Data Retention and Investigatory Powers Bill

Edward Leigh Excerpts

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

Obviously, we have considered carefully the impact of the European Court of Justice judgment, the European convention on human rights and other parts of the law in examining the position. That is why we have considered the Bill so carefully. The additional safeguards and provisions that have been written into the Bill reflect that consideration. We remain confident that the provisions meet the legislative requirements.

[Sir Edward Leigh (Gainsborough) (Con)]

May I refer the Minister back to the question that was asked by my hon. Friend the Member for Stone (Sir William Cash)? Does this debate not underline the importance of the report of the European Scrutiny Committee on establishing the supremacy of Parliament? I am afraid that the Minister’s response was not absolutely clear. I think he said that the Government are “confident”. Surely on matters as important as the freedom of the individual and national security, we should be more than just confident; we should be sure of the supremacy of Parliament.

[James Brokenshire]

As my hon. Friend knows, legislation is always subject to court challenges. That is the nature of our constitution. The House often reflects on changes that are made to the law as a consequence of decisions that are made in our courts. There is a separation of powers between the legislature, the Executive and the judiciary.

We have reflected carefully on the European Court of Justice judgment on the directive. It is important to state that that judgment related not to our domestic legislation, but to the directive. Obviously, the Data Retention (EC Directive) Regulations 2009 were made to implement the directive. We believe that the regulations remain in full force and effect, but the questions, doubt and risk have arisen because of how the industry and others have looked on the judgment and the regulations. Although we assert that the regulations remain extant and in full force and effect, it is essential, given the questions and points that have been raised, to deal with the risk and put the matter beyond doubt.

--- Later in debate ---

[Mr David Hanson (Delyn) (Lab)]

I welcome you to the Chair of this important Committee, Sir Roger. I shall not detain the Committee for long because, given that we broadly agree with the Government’s approach on this key issue, the Opposition have not tabled any amendments to clause 1.

As the Minister said, the stated context for the Bill is the continued threat from serious organised crime and potential terrorist activity. Given that the European Court of Justice struck down the regulations because they were neither proportionate nor objective, we have taken the view that we need to look at how to frame legislation that will be proportionate and objective in respect of the retention of data.

[Sir Edward Leigh (Gainsborough) (Con)]

I would be interested to know the Opposition’s view on the issue of our laws being trumped by section 3 of the European Communities Act 1972, as suggested by my hon. Friend the Member for Stone (Sir William Cash) in the report of the European Scrutiny Committee. Does the right hon. Gentleman believe that, in the event of a Labour Government, there might be a case for passing legislation to proclaim the supremacy of Parliament so that we can protect ourselves from European legislation?

[Mr Hanson]

I take the view that we are part of the European Union, so we have to respect our obligations within it. I come to this particular piece of legislation, however, on the basis of what will best prevent activities by terrorists, child pornographers, paedophiles or serious organised criminals. Given the actions of the European Court of Justice, we have to examine our obligations as the United Kingdom Parliament and to frame legislation that we believe will have the support of the Government—and, in this particular case, of the Opposition—to ensure that we meet our European obligations but in a way that also meets our obligation to tackle the serious and organised criminals and others who would damage the fabric of our society. I will probably have disappointed the hon. Member for Gainsborough (Sir Edward Leigh) with that answer, but I believe it is consistent with our positive approach to Europe and our involvement in the European Community.

I believe that clause 1, which is the main focus of our debate, meets those obligations. It gives the Secretary of State powers to issue a retention notice requiring organisations that have data to hold those data, with which they will have to comply. Strict criteria are set out in subsection (2), which specifies who the operator could be, what the data being retained should be, for what periods the data should be retained, and whether there is different proportionality within different types of data.