Investigatory Powers Bill

Diana Johnson Excerpts

Tuesday 15th March 2016 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

If we are to take the public with us on this important Bill, we need to be clear about what we want to achieve, and we need to be very precise in our language. We need a law enforcement framework that is fit for the 21st century, that matches technological advancement and that deals with the way that criminals have very effectively exploited technology. When we are tackling cases of terrorism or child abuse, we need to leave the public in no doubt as to whose side we are on. I want a law that is fit for purpose, is not outdated and is future-proofed as far as it can be.

I specifically want to talk about child abuse and the role that this legislation can play in trying to tackle online child abuse, which we have seen so much of in recent years. I also want to register my concerns about privacy. I know that the Committees that considered the draft legislation raised a number of issues, including privacy, the need to be very clear about privacy in the drafting, and the fact that some of the drafting is not as clear as it could be.

On child abuse, we know that, unfortunately, paedophiles have very quickly exploited the internet for disseminating and distributing child abuse images. We know that there are about 50,000 people in the UK who are accessing these abusive images each year. I am disappointed to say that, when the Child Exploitation and Online Protection Centre disappeared and was subsumed into the National Crime Agency, the number of paedophiles being identified and prosecuted in the UK started to fall, when we know that there is a rise in the number of people looking at these child abuse images. In fact, in Operation Notarise, it was found that between 20,000 and 30,000 suspects were looking at these images, but only 745 people were arrested. That is simply not good enough.

I was very disappointed to read a quote from the Minister for Policing, Fire, Criminal Justice and Victims, the right hon. Member for Hemel Hempstead (Mike Penning), who said, agreeing with what the head of the National Crime Agency had said:

“it is unrealistic to say that we will be able to go after, prosecute and convict in every single case”—

of child abuse. He said that the head of the NCA’s

“honesty was refreshing.”

Well, I do not think arresting less than 5% of suspected abusers is something that we should be proud of. As my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said, if we can arrest 111,000 people suspected of drug offences a year, we should be able to arrest 25,000 people suspected of looking at child abuse images.

It is clear to me that part of the problem around why we are not making those arrests is the limitations in the legislation that we are working with. I want to see people such as Myles Bradbury, the doctor who was abusing his young patients, and Gareth Williams, the teacher who was abusing his pupils, brought to book far more quickly. We need an updated framework, we need to be able to identify offenders, and we need to update the warrant procedure and the investigation procedures. If we are to do that, the public need to be reassured that there is clear drafting. At the moment, it is easy to see what traditional surveillance looks like—tapping a telephone or following someone in the street—but it is much harder for the public to understand how we map surveillance on to online communications. We need clarity about the status of Twitter, Facebook and Instagram.

If we do all that, it should be possible to produce a workable system with all the necessary safeguards of privacy and fundamental liberties—a system that protects the innocent as much as it protects the vulnerable, and which only those from whom society needs protection need fear.