Police Surveillance of Journalists

Afzal Khan Excerpts

Wednesday 17th July 2019 Commons Chamber

[Mr Hurd]

My right hon. Friend is a long-standing champion of civil liberties and press freedom; in fact, there is probably no greater one in this House, and I am grateful to him for the UQ and the opportunity to place on record again—because, as I said, this cannot be said often enough—the Government’s absolute commitment to protect the freedom of the press. That is a cornerstone of our democratic processes, and he has heard that from the Prime Minister, the two men who want to be the next Prime Minister, the Home Secretary and anyone else at a microphone; that is entirely sincere.

My right hon. Friend is also quite right to point out that the Investigatory Powers Act has been subject to a tightening-up process, in large part stimulated by the promptings of himself and colleagues. The point I was trying to stress in my remarks is that we do believe—although this is being challenged and will continue to be challenged by people who take a different view—that the safeguards and protections in place and what our security, intelligence and law enforcement agencies are required to go through in terms of, for example, seeking a targeted communications data authorisation are extremely stringent.

As my right hon. Friend said, authorisations in this case need to be approved by a judicial commissioner. A Government of any colour need to be subject to scrutiny and challenge on the robustness of these approaches. I am not going to comment on the specific case; I am here simply to set out the process in relation to the protections that my right hon. Friend and others quite rightly seek to be reassured by, and I hope that I have done so.

[Afzal Khan (Manchester, Gorton) (Lab)]

Press freedom is an integral part of democracy. We do not have too much freedom of the press in this country; we have too little. Can it be right that the press is threatened for publishing material that is in the public interest? The illegality in leaking the British ambassador to Washington’s thoughts may be tested in the courts, so I shall be cautious about any remarks on that, but surely it cannot be illegal to publish those remarks simply because they are the cause of embarrassment to the Government. Surely, it cannot be right that scanning technology is being used against journalists to investigate the leak. Is it open to the Home Secretary to issue guidance to police forces on this matter, to ensure that there is not now or in the future this trawling of journalists’ phones, laptops and other devices?

In another case earlier this month, the Belfast High Court declared that the warrants authorising the search and arrest of two documentary filmmakers were unlawful and that everything seized from the filmmakers must be returned. The filmmakers had previously released a documentary about a mass killing in Northern Ireland for which no one has ever been charged, “No Stone Unturned.” The Belfast High Court was surely right, but this case highlights the need for greater judicial oversight of the police and the security services, especially in their dealings with the press.

[Mr Hurd]

I am sure the hon. Gentleman will want to make it clear on behalf of the Opposition that they entirely support the police having the ability to get on with their work and identify the leaker. The police certainly have our full support on that, because those leaks should not have happened and they have been damaging. I am sure everyone wants to see the leaker identified.

The hon. Gentleman will also I am sure, having done his homework, be aware of what the Official Secrets Act 1989 says, in particular section 5, and that is how the law stands at the moment, but what is critical—I am delighted to come to the House again to make this clear—is that in going about their business on our behalf, the security, intelligence and law enforcement agencies need to jump through some very significant hoops and go through very robust processes, including, as I have stated, when they seek a targeted communications data authorisation approval by a judicial commissioner before it can take effect. We are satisfied—but this must always be open to challenge—that those processes, safeguards and checks and balances are robust.

We operate in a vibrant democracy, and we in this place always in my experience have vigorous debates about these balances and the need for safeguards. We have debates about pushing back the powers of our law enforcement agencies—whereas in other countries those debates do not take place—and that is a symbol and sign of the health of our democracy. I am sure that at the end of this UQ, we and the watching public will be in no doubt about this House’s commitment to the freedom of the press.