Investigatory Powers Bill

Baroness Harding of Winscombe Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 19th October 2016 Lords Chamber

[The Lord Bishop of Chester]

My Lords, I am sure we do not want to prolong this debate. As I said on Monday, I was a member of the pre-legislative scrutiny group. You might wonder why a Bishop was invited to be part of that exercise, but I think it was because of this point—the ethics of interference with privacy. I am sorry that the discussion so far has almost become too polarised, because the noble Lord, Lord Paddick, is making a serious point, which I demonstrate by quoting David Anderson in his evidence to the Joint Committee on Human Rights. He said:

“I think there is a human rights issue in relation to this Bill that dwarfs all the others, and it is the question of the compatibility of bulk collection and retention of data with Article 8 of the European convention”.

The noble Lords, Lord Paddick and Lord Oates, make a serious point and we should acknowledge it, even if we come down on the side of the noble Lord, Lord King—as I do—that these powers are necessary and proportionate. The argument is about the safeguards—namely, that the warrant has to be personally signed by the Secretary of State, lapses after six months if it is not renewed, and is subject to the judicial commissioners. The real argument is about that. I do not think internet connection records are in principle different from other things that might be intercepted. However, I acknowledge the serious ethical point that the noble Lords, Lord Paddick and Lord Oates, raised, even if I come down on the side of the Government and the noble Lord, Lord King, in opposing the amendment.

[Baroness Harding of Winscombe (Con)]

My Lords, I fear that we are repeating the debate we had the day before yesterday. If noble Lords look at this amendment, they will see three reasons why they could support it. One is if they feel that bulk data powers are unacceptable in any circumstances. A second is if they feel that the elaborate controls referred to by my noble friend Lord King and the noble Lord, Lord Carlile, are not good enough. The third is if they object in principle to the collection of internet connection records. From what I have heard this afternoon, the argument of the noble Lord, Lord Paddick, is entirely the third point. I respect his view on internet connection records but we debated this on Monday and the view of the House was very clear. I fear that we are simply repeating that discussion. We should move on.

[Lord Rosser (Lab)]

As the noble Lord, Lord Paddick, said, David Anderson QC commented in his report that neither the Bill nor the draft code of practice rules out the future use of the bulk acquisition power for internet connection records. Internet connection records are not currently acquired in bulk but existing legislation already permits the agencies to acquire such records in bulk, albeit there appears to be no present intention to do so.

The effect of this amendment would be to remove an existing legislative provision which could be needed in the future for bulk acquisition—bulk acquisition which David Anderson QC found had contributed significantly to the disruption of terrorist operations and, through that disruption, almost certainly to the saving of lives, and which had also been demonstrated to be crucial in a variety of fields. In addition, any such application in the future to obtain such data by the security and intelligence agencies would be covered by the relevant safeguards in the Bill, including in relation to necessity and proportionality in the interests of national security and the approval process.

This Bill is, among other things, about the appropriate balance between security and privacy. We clearly have a different view from that of some other noble Lords on where that appropriate balance lies. Our view is that, for the reasons I have sought to set out, we are unable to support this amendment and, if it is put to a vote, we shall oppose it.