New Partnership with the EU

Debate between David Davis and Andy Burnham

Tuesday 17th January 2017 Commons Chamber

[Andy Burnham (Leigh) (Lab)]

As the Secretary of State knows, I support reforming freedom of movement, but in a way that does least damage to the economy, and particularly the regional economy. I see in the Prime Minister’s speech today that she makes specific mention of protecting the interests of Cardiff, Edinburgh, Belfast and the City of London, but there is no mention at all of the north-west of England, Greater Manchester or, indeed, any English region. Rather than leaving these crucial decisions to a London-centric, right-wing clique around the Prime Minister, is it not time now to open up this debate, give Greater Manchester a voice in it and establish a Brexit committee for the nations and regions?

[Mr Davis]

If the right hon. Gentleman is not careful, I shall invite him to jump on the M62 and come to visit me at my home in Yorkshire—that right-wing bastion in the north of England. What I would say to him is this: as he might imagine, I am acutely conscious of the needs of the north, and what I am intending to do—I had not intended to announce it today, but I will, since he has asked—after the mayoral elections is to get all the mayors of the north to come and have a meeting in York to talk about precisely that.

Parliamentary Scrutiny of Leaving the EU

Debate between David Davis and Andy Burnham

Wednesday 12th October 2016 Commons Chamber

[Mr Davis]

I am afraid that that intervention is rather a demonstration of one of the problems that we have with the language on this issue. People have been talking about “hard Brexit” and “soft Brexit”, which mean very little. Attempts have been made to pigeonhole what could be any one of a whole range of outcomes in market terms. We have not yet started a negotiation with the European Union and there is a whole spectrum—from free trade area, to customs union, to the single market arrangement. The shadow Secretary of State was laying out some of those possibilities. We are not going to go for a Norwegian, Turkish or Swiss option—we are going for a British option, which will be tailored to our interests and better for our interests than any other option.

[Andy Burnham (Leigh) (Lab)]

The right hon. Gentleman’s non-answer to the reasonable question asked by the right hon. Member for Broxtowe (Anna Soubry) illustrates the point. The reason he is struggling today can be found in the words of Sir Andrew Cahn, who said in September:

“I find it…shocking…that David Cameron as Prime Minister prohibited the civil service from doing preparatory work…I think it was a humiliation for this country that our partners in Europe should say: ‘You’ve voted for this, but you have no idea what you want’”.

Can the right hon. Gentleman give any plausible explanation for that serious dereliction of duty by the former Prime Minister?

[Mr Davis]

There are very many things I could do at this Dispatch Box, but criticising David Cameron is not one of them.

Investigatory Powers Bill

Debate between David Davis and Andy Burnham

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[Andy Burnham]

My mistake; I did hear the Solicitor General say that he was meeting those bodies this week. It is a little disappointing—I am not making a petty point—as we wish we could have made more progress before this debate. As the right hon. Member for Haltemprice and Howden (Mr Davis) said, this is extremely important, and our debates would be improved if there had been more progress in this area. Nevertheless, it is clear that this is firmly on the Solicitor General’s radar, and the excellent points made by the hon. Member for Bromley and Chislehurst (Robert Neill) show that there is concern in all parts of the House about moving further to get this right. In the absence of acceptable Government amendments, amendments 139 to 141 tabled by my right hon. and learned Friend the Member for Camberwell and Peckham are a step in the right direction. If amendments were forthcoming from the Government, we would certainly support them.

[Mr David Davis]

This point has just occurred to me, looking at the exchange of letters between Front-Bench spokespeople on bulk collection. What the right hon. Gentleman has been saying about privilege, whether legal, parliamentary or journalistic, applies only to targeted interception, but a great deal of bulk interception is shared with our allies, the National Security Agency, and there is no carve-out for any of the protections that he has discussed. I can think of circumstances in which lawyers might be targeted by the NSA because their clients are suspects—or, indeed, irritating Members of Parliament might be targeted; I am thinking of the right hon. Gentleman. In the discussions between the Front-Bench spokespeople, when the bulk collection inquiry is progressed, that should be picked up, so that the issue is dealt with.

