is that some of the more contentious elements are not in the current Bill. For example, the requirement for UK communications service providers to retain and access third-party data from overseas providers is not in the Bill, nor is the web browsing provision, to which the right hon. Gentleman referred, and nor is the provision that would have placed on US and overseas providers the same data retention requirements and obligations that apply to UK service providers.

On judicial authorisation, the double lock provides both judicial independence, but also, crucially, public accountability. That is what we get through membership of the House.

The right hon. Gentleman mentioned retrospective data. I put to him the case of the abducted child. We want to see who that child or young person was in contact with before they were abducted. We can do that through telephone records, but we cannot do it if they were using a social media app. That is what the intercept communications records enable us to do.