Investigatory Powers Bill

Chris Philp Excerpts

Tuesday 15th March 2016 Commons Chamber

[Mrs May]

My hon. Friend raises an important point. Many internet service providers, for example, offer services here but they are predominantly based in other countries. That is why the Government have been progressing, and continue to progress, discussions with the United States’ authorities about the whole question of the circumstances under which warrants issued lawfully in the United Kingdom can be exercised in the United States. We have always asserted territorial jurisdiction of those warrants under the Regulation of Investigatory Powers Act 2000. In fact, the previous Labour Government, who introduced RIPA, also established that territorial jurisdiction. It has never been tested, but we are putting that discussion with the United States into place.

[Chris Philp (Croydon South) (Con)]

The Home Secretary recently met my constituent Barry Bednar, whose 14-year-old son Breck was groomed online and, tragically, murdered. Could she explain to the House how the provisions in the Bill will help to prevent a repetition of Breck’s tragic murder?

[Mrs May]

My hon. Friend has represented his constituents very well in that matter, and it was an absolutely tragic case. I know the enormous distress that has been caused to Breck’s parents, not just by the initial grooming of their son and its sad consequences, but by other actions that have taken place since in relation to the case. What we are doing in this legislation is important, because it will ensure that the authorities, the agencies, law enforcement and the police will have the powers to enable them better to investigate incidents such as that which led to Breck’s sad death.

Part 1 of the Bill responds to recommendations by David Anderson and others by restricting the use of powers outside the legislation to undertake equipment interference. Where the police or the security and intelligence agencies wish to interfere with a computer or a smartphone to obtain vital evidence and intelligence, a warrant under the Bill will be required. As I have indicated, the Bill also responds to the recommendations of the Intelligence and Security Committee and places a statutory bar on the making of requests, in the absence of a warrant, to other countries to intercept the communications of a person in the UK. There can be no suggestion that the security and intelligence agencies could use their international relationships to avoid the safeguards in the Bill. In answer to a couple of questions earlier I referred to the territorial jurisdiction of the Bill. For the avoidance of doubt, I clarify that I meant, of course, the extraterritorial jurisdiction of the Bill.

The House will know that interception—the obtaining of the contents of a communication, by, for example, listening to a telephone call or reading the contents of an email—is one of the most sensitive and intrusive capabilities available to law enforcement and to the security and intelligence agencies. It is also one of the most valuable, and over the past decade, interception in some form has played a part in every top-priority MI5 investigation. The Bill restricts that power to only a handful of agencies and allows for warrants to be issued only where they are necessary and proportionate for the prevention or detection of serious crime, in the interests of national security or in the interests of the economic wellbeing of the United Kingdom, where that is linked to national security.

Authorising warrants is one of the most important means by which I, the Foreign Secretary and the Northern Ireland Secretary hold law enforcement and the security and intelligence agencies to account for their actions. In turn, we are accountable to the House and, through its elected representatives, to the public.

Part 2 of the Bill will introduce an important new safeguard. As now, a Secretary of State will need to be satisfied that activity is necessary and proportionate before a warrant can be issued, but, in future, it will not be possible to issue a warrant until the decision to issue it has been formally approved by a judicial commissioner. That will place a double lock on the authorisation of warrants. It will preserve that vital element of democratic accountability, but it will, for the first time, introduce independent judicial authorisation.

--- Later in debate ---

[Chris Philp (Croydon South) (Con)]

Clearly, when we grant the Government powers to infringe on our privacy, such powers must be deemed absolutely necessary. No case better shines a light on what may be considered necessary than one that arose in my constituency a short time ago. Barry Bednar’s 14-year-old son was groomed online over the course of some months. He was lured to the flat of someone called Lewis Daynes, where he was brutally murdered. When speaking to Barry Bednar and the boy’s mother, Lorin LaFave, it is very clear that powers such as these are absolutely necessary to protect young people like Breck from being groomed online, to help the authorities to investigate such offences, and to prevent further offences from taking place.

We always face a choice in these matters, and I choose to stand with victims like Breck. I choose to stand with Breck’s mother and father in doing everything we can to prevent, to investigate, and to catch the perpetrators of crimes like these. If the price I have to pay for that is that my internet browsing history gets stored or the authorities have certain powers to intercept my communications, then I am very happy to pay it in order to protect young men and women like Breck Bednar. That is why I will support Second Reading of the Bill. I thank the Home Secretary for taking the time to meet Barry Bednar and Lorin LaFave about two weeks ago. They were very grateful for the time that she took to listen to their concerns, and I want to put on record my thanks to her for doing that.

Since the shadow Home Secretary is now in his place, I will take the opportunity to respond briefly to a point that he raised in his speech. He made great play of the question of economic wellbeing, which concerned him. He mentioned an example from 1972, and the fact that he had to go back as far as 1972 to find an example tells us something. I draw his attention to clause 18(4), which I believe addresses his concern. It states that the test of economic wellbeing can be applied only to interception requests that are not in the United Kingdom. The concerns that he raised about the conduct of trade unions and so on would not apply because the test relates only to matters outside the United Kingdom. I hope that that gives him the reassurance that he requires.

I believe that the Bill is proportionate and reasonable. I am comforted by the judicial oversight that is in place, and I will most certainly support the Bill in the Division Lobby this evening.