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

James Brokenshire Excerpts

Tuesday 15th July 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the following provisions shall apply to the proceedings on the Data Retention and Investigatory Powers Bill:

Timetable

(1) (a) Proceedings on Second Reading and in Committee, any proceedings on Consideration, and proceedings on Third Reading shall be completed at today’s sitting in accordance with the provisions of this paragraph.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 5.00pm.

(c) Proceedings in Committee and any proceedings on Consideration shall be brought to a conclusion (so far as not previously concluded) at 9.00pm.

(d) Proceedings on Third Reading shall be brought to a conclusion (so far as not previously concluded) at 10.00pm.

Timing of proceedings and Questions to be put

(2) When the Bill has been read a second time:

(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put.

(b) proceedings on the Bill shall stand postponed while the Question is put, in accordance with Standing Order No. 52(1) (Money resolutions and ways and means resolutions in connection with bills), on any financial resolution relating to the Bill.

(c) on the conclusion of proceedings on any financial resolution relating to the Bill, proceedings on the Bill shall be resumed and the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(3) (a) On the conclusion of proceedings in Committee, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions (but no others) in the same order as they would fall to be put if this Order did not apply:

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

(5) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

(6) If two or more Questions would fall to be put under paragraph (4)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

(7) If two or more Questions would fall to be put under paragraph (4)(d) in relation to successive provisions of the Bill, the Chairman or Speaker shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Consideration of Lords Amendments

(8) (a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(9) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (8).

(b) The Speaker shall first put forthwith any Question already proposed from the Chair.

(c) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith:

(i) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and

(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(d) The Speaker shall then put forthwith:

(i) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

(ii) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(e) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.

(f) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.

(g) As soon as the House has:

(i) agreed or disagreed to a Lords Amendment; or

(ii) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

the Speaker shall put forthwith a single Question on any Amendments that are moved by a Minister of the Crown and are relevant to the Lords Amendment.

Subsequent Stages

(10) (a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.

(11) (a) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph (10).

(b) The Speaker shall first put forthwith any Question which has been proposed from the Chair.

(c) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(d) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

(e) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

(12) (a) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.

(b) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(c) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.

(d) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (c), the Chair shall:

(i) first put forthwith any Question which has been proposed from the Chair, and

(ii) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(e) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

(13) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.

(14) (a) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

(b) Standing Order No. 15(1) (Exempted business) shall apply to those proceedings.

(15) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

(16) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to recommit the Bill.

(b) The Question on any such Motion shall be put forthwith.

(17) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(b) The Question on any such Motion shall be put forthwith.

(18) The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates) on a day on which the Bill has been set down to be taken as an Order of the Day before the conclusion of any proceedings to which this Order applies.

(19) (a) Sub-paragraph (b) applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.

(b) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(21) (a) Any private business which has been set down for consideration at 7.00pm, 4.00pm or 2.00pm (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between 7.00pm, 4.00pm or 2.00pm (as the case may be) and the conclusion of those proceedings.

(22) At the sitting of the House on Thursday 17th July, the Speaker shall not adjourn the House until–

(a) any Message from the Lords has been received and any Committee to draw up Reasons which has been appointed at the sitting has reported; and

(b) the Speaker has reported the Royal Assent to any Act agreed upon by both Houses.

I will be brief, as I want to leave as much time as possible for the substantive debate on the matters before the House today. I hope that all right hon. and hon. Members appreciate the urgency of the issues contained in the Bill. As my right hon. Friend the Home Secretary made clear in her oral statement last week, it is crucial that we act now to ensure that our law enforcement and intelligence agencies have the tools they need to keep us safe.

[Caroline Lucas (Brighton, Pavilion) (Green)]

If the Bill is so urgent, will the Minister explain why it was not introduced three months ago, as soon as the European Court of Justice judgment was announced? Why are we debating it in one day, just before the recess?

[James Brokenshire]

My right hon. Friend the Home Secretary explained the situation clearly in her statement last week. The judgment was made in April and we have sought clarity on it. Indeed, the pressure brought to bear by other legal challenges and the industry itself has made it necessary to clarify these essential measures and tools relating to the ability of our law enforcement and security services to assure us of our national security and to combat crime. I am sure we will get into those issues in the substantive debate, so I do not want to detain the House too much on them.

[Sir Edward Leigh (Gainsborough) (Con)]

I support the principle of what the Government are trying to do, but, like many people, I would try to avoid pushing Bills through in one day. Why was this Bill delayed? Did the Liberals delay it?

[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.

[Duncan Hames (Chippenham) (LD)]

I recognise the urgency in starting consideration of this Bill, but was the Minister denied a deferment of the summer recess, which would have afforded us more time?

