Data Retention and Investigatory Powers Bill

Debate between Duncan Hames and Julian Huppert

Tuesday 15th July 2014 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

I will do my best to comply with that, Madam Deputy Speaker—[Laughter.] Sorry, I meant to say that I will indeed definitely comply with that.

This is a difficult issue for those who, like me, have massive concerns about civil liberties and privacy. It is a pleasure to follow the right hon. Member for Knowsley (Mr Howarth). We do not always agree on these issues, but I care passionately about the abuse of surveillance that has taken place, and seeing the state have more control. I expressed that view when we got rid of the draft Communications Data Bill in calling for our only debate to consider the post-Snowden situation, and in the digital Bill of rights that my party passed. There is much we need to do, and I have called for many years for reform of the Regulation of Investigatory Powers Act 2000, and of other legislation such as the Telecommunications Act 1984, which has some really amazing powers in section 94. I therefore start off instinctively concerned about anything proposed in this way.

Communications data and lawful intercept are very important, although we need improvements in how they are dealt with—for example, communications data should be collected for a much shorter time. We could have a system of retention for a short period followed by preservation orders to address many of the concerns raised. Accessibility should be limited; there is definitely too much access with 500,000 requests a year. I believe we should have judicial warrants for lawful intercept, as that is a much better way to proceed. We can improve those measures, but we need them because it is clear that we face a problem now.

I raised this issue on 8 April when the Home Secretary appeared before the Home Affairs Committee on the day of the European judgment. I pressed her on the matter and she insisted that the regulations were still valid. I understand why she feels she has to say this, but I do not think it is correct. I think the Home Office is continuing on a hope and a prayer, and at some point that will end, and that is the emergency that persuades me. I am also very aware of the circumstances around the lawful intercept drop-off. That is true and I have spoken to many people, so I do not entirely trust the Home Office when it says there is a problem in some areas. I think the Home Office is largely to blame because of the way it has conducted itself in its interactions with other companies. When we considered the draft Communications Data Bill, we expressed concern that the way the Home Office misportrayed what companies were saying might drive some of them overseas, and we have seen that.

On new powers, the data retention regulations are as before but with more constraints; the Bill is slightly less powerful than what it gets rid of. Is lawful intercept a new power? We have had interesting discussions about whether we knew it was applicable overseas, and when we considered the draft Communications Data Bill we published a report that highlighted the fact that it appeared to impose no limits on the telecommunications operators to whom it applied. We heard from different companies about how they complied with the requests they receive. That should not be a surprise given that two years ago we published a report on that. I know that other hon. Members have been here longer. We knew this measure was there; it is not a new power.

What is not allowed is what was in the snoopers charter—the draft Communications Data Bill. We will not allow website logs; that is clearly not allowed by anything in that provision. There is nothing in the Bill that would allow domestic companies to be forced to collect information on third-party overseas companies, which was in the Communications Data Bill. Such things are not allowed and will continue not to be allowed.

There are safeguards, and if it were not for those there is no way I would support the Bill. I have called for these safeguards for many years. The Liberal Democrats made them a condition of acceptance of the Bill, and I am pleased that we have secured them. There is a sunset clause with no possible extension, and the RIPA review, which we desperately need.

[Duncan Hames (Chippenham) (LD)]

Does my hon. Friend agree that, contrary to remarks from those on the Opposition Front Bench, it is not only the passage of time and the advance of technology that has discredited RIPA?

[Dr Huppert]

My hon. Friend is partly right. RIPA was an improvement on no regulations, but it gave far too much power to far too many people, and we needed to fix that situation much earlier. The approach taken by the previous Government to try to collect more and more powers with the interception modernisation programme and so forth is not the right way to go.

We have a number of safeguards. The Privacy and Civil Liberties Oversight Board that I and other hon. Friends have been mentioning for a while is an important safeguard and will be written into law. We are reducing by hundreds the number of bodies that are able to get direct access to data. Councils used to be able to get direct access to communications data to find out whether somebody was applying to the right school for their child. That is no more. This Government are ensuring not only that councils cannot get direct access, but that they also have to get a magistrate’s say-so. We have annual transparency reports—a key requirement—and the trimming of powers for access to communications data. A huge amount in the Bill provides safeguards and we are in a better place as a result, although we are not in a perfect place. I would like to see a much more substantial rewrite of RIPA, with many more limitations and a new approach. That is what I hope we will get from the RIPA review. We would certainly want any improvements that could be implemented to be implemented.

People often talk about the trade-off between security and privacy or civil liberties. I do not think it is a trade-off; I think we can have more of both at the same time. The Bill preserves the security we currently have, which is a good thing, and, because of the safeguards and the changes, it actually supports privacy and is a pro-civil liberties measure. The Guardian highlighted the fact that the Bill could

“prove a major opportunity to bring the relentless rise of the surveillance state under democratic control.”

The Independent said that:

“the law may in fact, in a few years, benefit the civil libertarian cause.”

