Mobile Communications (Interception)

James Brokenshire Excerpts

Thursday 10th March 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I congratulate the hon. Member for Rhondda (Chris Bryant) on securing the debate. He has a keen personal interest in the issues raised, as he has highlighted; indeed, I am aware that many Members share that interest.

The issue of phone hacking is undoubtedly one that Members on both sides of the House regard as extremely important. As well as the original investigation by the Metropolitan police, which resulted in the prosecution and conviction of Clive Goodman, the royal editor of the News of the World, and a private investigator, Glenn Mulcaire, there has been a separate review by the Metropolitan police, the Director of Public Prosecutions and the Crown Prosecution Service. The matter has previously been the subject of consideration by the Select Committee on Culture, Media and Sport. It is also the subject of current inquiries by both the Home Affairs Committee and the Committee on Standards and Privileges.

Such a degree of interest is understandable. The Government fully agree that the prospect of journalists, or anyone else, unlawfully hacking into and listening to people’s private conversations is an extremely serious matter that needs to be treated accordingly. In its plainest terms phone hacking is unlawful and should not occur. Any interception of communications is a very serious invasion of privacy. No activity of that nature would ever be taken lightly by the state itself.

Interception is of course a potentially powerful tool for combating terrorism and serious crime, but the Regulation of Investigatory Powers Act 2000, which governs lawful interception and its oversight, allows only a very small number of intelligence and law enforcement agencies to apply for warrants to undertake such steps. The warrants can be issued only by the Secretary of State and for very limited purposes, including preventing or detecting serious crime and the interests of national security.

The checks and balances that have been established underline how serious a step it is to contemplate interfering with private communications, even when such action is designed to protect the public and prevent harm or detect wrongdoing. My right hon. Friend the Home Secretary devotes a great deal of her time to scrutinising warrant applications under RIPA for the security services and police to interfere with the communications of serious criminals and terrorists.

There is no place for indiscriminate and unauthorised interception. Such activity, which includes the so-called hacking of voice messages, is an offence under RIPA and carries a penalty of two years’ imprisonment. In addition, and of growing relevance as technology advances, the Computer Misuse Act 1990 created other offences relating to the unauthorised accessing of data. They include unauthorised access to a computer to look at information, for which the penalty is up to two years’ imprisonment, and accessing a computer in order to commit other crimes, such as stealing data, for which the penalty is up to five years’ imprisonment.

Personal data are also protected under the provisions of the Data Protection Act 1998, and unlawfully obtaining personal data is also an offence under that Act. There can thus be no doubt that the intention of Parliament is that an individual’s personal and private data should be properly protected.

When there is reason to suspect that any of the provisions protecting personal data may have been breached, it is quite rightly a matter for the police to consider and investigate. Police investigations are operational matters, and it is for the relevant police force to decide whether and how best to approach any such investigation, in consultation as necessary with the Crown Prosecution Service.

It has been suggested that the original investigation by the Metropolitan police was inadequate, but I remind the House that the investigation did result in the prosecution and conviction of two individuals. In dealing with that investigation, the police worked closely with the Crown Prosecution Service to determine the best approach to the case and prosecution. Those decisions were subsequently reviewed. The police made it clear that the investigation was technical and complex. They also undertook to consider any fresh information and evidence that might shed any new light on the case. As the Director of Public Prosecutions made clear in December 2010, for a prosecution to be taken forward it is necessary for there to be credible evidence and individuals prepared to testify to it.

Fresh information has recently been made available to the police and a new investigation is under way, as the House is well aware. It is important that that investigation be allowed to proceed without hindrance. It would not be appropriate for me to speculate or comment on the details at this stage, but the Metropolitan police have made it clear that it is to be a thorough and most robust investigation. It is being carried out by a fresh team within the Metropolitan police. The officer in charge, Deputy Assistant Commissioner Sue Akers, released a statement on 9 February, to which the hon. Gentleman referred, in which she made it clear that the Metropolitan police were

“determined to ensure that we conduct a robust and thorough investigation which will follow the evidence trail to its conclusion.”