[James Brokenshire]

My hon. Friend needs to recognise—I am sure he does—the sensitivity and importance of communications data and how they are used for the prosecution of offences, and of interception and how we have reached a tipping point, which is why there is a need for urgent legal certainty and clarification in the light of the European Court judgment. We face two serious and urgent problems relating to both communications data and interception: first, the recent judgment of the European Court of Justice has called into question the legal basis on which we require communications service providers in the UK to retain communications data; and, secondly, the increasingly pressing need to clarify the application of our laws on interception, so that communications service providers that provide services to people in the UK are in no doubt that they are covered by the laws, irrespective of where they are based.

[Dr Julian Huppert (Cambridge) (LD)]

The Home Secretary was rather less than clear at the Home Affairs Committee yesterday, so will the Minister provide clarity? What would happen if instead of passing the Bill now, we passed it in September? Is there a definite risk, and if so, what risk do we definitely face?

[James Brokenshire]

There is a risk in relation to co-operation on the use of the powers; indeed, there may be legal challenge. The House must face up to the prospect that the powers we use—they are constantly used by our law enforcement agencies—are at potential risk, and we are seeking to address that risk through the Bill this afternoon.

That is why the Government have decided that a fast-track process is appropriate. We have not done so lightly; we would not consider the Bill in this way unless we thought that there is a real risk to such capabilities. We believe that the issues have reached a dangerous tipping point, and that we must act now. If we do not enact the Bill before the summer recess, we face the real prospect of a serious degradation in the ability of our law enforcement and intelligence agencies to investigate crime, preserve national security and protect the public. That is why the Bill requires a fast-track approach.

The motion provides for some nine hours of debate on the Bill. If the House approves the motion, we will move directly to the debate on Second Reading, which will take us to no later than 5 pm. The Committee of the whole House will follow until 9 pm, with the debate on Third Reading concluding no later than 10 pm. The motion also provides for programming of the later stages of the Bill in this House on consideration of Lords amendments.

I fully appreciate the restrictions that today’s timetable imposes. However, given the very specific issue that the House is being asked to consider, we are satisfied that the House—and, in due course, the House of Lords—will have sufficient time to scrutinise the Bill properly. I remind right hon. and hon. Members that the Bill does no more than maintain the status quo, and that it contains a termination provision, meaning that it will lapse at the end of 2016. I welcome Opposition Front Benchers’ continued support for expediting the Bill.

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

Why will the Minister not extend the Bill’s provisions only to the autumn, when there could be a full and long debate and more time could be spent looking at the whole situation? Why does it go on to 2016?

[James Brokenshire]

I am sure that we will have plenty of opportunity to discuss the issues of timing and of why we judge it appropriate that the sunset or termination clause is until 2016. We will get to that debate, but simply seeking a limited period would pressurise the House into making substantive decisions without knowing the impact or import of the review that we have asked David Anderson, the independent reviewer of counter-terrorism legislation, to inform. The House will have the time and space to consider the issues properly, given that the Bill is simply to maintain the position—the status quo ante—in respect of capabilities for the retention of communications data and interception powers.

I hope that the whole House understands the need for fast-tracking the Bill and will therefore support the motion.

--- Later in debate ---

[James Brokenshire]

May I say to the hon. Member for Perth and North Perthshire (Pete Wishart) that the Government have had discussions with the Scottish Government in respect of these provisions? What this comes down to is the assurance of security for our citizens in England, Wales, Scotland and Northern Ireland. The Government would not be legislating on a fast-track or emergency basis if we did not think that it was necessary. That underpins the approach that we have taken on the motion.

This is about maintaining the status quo. I hope that we will be able to get into that debate and hear the Home Secretary and others, and then get into the line-by-line analysis to show that that is the issue at stake. It is about ensuring that the police and our other agencies are able to do the job that they do day in, day out; using communications data and the interception powers that they have had to ensure that the public are protected.

Yes, this is about responding to a Court judgment and about responding to the uncertainty that that judgement has created, but I say clearly that that judgment did not say that the actions of the Government or of our agencies were unlawful. It was focused on the directive itself, whereas our existing law takes into account a vast array of other issues on human rights matters. We assert, and continue to assert, that the data retention regulations remain in full force and effect. However, the uncertainty and the risk that the judgment has occasioned mean that the Bill is required. Yes, as the right hon. Member for Blackburn (Mr Straw) highlighted, it was a complex judgment. That is why I think it was right for the Government to consider these issues carefully before coming back to the House and to assess the representations made by industry on the uncertainty that the judgment has occasioned.

It is known that the House is able to bring forward fast-track legislation in circumstances where we have had adverse judgments. It is also why, in doing so, there are termination provisions, which the Bill sets out. There is a legal risk here. We believe that it is the responsibility of the Government to protect the public and to guard national security. That is why we are bringing the Bill before the House this afternoon and why we believe the fast track process is needed.

Question put.