Data Retention and Investigatory Powers Bill

Anne Main Excerpts

Tuesday 15th July 2014 Commons Chamber

[Yvette Cooper]

I want to come on to that point in detail, because it is an important one. The wider considerations, the detailed review of the legislation and the public consultation that we need will take longer than just five months, and it is important that this is not simply about repeated sticking-plaster legislation. We need to have a sustainable debate about how to get the right kinds of reforms to sustain the framework for the longer term and, crucially, about how we get public consent in this.

In the US, they have had a public debate. President Obama led a debate on liberty and security after the Snowden leaks, setting up an independent review group last summer. His response robustly defended much of the work that the US agencies do as vital to national security, but he also recognises the need for stronger safeguards. Our system has many more legal safeguards than the US system. For example, our warrant system is much narrower than theirs, and rightly so. We also have strong public support for the work of our intelligence services and the police, but that is no reason to avoid the debate and hope that it will go away. That is what I believe that the Government have done since last summer.

[Mrs Anne Main (St Albans) (Con)]

I want briefly to reinforce the right hon. Lady’s point. I have just come back from talking to St Albans Women’s Institute and the ladies made exactly that point. They asked what the difference would be, what it was all about and what it will mean to the public. There will be a problem in getting the message across through the media and the public will not understand why there has been this sudden rush to legislation

[Yvette Cooper]

The hon. Lady is right. Although we know that there are issues about the Court judgment and its implications over the summer, there will be considerable concern about the pace at which this Bill has been introduced and has been debated in Parliament. The short-term debate would be easier if there had been a wider longer-term debate about the question of a sensible framework in which the public could feel involved and have their say. If emergency issues came up, as they will from time to time—for any Government in any circumstances there will be court judgments that suddenly mean that an emergency response is needed—it would be so much easier to have the emergency debate against a backdrop in which the broader issues of security and liberty, and how we balance them in an internet age, are being properly debated and discussed, with public involvement.

Those of us who believe in the vital work the police and agencies need to be able to do should be the most ready to debate both the powers and the safeguards that are needed, because they must have public consent. We cannot hide behind a veil of secrecy. Of course, that debate must be handled with care so that we do not expose important intelligence capabilities that need to be kept secret to be effective, but we can have a debate about the legal framework, about the principles and about the powers and safeguards we need.

We know the vital work that we want the police and agencies to be able to do: building the intelligence that foils terrorist attacks; providing the fast response needed to find the last location of a missing child or murder victim; and stopping online fraud and cyber-attacks, which are escalating with every month. We also know that people will only continue to support those vital powers if they also know that there are proper safeguards: protection for innocent people’s privacy; public reassurance about what that protection really is; safeguards so that powers cannot be abused; safeguards, checks and balances on what the police and intelligence agencies can do; and a Government and Parliament that recognise that this is difficult and do not try just to sweep it all under the carpet and deny the public a say.

The lack of a wider debate is making it harder to have a short-term debate today. This is not the right way to have this debate. However, I also believe that we cannot reject this legislation now; it would be wrong to do so. We need to support it today, but we must also use it to get the wider debate that we need.

Let us be clear about what is at stake. The Court judgment means that the regulations on data retention need to be replaced; otherwise, they will fall altogether. This is about the requirement for companies to hold their billing data and other communications data for 12 months. This does not refer to the content of the calls and messages; it just covers the communications data. If the police are investigating a crime or pursuing an emergency that involves risk to life or limb, they can get a warrant and ask the companies to hand over the data relating to the suspect. As the Home Secretary has said, these data are used to identify conspiracies, prove alibis, locate missing children and find out who is committing online crimes or sending online child abuse. The police need warrants to do this, and the data do not tell us what people are saying. They cannot tell us the content of an e-mail—that is private—but they can help us to solve crimes.

These data are particularly important in dealing with serious and organised crime. For example, they can show that drug dealers who claim not to know each other have in fact been calling each other every week. They can show who the armed robber called to help him get away from the scene of a crime, or where a missing child was when their phone was switched off. They can also help to trace who a terror suspect contacted before they went to Syria, for example, and to work out who might be grooming or radicalising more young people to go there.

These data are used in court in 95% of the serious and organised crime cases that reach prosecution. They are particularly important in relation to online child abuse, because they allow the police to get warrants, to contact companies to find out the name and address of the person who has sent vile images of child abuse and to rescue children who are being hurt. A recent Child Exploitation and Online Protection Centre investigation resulted in the arrest of 200 suspects and identified 132 children who were at risk of abuse. The prosecutions and actions needed to rescue those children were made possible only through the use of communications data. A similar investigation in Germany, where communications data are not held, led to only a handful of cases being investigated.

The Assistant Commissioner of the Metropolitan police has described the importance of communications data to rape investigations. She has said:

“As to robberies and rapes, it is very usual for phones to be stolen. The stranger rapist, on many occasions, will take the phone from the victim and within 24 hours we find the rapist.”

The data also protect our children’s safety. In one case that the Joint Committee looked at, an online help service contacted the police, worried about a child who had posted on their website a threat to commit suicide. The police contacted the relevant companies, which helped to track down the service user’s name and address, then sent the local police to the door to find that the child had hanged himself but was still breathing. Fast action and communications data saved his life.

It is because we recognise how crucial this evidence is to so many investigations that we believe it would be too damaging to the fight against crime and terrorism for the police to lose this information this summer. The Government have rightly made changes to ensure that the new legislation can comply with the ECJ directive. They have narrowed the number of organisations that can access the data, for example, and introduced further safeguards to ensure that the process is necessary and proportionate.

The second part of the Bill is more complex, as it addresses the global nature of our telecommunications. Increasingly, the companies that help us to communicate with each other, with the family members we live with and with our neighbours and friends down the road, are based abroad. They should not be excluded from UK law just because of where their headquarters are based. International companies have been covered by and complied with RIPA for many years. Indeed, the legislation has always made it clear that companies should be covered if they provided services in the UK. We recognise, however, that other court judgments have made it more important to be explicit about legislation that has extraterritorial effect, rather than just leaving the arrangements implicit in the legislation. Again, it would jeopardise important intelligence if we were to ignore this factor.

Similarly, on telecommunications data, we have sought assurances from the Home Secretary that these measures are not an extension of powers and that they are only a clarification of the arrangements that already exist and of practices that already take place. It is important to recognise that this is not just about the legislation. The Home Secretary has now given the House assurances that the way in which she issues warrants will comply with that intention not to extend those powers, and that this is simply about maintaining the powers that are already in place.

This means that the safeguards are extremely important. The safeguards in the Bill and in the regulations are welcome. They ensure that the legislation is temporary, as well as restricting the purposes of the legislation so that it cannot be used only for purposes of economic well-being, and restricting the number of organisations that have access to data. We welcome the proposals for a privacy and civil liberties board, although we will need more debate about how that should work and how it should fit with our proposals to overhaul the commissioners and ensure that there is stronger oversight.