[Andy Burnham]

I do not know whether that was a compliment, but I will take it as such. The right hon. Gentleman raises an important point. To be fair to the Government, there has been movement on thematic warrants: if an MP or a journalist was to be added to a thematic warrant, there would be a judicial oversight process. The right hon. Gentleman mentions taking that principle even further and relating it to bulk data. I think that David Anderson would need to consider how practically possible that would be, but the right hon. Gentleman’s point needs to be considered.

Labour amendment 262 relates to trade unions and would amend clause 18 to ensure, in statute, that undertaking legitimate trade union activities is never in future a reason for the security services or police using investigatory powers. In recent times, we have been shining a light on this country’s past and learning more about how we have been governed and policed. Revelations about Bloody Sunday, Hillsborough, phone hacking, child sexual exploitation and other matters have all in different ways shaken people’s faith in the institutions that are there to protect us. They raise profound questions about the relationship between the state and the individual. Confronted with those uncomfortable truths about abuses of power, this House needs to provide a proper response and legislate to prevent them in the future. We need to redress the balance in favour of ordinary people and away from the Executive.

Investigatory Powers Bill

Debate between David Davis and Andy Burnham

Tuesday 15th March 2016 Commons Chamber

[Andy Burnham]

I will come to that very point, but these are not historical matters, because the convictions I just referred to still stand. I pay tribute to the Government, because they have a good record on this, but we need to go further to give the full truth about some of the darkest chapters in our country’s past, so that we can learn from them and then build the right safeguards into the Bill. The Bill will fail unless it entirely rules out the possibility that abuses of the kind I have mentioned could ever happen again. That is the clear test I am setting for the Bill.

That is also why I welcome the principle of the Bill. It leaves behind us the murky world of policing in the ‘70s, ’80s and ’90s, and holds out the possibility of creating a modern and open framework that makes our services more accountable while containing much improved safeguards for ordinary people. The Bill makes progress towards that goal, but it is far from there yet. It is clear that the Home Secretary has been in listening mode and responded to the reports of the three parliamentary Committees, but of the 122 recommendations in the three reports, the Government have reflected less than half in the revised Bill. She will need to be prepared to listen more and make further significant changes to the Bill if she is to achieve her goal of getting it on to the statute book by December.

I want to take the House through six specific concerns that we have with the Bill. The first is on privacy. As I said, people have a right to maximise their personal privacy, and given people’s worries about the misuse of personal data, the Intelligence and Security Committee was surely right to recommend that privacy considerations be at the heart of the Bill. A presumption of privacy would set the right context and provide the basis from which the exceptional powers are drawn. It would be the right foundation for the whole Bill: respect for privacy and clarity that any intrusions into it require serious justification. The Home Secretary said that privacy protection was hardwired into the Bill. I find it hard to accept that statement. I see the changes on this point as more cosmetic; they have not directly answered the Committee’s concerns. I therefore ask the Government to reflect further on this matter and to include a much stronger overarching privacy requirement, as recommended by the Committee, covering all the separate powers outlined in the Bill.

Also on privacy, we do not yet believe that the Government have gone far enough to protect the role of sensitive professions. The Committee noted that the safeguards for certain professions must be applied consistently across the Bill, no matter which investigatory power is being used to obtain the information, but it is hard to see how that is achieved at the moment. On MPs and other elected representatives, the Bill codifies the Wilson doctrine, but there is a question about why it stops short of requiring the Prime Minister to approve a warrant and requires only that he be consulted. The Bill could be strengthened in that regard. On legal privilege, the Law Society has said that, although it is pleased to see that the Government have acknowledged legal professional privilege, it needs more adequate protection, and it believes that that should be in the Bill, not just the codes that go with it.

[Mr David Davis]

On the Wilson doctrine, the wording of the Bill, as I understand it, relates to communications between Members of Parliament and constituents. That does not cover the whole Wilson doctrine, which covers communications between Members of Parliament and whistleblowers, between Members of Parliament and each other, and between Members of Parliament and campaigning organisations. They should all be protected. Does the right hon. Gentleman agree?

[Andy Burnham]

I do agree with the right hon. Gentleman. I was making the point that the provisions need to be strengthened in respect of prime ministerial approval, but also in the way that he describes to give our constituents that extra trust, so that if they come to speak to us in our surgeries, they can be sure that they are speaking to us and nobody else.