Oral Answers to Questions

Afzal Khan Excerpts

Tuesday 28th April 2020 Commons Chamber

[The Attorney General]

Clearly, any bail should be for the shortest possible period, because it restricts the ability of an individual to carry out their normal life while they remain innocent until proven guilty. Each case needs to be assessed on the individual facts, including the potential risks posed by a defendant of, for example, further offending or absconding. There are statutory limits underpinning the conditions that can be imposed, and the defendant has a right to apply to the court to vary or remove any conditions of bail. We need to ensure that these cases continue to be dealt with expeditiously, and the CPS is working with the judiciary to consider options for restarting some trials while maintaining social distancing.

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

What discussions she has had with the Secretary of State for Health and Social Care on the effect of the covid-19 contact tracing app on civil liberties.

[The Solicitor General (Michael Ellis)]

Thank you very much, Mr Speaker. It is a pleasure to be here and to see you—virtually or otherwise.

Her Majesty’s Government are actively considering a range of further options for managing the effect of the outbreak of covid-19. A careful assessment of any implications for civil liberties, including the impact on human rights, equality and privacy, will be an important part of these considerations.

[Afzal Khan [V]]

I welcome the Government’s new focus on testing, tracing and containing the coronavirus, and I believe that the NHS contact tracing app has an important role to play. However, does the Attorney General agree that the legal basis for processing personal data by such an app should be set out in legislation and that this should include a measure that ensures the app stores data in a decentralised manner?

[The Solicitor General]

I am very pleased that the hon. Gentlemen is supportive of the contact tracing app. It is very important because everyone will benefit from the app. If enough people with smartphones download it, it will help stop the spread, slow the epidemic, and protect the NHS. I can assure him and others that the app will be for voluntary participation only. There will be no private identifiable information on it. The whole process will be compliant with data protection and there will be an ethical advisory board monitoring it.