Data Retention and Investigatory Powers Bill

Debate between James Brokenshire and Roger Gale

Tuesday 15th July 2014 Commons Chamber

[James Brokenshire]

I understand my hon. Friend’s points. I am always sympathetic to the aim of having clarity in legislation, which is why we are taking the Bill forward this evening. I do not want to discuss an amendment that we have not yet reached, so I hesitate to engage further in that context, because it would be inappropriate. However, amendments need to be considered carefully for their unintended consequences. Legislation is always subject to legal challenge of whatever kind. I am talking about not only this Bill, but all forms of legislation. The separation of powers between this place, the Executive and the judiciary is part of our constitution and part of how legislation, of whatever nature, can be challenged in our courts. While I understand his desire to try to avoid that through express language, I do not think he is able to rule out challenges before our courts for a whole host of different reasons.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

[The Temporary Chair (Sir Roger Gale)]

Before we move on to clause 2, I should inform the House that the Home Secretary has tabled new clause 7 and amendments 7 and 8, which the Chairman of Ways and Means has selected. They will be debated with the amendments and new clauses relating to clause 6. I am advised that copies are available in the Vote Office.



Clause 2

Section 1: supplementary

Question proposed, That the clause stand part of the Bill.

[James Brokenshire]

Clause 2 sets out the meaning of various terms used in clause 1 and includes provisions that underpin and support the application of the powers contained in that clause. In particular, the definition of “relevant communications data” in clause 2 limits the communications data that can be retained to those specified in the existing data retention regulations: the data that are already being retained by service providers in the UK. To be absolutely clear, the Bill does not extend in any way the types of data that we will be asking service providers to retain.

The capability gaps identified and discussed during scrutiny of the draft Communications Data Bill will not be addressed and will continue to grow, impacting on UK law enforcement. As important as that matter is, I am sure that the Committee will agree that fast-track legislation is not the appropriate vehicle for considering addressing such gaps. The Prime Minister has made it clear that it is important that the issue is addressed in the next Parliament.

The clause also provides that the regulations made under clause 1 must be made under the affirmative procedure. We have placed in the Library a draft of the regulations that we intend to make, which will give Parliament the maximum possible opportunity, given the urgency of the matter, to consider the detailed contents of the regime before secondary legislation is taken through.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Grounds for issuing warrants and obtaining data