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

David Davis Excerpts

Tuesday 15th July 2014 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

To follow on from my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind), I think that we are looking at a third category: a piece of legislation that is being renewed, but that has fallen into disrepute over the years in which it has been used. That is why this Bill is more important than a simple renewal.

There is an emergency—a legal emergency—but it started on 8 April. It was eminently predictable because, as far back as 2010, the European data protection supervisor said that the data retention directive was

“without doubt the most privacy invasive instrument ever adopted by the EU”.

Data retention has been struck down in Germany and Romania, and there have been difficulties in other countries. The two requests to the European Court of Justice came not from bogus organisations, but from the Irish High Court and the Constitutional Court of Austria. Those were therefore serious revisions and it was entirely probable that we would find ourselves in the situation that we are in today.

Why has it taken three months? Why was the legislation not pre-prepared? Why was the deal with the Labour party not struck in advance? My understanding is that there was an argument inside the Government between the two halves of the coalition. That argument has gone on for three months. What the coalition could not decide in three months, this House has to decide in one day. That seems to me entirely improper.

[Dr Huppert]

Will the right hon. Gentleman give way?

[Mr Davis]

No, I am going to be very fast and finish on this point.

Parliament has three roles: to scrutinise legislation, to prevent unintended consequences and to defend the freedom and liberty of our constituents. The motion undermines all three and we should oppose it.