Data Retention and Investigatory Powers Bill

Ian Paisley Excerpts

Tuesday 15th July 2014 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

I beg to move, That the Bill be now read a Second time.

In my statement to the House last Thursday, I made clear the urgent need for narrow and limited legislation on communications data and interception. There is no greater duty for a Government than the protection and security of their citizens when we face the very real and serious prospect that the police, law enforcement agencies and the security and intelligence agencies will lose vital capabilities that they need in order to do their jobs. Communications data—the “who, where, when and how” of a communication, but not its content—and interception, which provides the legal power to acquire the content of a communication, are crucial to fighting crime, protecting children, and combating terrorism.

Communications data can be used to piece together the activities of suspects, victims and vulnerable people. They can prove or disprove alibis. They can identify links between potential criminals. They can tie suspects and victims to a crime scene, and they can help to find a vulnerable person who is at risk of imminent harm. Interception—which can take place only in limited circumstances, and with a warrant authorised by a Secretary of State—can prove vital to the investigation of the activities of suspected terrorists and serious criminals. Without those capabilities, we run the risk that murderers will not be caught, terrorist plots will go undetected, drug traffickers will go unchallenged, child abusers will not be stopped, and slave drivers will continue their appalling trade in human beings.

[Ian Paisley (North Antrim) (DUP)]

Will the Home Secretary put some flesh on the bones of what she has said, particularly for the benefit of Northern Ireland, which gives reality to this? I understand that in the past three years more than 300 people have been convicted of serious and organised crimes. Can the Home Secretary confirm that many of them were brought to justice as a result of this very type of intelligence activity?

[Mrs May]

The hon. Gentleman is absolutely right. The use of exactly this sort of data is important not just to the investigation of crime, but to the bringing of criminals to prosecution. Work done by the Crown Prosecution Service has shown that communications data have been used in 95% of serious and organised crime cases, and that that has been important not just to the investigation but to the prosecution. These are important data: they are vital to the fight against crime and the fight against terrorists.

However, as I explained last week, we currently face two immediate problems. First, the recent judgment by the European Court of Justice has called into question the legal basis on which we require communications service providers in the United Kingdom to retain communications data. Secondly, we face the increasingly pressing need to put beyond doubt the legal obligation for communications service providers who supply services to people in the UK to comply with our laws on interception, irrespective of where they are based.