Having seen sustained assaults over many years on this issue, I support that and hope we can achieve a better balance.

Disabled Students Allowance

Debate between Duncan Hames and Julian Huppert

Wednesday 2nd July 2014 Westminster Hall

[Dr Huppert]

I agree completely. The Muscular Dystrophy Campaign’s trailblazers case studies have been incredibly powerful. I hope that the Minister has had a chance to look at them. I will not go through them in any detail, in the interests of time, but there are many of them.

[Duncan Hames (Chippenham) (LD)]

Will my hon. Friend give way?

--- Later in debate ---

[Dr Huppert]

The hon. Lady is absolutely right. We need to tailor the support to the individual. What is suitable for people on the autistic spectrum can vary substantially, which is why they need assessment and the help that is right for them. For some people, a bank of computers will be perfectly fine; for others, it will not be.

[Duncan Hames]

I thank my hon. Friend for giving way and for securing this important debate. My constituent, a member of the British Assistive Technology Association, points out that whoever is providing the support, whether it is the Government or higher education institutions, it is vital that students have the support that they need to use the technology—hardware and software—as effectively as possible, to get the maximum benefit from it.

[Dr Huppert]

My hon. Friend is absolutely right. As it happens, my mother is registered blind and relies on assistive software. It takes a huge amount of support for her to be able to use it, and I often have to provide that support. My hon. Friend is absolutely right to raise the point about the need for that.

I will make further progress, because I understand that many hon. Members want to speak. The NUS has highlighted a number of specific concerns about how the system will work, and I would be interested in the Minister’s specific response. There is a risk that the reforms could deter institutions from actively recruiting disabled students, because if the institutions are responsible for paying the extra costs, there will be an incentive not to take people who will be a bit more expensive. Although universities have a duty to provide reasonable adjustments for their students, there is no clear definition of what “reasonable adjustments” mean and no funding available to provide them.

The NUS makes another point, which is about the routes of redress for disabled students when there is a problem. There is only a finite amount of time available to fix that. Who would provide advocacy—would it be the disability support office? It could cause huge internal tensions if one part of the university is having to fight another.

Public Transport (Disabled Access)

Debate between Duncan Hames and Julian Huppert

Wednesday 12th October 2011 Westminster Hall

[Dr Huppert]

Indeed. We need not only to build such facilities, but to ensure that they are open, accessible and functional. That is a very important point. There are too many instances in which that is not the case. We have a particular issue in Cambridge, although it does not involve transport. A developer wants to move the disabled toilet up a few floors in a shopping area. Of course, that would make it very hard to get to.

I will not say too much about the concerns over the reductions in relation to discretionary fares. That issue has been highlighted, and I share the concerns expressed. However, as well as the detailed changes and the infrastructure changes, which are extremely important—

[Duncan Hames (Chippenham) (LD)]

I know that my hon. Friend is keen to proceed, but infrastructure is certainly a concern of the Chippenham Accessible Rail Transport group. The group and I have thrown our weight behind Network Rail’s attempts to bring disabled access to Chippenham railway station, but Brunel’s railway is considered a heritage asset. I hope that my hon. Friend and the Minister would agree that when the council consults heritage groups about changes to achieve decent disabled access on our public transport, we need those groups to get behind such proposals and work with the industry to make them a reality—they should not be allowed to become a block to progress.

[Dr Huppert]

I thank my hon. Friend for his intervention. From my role as co-chair of the Lib Dem transport group, I know that he campaigns very hard for his railways and I congratulate him on that. We have had a number of conversations on what is a real issue not just for his station, but for a number of others. There is a tendency for some heritage groups and people who work in that area to take the attitude that nothing must ever be changed, which is simply not what we want. Freezing all old buildings as they were in the ’70s is not always the right thing to do. The point of public transport is not to be a beautiful monument, but to enable people to travel, and travel easily. I hope that we see more movement, which is happening with much of the heritage sector, towards the idea that we need to come up with creative solutions that enable things to work, as well as, we hope, to look good and continue that heritage. That is a very important point, and there are a number of other points that one could talk about in relation to infrastructure.

As well as the piecemeal changes and infrastructure changes, which affect disabled people on a personal level, there is the issue of planning a long-distance journey. The sheer lack of information and the complexity involved in finding information make it very hard. If someone wants to travel between two places that they do not regularly travel between and that are a long way apart, rather than within a city, they have to check the accessibility of every service, or they risk taking a tube, a train and a bus and then finding that they cannot take the next bus. It is extremely hard to plan a long-distance journey. There is a huge need to ensure that there is linked-up availability of information, whether that is available online or in other ways—different people want to use different methods—so that people know that their entire route is accessible and they will not end up at the end of the line with the problems that have been identified.

This has been a very useful debate and it has been good to see mostly cross-party consensus on what we need to do. I look forward to the Minister explaining what we will be doing to deliver on the hopes and aspirations that we all have. In some ways, the issue is simple: we need to ensure that the transport service that we provide as a nation is fit for everyone. I look forward to hearing how that will be achieved.