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

Elfyn Llwyd Excerpts

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

My hon. Friend will know that proposed legislation is always given due consideration. No Government embark on fast-track legislation lightly. There is a pressing and urgent need to bring into force the Bill’s measures, to ensure that capabilities that are used day in, day out are maintained and that there is no risk to what are essential facilities for our policing and other enforcement agencies.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

Why was there no discussion with parties other than the Liberal Democrats, Labour and the Conservatives, even on Privy Council terms? For heaven’s sake, if there is an urgency, why keep most of the Opposition in the dark? It is absolutely disgusting, disgraceful and undemocratic.

[James Brokenshire]

We have engaged on the purpose and nature of the Bill and there have been discussions across the House. Clearly, there will be an opportunity this afternoon to talk through the issues and consider the Bill. I hope there will be a consensus across the House about the importance of the issues and the need to ensure that we have the legislative framework—the back-up—so that our police and law enforcement agencies can continue to do the job they do today in the way that they have hitherto done it.

--- Later in debate ---

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

I am very concerned about this rush to legislate because, as we all know, if one legislates in haste, one may well repent at leisure. We are told that there is some urgency. While accepting that at face value, I do not think that limiting our debating time in such a savage way is appropriate.

The Minister, with support from the right hon. and learned Member for Kensington (Sir Malcolm Rifkind), said that the Bill is a continuation of the status quo. It is not. Even at a cursory glance, I found two reasons why that is inaccurate. First, at present, public authorities and public bodies are able to gain access to data for a broad range of reasons. Section 37 of the Protection of Freedoms Act 2012 requires judicial authorisation before local authorities can access communications data. That requirement is absent from the Bill.

Secondly, clause 5 extends the definition of a “telecommunications service”. The explanatory notes to the Bill state that the new definition covers companies that provide

“internet-based services, such as webmail”.

That means that internet service providers—even those based overseas and, hence, outside the UK’s jurisdiction—will be compelled to grant access to data. That is unprecedented. I have no doubt that there will be other examples when we have all had something like an adequate opportunity to look at the draft legislation.

In all honesty, I am appalled at the way in which Parliament is being ridden over roughshod. I repeat the point that I made earlier: the Minister could have come to the minority parties on Privy Council terms and included us in the discussions. It is all very well waving a hand and saying, “It is extremely urgent—security demands it,” but I do not accept that for one minute. I am in this place to scrutinise legislation, not just to listen and be rolled over by it.

[Several hon. Members]

rose—