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

Lord Hanson of Flint Excerpts

Tuesday 15th July 2014 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

It is a pleasure to speak at the start of what will be a long day’s debate on this important piece of legislation.

I understand why the Minister has tabled the programme motion, but I, like my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), share some of the concerns about the fact that this problem and challenge first came to light in April, as has been mentioned, when the European Court of Justice struck down the Data Retention (EU Directive) Regulations 2009. I know from my time serving in government that that may not necessarily have come as a surprise to the Government—they may have anticipated such a challenge before April—so since the challenge in April, they have had a considerable time both to prepare a Bill and to introduce one for us to consider in dealing with what I accept is an emergency. In my view, there are good reasons why the legislation must now be passed very quickly, but it is incumbent on the Minister at least to recognise that he could have prepared legislation for the eventuality of the regulations being struck down in the European Court of Justice, and that he could have brought in legislation post-April.

From the new clauses and amendments that we have tabled, the Minister will know that we have some concerns and require some changes. First, we must ensure that provision for a wider review of the Investigation of Regulatory Powers Act 2000 is added to the statute book, with a guarantee that the whole House can understand. Secondly, we must have a regular examination every six months of the operation of any legislation that this House and the other place pass this week. I want to get on to those matters before the day is out, because we will have an opportunity to deal with them today. I am disappointed with the time scales, but the programme motion effectively gives us one and a half days of legislative time to consider such matters. As the Minister said, it is important to get on to discuss those matters.

[Mr Clive Betts (Sheffield South East) (Lab)]

On the six-month period, I understand that Opposition Front Benchers have accepted the Government’s argument that the Bill will do no more than clarify the previous situation and will not extend the Government’s powers in any way. If we pass the legislation and subsequently have doubts about whether powers have been extended, will it be possible for the six-month review to look at the legislation, or are we stuck with it once we have it? What are Opposition Front Benchers trying to achieve?

[Mr Hanson]

I am grateful to my hon. Friend for raising that issue, which is important on two fronts. We have tabled new clause 2 to provide a six-month review, which would be some time in December this year or in January next year. It would look at how the Act passed by this House and the other place had operated up to that time, as well as at other factors that the Minister may have examined following the European Court of Justice’s consideration and the lapsing of the current legislation.

We will then be into a general election campaign, and my hon. Friend will know that in the event of our being elected to government, we will look at some of the wider issues as a matter of course. I hope that we can accept the Government’s understanding of the emergency and help them to cover that emergency, while also leaving scope for looking at how the Act operates in practice. If other new clauses are agreed to today, we would also then be able to consider the wider issues about which I know right hon. and hon. Members have concerns.

Bluntly, investigations into online child sex abuse, major investigations into terrorism and into organised crime, the prevention of young people from travelling to Syria and many issues relating to attempted terrorist activity have depended on and will continue to depend on the type of access that we need through the Bill.

[Dr Huppert]

Will the right hon. Gentleman provide some clarification? In the event of a Labour Government —it is very hard to predict what will happen—will he assure us that if the review recommends changes to provide more privacy and civil liberties safeguards, he will want to implement them?

[Mr Hanson]

We are currently discussing the programme motion and the allocation of time, and I am trying to indicate to the House—including the hon. Gentleman and, indeed, Ministers—that we will support the motion, even though we are disappointed that there was not an earlier and more thorough examination of the Bill.

We recognise that, in the interests of fighting terrorism, child abuse and serious organised crime, the Government are seeking powers to meet their current obligations in the light of the judgment in April. On this occasion, the Government will have our support, and we hope that there will be an opportunity later today to consider in detail some of the new clauses that we have tabled.

[Several hon. Members]

rose—