Crime (Overseas Production Orders) Bill [Lords]

Debate between Ben Wallace and Chris Leslie

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 30th January 2019 Commons Chamber

[Mr Wallace]

I totally agree. The hon. Lady will have heard the example I had to listen to. That was a sobering and scary experience. It is an experience that our law enforcement officers hear every single day and it is our duty to find a balance. I wish we had our own Google. I wish that all my constituents’ data were held in the United Kingdom so we would have more control over it. But the fact is we live in the world we do. That is the tragedy and it makes us have to make deals that might not always be, as we would wish, perfect. But in this case, I am concerned, like her, that what must come first is the children’s needs and dealing with terrorists, illicit finance and all the oligarchs we worry about—and Labour Front Benchers also worry about—and how we are going to get them. Until we can crack that data map, this is something that is important.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

The Minister is making an important case for the provisions in the Bill, and I agree that we have to have this data sharing. We have to speed this up and get on with it. His new clause 1 looks like a pretty reasonable compromise to provide the necessary reassurances. It looks fairly complete to me, and I can see no reason why the House would not unanimously agree to it.

[Mr Wallace]

The hon. Gentleman is right. Further amendments that we have tabled provide for concessions to protect journalistic data. I have taken on board these points from Members on both sides of the House. Throughout the Bill, I have met many Opposition colleagues, including my shadow, the hon. Member for Torfaen (Nick Thomas-Symonds), on numerous occasions, and we have offered concessions that have never been offered before. One of them will put in primary legislation a mandate for the Secretary of State to seek assurances. In my view, we cannot go beyond that and force them to get those assurances, because a responsible Government might not have the upper hand at the time or have the leverage to do that, but the necessity for security is important.

This will be the first time that that has been put in primary legislation. It will put in place a policy that existed in loose form under the last Labour Government, when, in exceptional circumstances, Ministers were allowed not to seek assurances. The overseas security and justice assistance—OSJA—guidance was published in 2010 by the coalition Government, of which I think the right hon. Member for Kingston and Surbiton (Sir Edward Davey) was a member. That put in writing part 9. There are occasions on which we might be allowed not to seek a death penalty assurance, but I do not want that to become the dominant force. As I have said, we have not found a single example in the past 20 years that produced this challenge or quandary for a Minister. This is simply about comms content data; that is all it is about.