Investigatory Powers Bill

David Winnick Excerpts

Report: 2nd sitting: House of Commons
Tuesday 7th June 2016 Commons Chamber

[Mr Speaker]

Order. I wish to say, before the hon. Gentleman develops his case, that although I absolutely understand that he speaks for his party from the Front Bench and is entitled to develop his case, I would gently point out that another seven Members wish to contribute, several of whom sat on the Committee, and I most certainly wish to include the Chair of the Joint Committee on Human Rights. It is not a criticism, but I am sure he will tailor his contribution to take account of that fact.

[Mr David Winnick (Walsall North) (Lab)]

On a point of order, Mr Speaker. Will there be time for us to have a Third Reading debate and for those of us opposed to the Bill to show our opposition?

--- Later in debate ---

[Mr Winnick]

I accept, of course, the changes that those on the Labour Front Bench have got from the Government—it would be churlish of me not to say so—and although I voted in all the Divisions with her, I dissociate myself from some of the remarks made by the hon. and learned Member for Edinburgh South West (Joanna Cherry), representing the Scottish National party. I am sure that those on my Front Bench work on the basis of trying to get the best possible arrangements for this measure, and I accept that.

Unfortunately, I do not accept that this Bill is necessary. It would have been even worse if the measures I have mentioned had not been included, although I suspect that the original Bill that came to us on Second Reading would still have been supported by virtually every Conservative Member. As far as I am concerned, the Bill is unacceptable. Despite the changes, it remains the position that internet service providers and others will be compelled in certain circumstances to retain every person’s communication data, texts, emails and, indeed, browsing history. I find that far too intrusive and indiscriminate. It should not be part of such legislation.

It is the first time this has happened. I find it unfortunate that such a measure can be put before the House of Commons, even more so when I take into consideration what happened when the Labour Government were in office and the manner in which the Tory Opposition at every opportunity said that they had such a deep concern for civil liberties. This Bill is hardly an example of such concern.

We are told that the review of such bulk powers—which, as I have said, are totally unacceptable—is to be done by the independent reviewer of terrorism legislation. That is fine, but should it not have been done before the measure came before the House of Commons? Why should it have to wait until the Bill goes to the unelected House of Lords? Why should we not have the conclusions of any such review?

Let me say that literally no one in this House has a monopoly when it comes to wanting to prevent terrorism. All of us deplore the slaughter of innocent people—the manner in which, for example, 7/7 occurred, in which 52 people were slaughtered and so many were injured, and of course the terrorism that goes on abroad. All of us want not just to condemn such terrorism, but to take effective measures to stop it happening in Britain and elsewhere. However, I do not believe that this is the way to achieve that. If I did, I would support the Bill with no hesitation whatsoever, whether I was in the majority or the minority: that would not concern me in the least.

It is interesting to note that, as I pointed out on Second Reading, a former technical director of the United States National Security Agency—who presumably had a fair amount of knowledge of such matters—argued, in an article in The Times, that bulk collection simply did not work. It did not work, Bill Binney said, because dealing with such vast amounts of details defeated the purpose. He made the good and valid point that what was required was the targeting of suspects and their social network—the targeting of those who, in the eyes of the security authorities and the police, were likely to cause damage and murder in our country.

I greatly regret that I cannot support the Bill, and believe that it should be defeated. I do not know what the House of Lords will do, but if the Bill is passed there, I hope that it will incorporate amendments that will make it somewhat more acceptable. However, one thing is certain: when I look back on my many years in the House of Commons, if I live long enough to reflect on votes in which I have participated, I shall be pleased that I voted against this Bill. It will give me some satisfaction that I voted against a measure that intrudes on civil liberties on such an extensive scale.

[Several hon. Members rose—]