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

Duncan Hames Excerpts

Tuesday 15th July 2014 Commons Chamber

[Duncan Hames (Chippenham) (LD)]

I recognise the urgency in starting consideration of this Bill, but was the Minister denied a deferment of the summer recess, which would have afforded us more time?

[James Brokenshire]

My hon. Friend needs to recognise—I am sure he does—the sensitivity and importance of communications data and how they are used for the prosecution of offences, and of interception and how we have reached a tipping point, which is why there is a need for urgent legal certainty and clarification in the light of the European Court judgment. We face two serious and urgent problems relating to both communications data and interception: first, the recent judgment of the European Court of Justice has called into question the legal basis on which we require communications service providers in the UK to retain communications data; and, secondly, the increasingly pressing need to clarify the application of our laws on interception, so that communications service providers that provide services to people in the UK are in no doubt that they are covered by the laws, irrespective of where they are based.

--- Later in debate ---

[Duncan Hames (Chippenham) (LD)]

I recognise the seriousness of the issues covered by the Bill and I understand why the Home Secretary considers it intolerable for us to not address this matter before the House returns from the summer recess in September. However, in considering the timetable motion, we have to consider the other options available to the Government. I hope the Minister will be able to address why he has ruled those options out.

Perhaps the most straightforward way to do that is to consider what would have happened if the Cabinet had not reached agreement on this matter at its emergency meeting on Thursday last week. In that scenario, would the Home Secretary be fuming at not being able to pass the Bill until autumn, or would she have found other means to take the action she considers necessary? Would we be looking at the business of the House for next Monday?

Colleagues will be well aware that we have the traditional end of term debate next Tuesday. I am sure Members covet their speeches in that debate, but they might recognise that for matters of national security and proposed legislation that the Government consider to be an emergency, it might be appropriate to move Tuesday’s business so that we could have more time to debate the Bill. Indeed, colleagues might even consider the necessity of the House rising on Tuesday, when we need to consider the Bill.

If there had been no agreement in the Cabinet last Thursday, I am absolutely certain that the Home Secretary would not have waited until September to pursue the Bill. I am sure that other decisions would have been taken to enable us to consider it next week. If it were the will of the House to have the time to scrutinise the Bill properly, such changes could still be made. That is why the timetable motion is unnecessarily restrictive, not just in the amount of time that Members have to debate these matters, but in terms of the timetable of the various windows of opportunity for proposing alternatives to the Bill.

I hope that in responding to the debate the Minister will tell us why it is not acceptable to give Members next week to consider House of Lords amendments. Forcing them to be considered on Thursday, when they will have been made only on Wednesday, creates an even tighter window for this House. I am not advocating that we should wait until the autumn, but I believe that Ministers should think again about curtailing debate and forcing it to take place on today only, with consideration of Lords amendments on Thursday.