Data Retention and Investigatory Powers Bill (Business of the House)

Caroline Lucas Excerpts

Tuesday 15th July 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the following provisions shall apply to the proceedings on the Data Retention and Investigatory Powers Bill:

Timetable

(1) (a) Proceedings on Second Reading and in Committee, any proceedings on Consideration, and proceedings on Third Reading shall be completed at today’s sitting in accordance with the provisions of this paragraph.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 5.00pm.

(c) Proceedings in Committee and any proceedings on Consideration shall be brought to a conclusion (so far as not previously concluded) at 9.00pm.

(d) Proceedings on Third Reading shall be brought to a conclusion (so far as not previously concluded) at 10.00pm.

Timing of proceedings and Questions to be put

(2) When the Bill has been read a second time:

(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put.

(b) proceedings on the Bill shall stand postponed while the Question is put, in accordance with Standing Order No. 52(1) (Money resolutions and ways and means resolutions in connection with bills), on any financial resolution relating to the Bill.

(c) on the conclusion of proceedings on any financial resolution relating to the Bill, proceedings on the Bill shall be resumed and the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(3) (a) On the conclusion of proceedings in Committee, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions (but no others) in the same order as they would fall to be put if this Order did not apply:

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

(5) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(6) If two or more Questions would fall to be put under paragraph (4)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

(7) If two or more Questions would fall to be put under paragraph (4)(d) in relation to successive provisions of the Bill, the Chairman or Speaker shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Consideration of Lords Amendments

(8) (a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(9) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (8).

(b) The Speaker shall first put forthwith any Question already proposed from the Chair.

(c) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith:

(i) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and

(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(d) The Speaker shall then put forthwith:

(i) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(e) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.

(f) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.

(g) As soon as the House has:

(i) agreed or disagreed to a Lords Amendment; or

(ii) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

the Speaker shall put forthwith a single Question on any Amendments that are moved by a Minister of the Crown and are relevant to the Lords Amendment.

Subsequent Stages

(10) (a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(11) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (10).

(b) The Speaker shall first put forthwith any Question which has been proposed from the Chair.

(c) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(d) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

(e) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

(12) (a) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.

(b) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(c) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.

(d) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (c), the Chair shall:

(i) first put forthwith any Question which has been proposed from the Chair, and

(ii) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(e) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

(13) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.

(14) (a) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

(b) Standing Order No. 15(1) (Exempted business) shall apply to those proceedings.

(15) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

(16) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to recommit the Bill.

(b) The Question on any such Motion shall be put forthwith.

(17) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(b) The Question on any such Motion shall be put forthwith.

(18) The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates) on a day on which the Bill has been set down to be taken as an Order of the Day before the conclusion of any proceedings to which this Order applies.

(19) (a) Sub-paragraph (b) applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.

(b) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(21) (a) Any private business which has been set down for consideration at 7.00pm, 4.00pm or 2.00pm (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between 7.00pm, 4.00pm or 2.00pm (as the case may be) and the conclusion of those proceedings.

(22) At the sitting of the House on Thursday 17th July, the Speaker shall not adjourn the House until–

(a) any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at the sitting has reported; and

(b) the Speaker has reported the Royal Assent to any Act agreed upon by both Houses.

I will be brief, as I want to leave as much time as possible for the substantive debate on the matters before the House today. I hope that all right hon. and hon. Members appreciate the urgency of the issues contained in the Bill. As my right hon. Friend the Home Secretary made clear in her oral statement last week, it is crucial that we act now to ensure that our law enforcement and intelligence agencies have the tools they need to keep us safe.

[Caroline Lucas (Brighton, Pavilion) (Green)]

If the Bill is so urgent, will the Minister explain why it was not introduced three months ago, as soon as the European Court of Justice judgment was announced? Why are we debating it in one day, just before the recess?

[James Brokenshire]

My right hon. Friend the Home Secretary explained the situation clearly in her statement last week. The judgment was made in April and we have sought clarity on it. Indeed, the pressure brought to bear by other legal challenges and the industry itself has made it necessary to clarify these essential measures and tools relating to the ability of our law enforcement and security services to assure us of our national security and to combat crime. I am sure we will get into those issues in the substantive debate, so I do not want to detain the House too much on them.

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

You rightly counsel us to be brief, Mr Speaker, and I will be of course, but it is important to challenge the timetable motion, particularly because with this Bill—perhaps above all others—process and content are absolutely connected. There is no justification for rushing through legislation without proper scrutiny and due process. The right hon. Member for Blackburn (Mr Straw) said that he thought there was no reason not to rush it through, but my answer would be that the reason is precisely that of parliamentary sovereignty and the importance of parliamentary scrutiny. That is what we are here to do. The European Court of Justice made its judgment about data retention in the Digital Rights Ireland case three months ago. Since then, no action has been taken to address the implications of that judgment until suddenly a few days before the parliamentary recess—apart, it would seem, from some secret talks that have been basically cooked up between the three big parties to bypass due process when it comes to the fundamental rights of UK citizens.

A number of organisations wrote to the Home Secretary at the time of the ECJ judgment to express the view that the regulations no longer stood, but this elicited a response that they were still legally in force and that service providers had been advised that they should continue to observe the notice obligation set out in the data retention regulations. In other words, the Home Secretary knew this point was coming, yet appears to have turned a blind eye. That she is now seeking to fast-track such controversial legislation is deeply concerning.

I am also worried that the Bill is an attempt to circumvent other legal proceedings, namely a judicial review, happening in this very week, that challenges the legality of the Data Retention (EC Directive) Regulations 2009 and could see the regulations declared unlawful by a UK court as well as by the ECJ. Any new regulations could also be subject to judicial review if they do not comply with the Digital Rights Ireland judgment.

As other hon. Members have said, it is outrageous that we have been granted one day in which to debate and scrutinise a Bill of such significance. It is even more outrageous that this is being blamed on a totally manufactured emergency and represented as doing nothing other than maintaining the status quo. That is not accurate. This is a huge power grab under false pretences. Notwithstanding the fact that the status quo has been ruled a breach of fundamental rights, the provisions in the Bill, specifically clause 4, extend the territorial reach of the laws relating to data retention. It brings overseas communication companies providing services within the UK into the scope of the Regulation of Investigatory Powers Act 2000. The implications of this are well understood by my constituents in Brighton, who have been lobbying me since last week. As one said, we have democratic process for a reason: to prevent such Bills from becoming law on the basis of a nod and a wink.

Finally, let us also not forget the ECJ judgment that the blanket retention of data is unlawful. Rushing through a Bill in one day is bad enough. To do so while inaccurately claiming that the proposals do nothing more than maintain the status quo is worse, but to do so when the contents of the Bill that do relate to the status quo have been unequivocally judged in breach of the EU’s charter of fundamental rights is nothing short of outrageous.