Anderson Report

Dominic Grieve Excerpts

Thursday 11th June 2015 Commons Chamber

[Mrs May]

I welcome the hon. and learned Member for Edinburgh South West (Joanna Cherry) to the House and to her Front-Bench role. I was not able to do that when she spoke in the Queen’s Speech debate, and I am pleased to have the opportunity to do it now. I have to say, however, that she is wrong to refer to the snoopers charter. There was never any proposal for such a charter. The Government wish to ensure that our law enforcement and security and intelligence agencies continue to have the capabilities that they need to keep us safe as people’s activities in communications increasingly move from the physical to the digital. It is about ensuring that the law and the powers are up to date.

The hon. and learned Lady asked me four specific questions. I have already said in my response to the shadow Home Secretary that one of the issues, as David Anderson has also said, is that legislation is spread over several different Acts, and it is necessary to bring it together in a single law. We intend to look very carefully at David Anderson’s proposals in relation to increased or changed oversight arrangements. We are talking about not simply rebranding an existing law but looking to see what legislation is necessary to ensure that these powers continue to be available with the right regulatory framework, the right oversight and the right authorisation arrangements into the future.

We have had to introduce two new pieces of legislation in the data and counter-terrorism area in the past 18 months. I hope that we can establish a law that can stand for some time, and that we will not have to come back to Parliament repeatedly with new legislation. When matters are devolved, we will hold discussions with the Scottish Government. As the hon. and learned Lady will be aware, national security is a reserved matter. She referred to pre-legislative scrutiny. I understand that discussions are taking place about the nature of the Joint Committee, and that is a matter for the business managers.

[Mr Dominic Grieve (Beaconsfield) (Con)]

Speaking as somebody who during my four years in office was supposed to be an initiate of the regulatory framework under which our agencies are supposed to work, I heartily endorse what David Anderson has said about its comprehensibility. For that reason, I greatly welcome the Government’s move towards a new legislative framework. Does my right hon. Friend agree that it is important that that framework should carry with it clarity and a degree of predictability and understanding, because without that the public will not be reassured that it might not sed? Equally, she might also agree that if we put together such a framework it is right and proper that we should give our agencies the powers they need to protect us, and not simply allow this to be an opportunity to prevent them from doing the job of protecting us, which in my experience they have been doing very well and ethically.

[Mrs May]

I thank my right hon. and learned Friend for his comments and, in particular, for his last point. It is absolutely the case that our agencies have been and are working lawfully and ethically in everything they do. They have a difficult job to do and it is important, as he says, that we give them the powers they need. It is in everyone’s interests that the legislation is as clear as possible, but I am tempted to say that although I start off thinking that it will be simple to provide a clear piece of legislation, once parliamentary counsel and the lawyers in this House and in the other place get hold of it, the clarity tends to get a little lost. We shall see what happens.

My right hon. and learned Friend raises another important issue, which is the question of foreseeability. People should be able to understand not just how powers might be being used but how they might be used in future, and that is of course an issue that would need to be considered.