Reports into Investigatory Powers

Diana Johnson Excerpts

Thursday 25th June 2015 Commons Chamber

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

Let me start by welcoming the Minister to his place and paying tribute to the excellent report we have been discussing this afternoon: “A Question of Trust—Report of the Investigatory Powers Review”, written by David Anderson, QC. He has a formidable reputation as the independent reviewer of terrorism legislation. The report ranges far wider than the areas the independent reviewer is usually required to look at. It tackles matters such as the use of the internet by paedophiles, an issue that the hon. Members for Halesowen and Rowley Regis (James Morris), for Gloucester (Richard Graham) and for Eastleigh (Mims Davies) mentioned in their contributions. It deals with the use that local authorities have made of powers under RIPA, a matter discussed by my hon. Friend the Member for Hayes and Harlington (John McDonnell). It also deals with the growing threat from cybercrime and cyber-attacks. It is a very good report and, as the former Attorney General, the right hon. and learned Member for Beaconsfield (Mr Grieve) said, it is an amazing piece of work. It contains 124 recommendations, five guiding principles and more than 300 pages, giving us a lot of holiday homework over the summer in this immensely complicated area. It is detailed and thorough, and it is a report that will assist us in the coming months in our deliberations when we start to consider the Government’s specific proposals for legislation relating to the security, intelligence and law enforcement agencies’ use of investigatory powers.

We know that the Government will be bringing forward the draft legislation in the autumn, well ahead of the sunset provisions in the Data Retention and Investigatory Powers Act 2014, which take effect on 31 December 2016. Of course the Anderson report was commissioned on the basis of an Opposition amendment when Parliament was asked to legislate very quickly to introduce DRIPA in 2014. We proposed that it was the right time for a thorough review of the existing legal framework to be conducted, as we no longer felt, alongside many others, that the current arrangements were fit for purpose. That statutory obligation was then set out in section 7 of DRIPA.

I thank the Government for finding time for this afternoon’s debate, which my right hon. Friend the shadow Home Secretary requested when the Home Secretary made her statement to Parliament at the publication of the report on 11 June. As my right hon. Friend said in her opening remarks, it has indeed been delivered “very swiftly”, and for that we are very grateful.

This debate is important because, as my right hon. Friend said, we need to ensure that Members of all parties may discuss the report fully and to foster a wider public debate to get the widest possible debate and legitimacy for the new framework. The hon. Member for South West Wiltshire (Dr Murrison) referred in his contribution to that need to engage in the public debate.

I also pay tribute to the work of the Intelligence and Security Committee, which produced the “Privacy and Security” report in March. That was a review of the intelligence agencies’ capabilities and the legal and privacy framework that governed their use. We are still awaiting the third report in this area from RUSI, a report established by the former Deputy Prime Minister, the right hon. Member for Sheffield, Hallam (Mr Clegg), who also spoke in today’s debate.

The Opposition accept the need for reform. Obviously, we need to wait to see what is in the draft legislation, which will be introduced shortly, but we are grateful to the Government for bringing this matter forward with cross-party agreement and discussions. We want a robust and up-to-date legal framework and the protection of liberty, as well as security and democracy. My hon. Friend the Member for Sheffield, Heeley (Louise Haigh) referred to that point in her contribution.

We want strong powers with strong checks and balances and strong oversight of how the system is to work. The five Anderson principles will be a key part in the development of law and the practice of investigatory powers. Those principles are: minimisation of no-go areas; limits on powers; rights compliance; clarity and transparency; and a unified approach.

Let me mention some of the contributions in this very good debate. I will start with the maiden speeches, which were of an exceptionally high standard. The hon. Member for Banbury (Victoria Prentis) told me something that I did not know about her predecessor, Tony Baldry. She said that he was the keeper of the hairspray for Margaret Thatcher. She also told us that she makes cider and keeps ferrets. I agree with her recommendation of the Bicester outlet shopping experience.

The second contribution was from the hon. Member for Midlothian (Owen Thompson) who painted a fine picture of his constituency. He talked about the importance of coal, his role as leader of the council and, rather intriguingly, the rolling haggis. Then we had the hon. Member for Falkirk (John Mc Nally) who gave a very generous tribute to his predecessor. He talked about running a shop for 50 years as a barber, and about the similarities between being a barber and a politician.

Finally, we heard from the hon. Member for Rochester and Strood (Kelly Tolhurst) who represents her home town. She talked about the similarities between herself and Francis Drake, learning to sail locally, and becoming a Member of Parliament. I just wondered how Hansard might record the parliamentary wiggle that she gave as part of her maiden speech.

We also had some learned contributions from experienced and senior Members of the House: the former Attorney General, the right hon. and learned Member for Beaconsfield; the former Deputy Prime Minister, the right hon. Member for Sheffield, Hallam; the right hon. Member for Cities of London and Westminster (Mark Field), who was a member of the ISC in the previous Parliament; the hon. Member for South West Wiltshire, with his ministerial responsibility; the former shadow Attorney General, my hon. Friend the Member for Islington South and Finsbury (Emily Thornberry); and the former Director of Public Prosecutions for five years, my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who spoke about the practical application of the current law with great knowledge. Many Members paid tribute to the intelligence and security services and the law enforcement agencies, which work day in, day out to keep us all safe. I wish to add my tribute to the vital work that they do.

As time is quite limited, I will refer to two particular areas that many Members raised today. The first was the proposal by David Anderson on merging the current commissioners and setting up the new office of the independent surveillance and intelligence commission. My right hon. Friend the shadow Home Secretary had talked about that previously, and we welcome the idea. It will increase transparency, strengthen the role of the commissioners, raise the public profile and help to build public trust. I note that the hon. Member for Kingston and Surbiton (James Berry) also spoke about that matter.

The second issue was the proposal on judicial authorisation. The Opposition welcome that proposal from David Anderson, but we do not want to see a delay or detraction from the Home Secretary’s wider responsibility, which is to assess risk to national security and be answerable to Parliament. As my right hon. Friend the shadow Home Secretary said, the reforms will strengthen the legitimacy of our long-term framework, and I urge the Home Secretary to agree to them.

There was a mixed view in the House this afternoon. The right hon. and learned Member for Beaconsfield talked about the burden of proof being reversed in this case and said the Government needed to make the case for not accepting the Anderson recommendation. The right hon. Member for Sheffield, Hallam mentioned his surprise about the operational benefits that might arise from judicial authorisation. The right hon. Member for Cities of London and Westminster reminded us about political accountability and how important it was, but spoke about the benefit that could be gained from judicial involvement. The hon. and learned Member for Edinburgh South West (Joanna Cherry) also supported the proposal on behalf of her party. My hon. Friend the Member for Islington South and Finsbury gave her first-hand experience of the workings and worldliness of judges in balancing competing interests if they are to carry out this task. The hon. Member for Gloucester also talked about the need for public confidence in whatever system is going to be introduced. The hon. Member for North Dorset (Simon Hoare) talked again about accountability.

In conclusion, we look forward to the publication of the draft Bill and to the pre-legislative scrutiny. The balance between security and liberty should always be struck with great care and constant scrutiny, including in this complex sphere of surveillance and data communication. Whatever the difficulties, we should aspire to achieve both objectives and never one at the expense of the other. We do so in the certain knowledge that the enemies of this country want to destroy both.