[Chris Bryant]

I have full confidence in Sue Akers because everything I have seen shows that she is doing the job that should have been done previously, and I do not underestimate the difficulty of that job. The Minister said—it is an argument that has been adduced by others, and Mr Yates in particular—that new evidence has been provided, but that is not actually true. The only reason there was new evidence in relation to Ian Edmondson is that the papers relating to Sienna Miller, which mentioned Mr Edmondson, were finally wrested from the hands of the police by Sienna Miller in a civil court case. That is the scandal.

[James Brokenshire]

All those issues relating to the investigation will undoubtedly be examined by Sue Akers and the Metropolitan police as part of their ongoing investigation. As the hon. Gentleman will be aware, the Director of Public Prosecutions has also instigated an independent review of all the original evidence held by the Metropolitan police, including that not originally given to the Crown Prosecution Service in connection with the original case.

That review will consider whether there is any material that could form evidence in any future criminal prosecution. It is important that the police are able to focus fully on this new investigation and pursue any new avenues of inquiry as necessary. The most appropriate course is therefore to await the outcome of the investigation, rather than speculating further at this stage on particular aspects.

I am sure that the whole House will agree that a free press is a fundamental hallmark of our democracy, but that does not mean that the media are above the law—they are bound by it in precisely the same way as any other individual. Any breaches of that law are punishable through the courts in the normal way. With freedom comes responsibility. The press have their own set of guidelines set out in the press code of practice, which contains a clause forbidding the acquisition and publication of material by intercepting private or mobile telephone calls, messages or e-mails. The media must adhere to those standards of conduct. I would also say that the defence of activity being in the public interest is not the same as what may interest the public.

The media’s conduct in relation to the code of practice is overseen and enforced by the Press Complaints Commission. The commission is independent from the newspaper industry, with commission members appointed by an independent appointments commission and with an in-built majority of lay members. It is also, rightly, independent of the Government. We of course recognise that these arrangements and the industry’s system of self-regulation are not perfect and are sometimes breached. However, overall we believe that the PCC acts as an effective check on the industry and in reinforcing the standards expected.

The PCC recently announced that it has set up a working group to look at new evidence as it becomes known, and it is examining its own role and actions in relation to the issue as it has unfolded. The committee will comprise the two lay commissioners who joined most recently, in 2010, both of whom are experts in relevant legal fields: Ian Walden, professor of information and communications law at Queen Mary, university of London; and Julie Spence, a former chief constable of Cambridgeshire police. There will be one editorial commissioner, John McLellan, the editor of The Scotsman.

Despite some undoubted lapses in the standards that we expect of the media according to the principles of its own code, overall we believe that further regulation of the industry is neither necessary nor appropriate. We will, however, continue to keep the issue under review.

On the hon. Gentleman’s comments about the mobile phone companies, mobile network operators offer a range of advice and services on keeping personal details secure at all times. Some send an automatic message if a PIN number is incorrectly entered, or they may suspend services until the legitimate owner of the account authenticates their identity. The Information Commissioner has been working with service providers to consider the safeguards available, and he will include advice on that in his next set of guidance.

As I said at the outset, I recognise that the matter continues to command a great deal of interest. That is why it is already under detailed scrutiny. In addition to the current police investigation, the Director of Public Prosecutions has instigated a review by Alison Levitt, QC, of all available evidence—not just that passed to the Crown Prosecution Service in connection with the original prosecutions. She has been asked to take a robust approach to assessing the evidence, advising whether the Metropolitan Police Service should carry out any further investigation or whether any prosecutions can be brought. She will also advise on the new investigation.

The Home Affairs Committee is conducting an inquiry into phone hacking, as is the Standards and Privileges Committee, and, as I have said, the Press Complaints Commission has announced its own review of the emerging information. As the hon. Gentleman noted, other cases are being brought by individuals who believe that they might have been subject to hacking, and they are currently before the courts. Each process has its own proper procedures for looking into the detail of the allegations and its own course to run.

The Government and the whole country take the issue of phone hacking extremely seriously: the intrusion of privacy, the attempt illegally to use private conversations for financial gain and the compromising of individual rights—we consider all those abhorrent. Although two individuals have already been convicted and jailed in relation to the case, it is possible that as a result of the new police investigation others will be prosecuted.

I remind the House that the Government have no involvement in decisions to charge or to prosecute individuals, and I am sure the whole House will agree that, in a free society, that is entirely right and proper. The right course of action for the Government is to await the outcome of the new police investigation, and that is exactly what we will do.

Question put and agreed to.