Data Retention and Investigatory Powers Bill
Debate between Jim Hood and James Brokenshire(10 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
James Brokenshire
I will speak to Government amendments 7 and 8 and new clause 7, which were tabled by my right hon. Friend the Home Secretary. I will also address the provisions that have been tabled by Opposition Front Benchers before turning to the issues with the timetable and the sunset clause.
The Government amendments provide for a review of the powers and capabilities. I am grateful to the right hon. Member for Delyn (Mr Hanson) for his comments about Opposition new clause 1, which relates to the same topic and sets out the terms of a review of the legislation. There is no difference of principle here. [Interruption.]
The Temporary Chair (Mr Jim Hood)
Order. I can hear murmuring. I have a wee bit of industrial deafness from a previous life, but even I can hear it. I notice that a lot of conversations are taking place. We have had a long debate. The Minister is summing it up and I hope that Members will give him the best of order.
James Brokenshire
Thank you, Mr Hood.
New clause 1 shows that there is overlapping ground on the review. There is no difference of principle in that regard. My right hon. Friend the Home Secretary announced in her statement last week that we would review the interception and communications data powers that we need, as well as the way in which those powers and capabilities are regulated, in the full context of the threats that we face. I am pleased that the independent reviewer of terrorism legislation, David Anderson, QC, has agreed to conduct the first phase of that work. Our amendments give that work proper statutory footing, and set out the issues that the review will need to cover. It will deal with the powers that are required in the light of the threats we face and how they are regulated, and it will require the independent reviewer to report before the next election. Crucially, it will require the review to take account not only of the threats we face, but also of the safeguards required to protect privacy, and the impact of changing technology on the work of the agencies to keep us safe.
On that basis the Government have tabled amendments that achieve what I believe the Opposition were seeking to do in their amendments on this matter. The amendments make that explicit and address the points that the right hon. Member for Delyn set out in his initial contribution. I think he said that he may be warming to new clause 7—sufficiently warmed, I hope, to withdraw new clause 1.
The periodic review of the legislation is important in assuring the House and the public that appropriate safeguards are being ensured, and that operations of communications data and lawful intercept are being conducted properly and appropriately. Should the Bill pass through the House, it will not extend the reach and remit of such measures, as some who have made earlier contributions have perhaps feared. I agree with the Opposition that while this legislation remains in statute until the sunset clause kicks in—in our view at the end of 2016, and I will come on to the specifics of that—and while reviews are being conducted, the provision of information from the interception of communications commissioner on a more frequent basis might help inform those making observations on the operation of and any deficiencies in the law on interception and communications data capabilities.
The right hon. Member for Delyn and those on the Opposition Front Bench have tabled a number of alternatives and amendments, and the Government are happy to accept new clause 6 and related technical amendments 4 and 5, alongside amendment 6, which adds to the long title of the Bill. Indeed, I think I should also formally move those amendments to ensure that they do not fall outside any timeline we may have. As I said, the Government are content to accept those amendments, and I invite the right hon. Gentleman to withdraw new clause 2 and amendment 3, which would have dealt with the same issues.
A great part of this debate in Committee has focused on amendment 2, which would bring forward the date at which the Bill ceases to have effect to 31 December this year, rather than the current date of 31 December 2016. With the greatest respect, and acknowledging the points that have been made, I do not believe that that is the most effective way to proceed and give the House the information to assess the broad issues of communications data effectively. We have set in train and committed to have an independent review from the independent reviewer of terrorism legislation on the broad area of communications data. If that review is concluded, the House will be better informed in assessing the balance of privacy and capabilities that exist, and considering how technology has changed and may impact on what is necessary. The independent review will be instrumental in providing that information, and in informing the next Government after the general election as to how to proceed on that basis.
The Prime Minister has said that he thinks that a Joint Committee should be established to take that review forward and have that additional scrutiny. We therefore have the long-stop date, which is a termination date in 2016. That does not get renewed; the legislation ends at that point to give this House and the other place appropriate time to legislate in the context of those reviews, as well as for further scrutiny or consideration by the Joint Committee.
James Brokenshire
On a point of order, Mr. Hood. I believe that amendment 5 is a technical amendment that may also be required. I do not know whether that will be dealt with now or later.
(The Temporary Chair (Mr Jim Hood)
That is not a point of order. I can tell the Minister that we will take amendment 5 after we deal with amendment 7.
Amendment made: 7, page 7, line 1, after “5” insert
“and (Review of investigatory powers and their regulation)” —(James Brokenshire.)
This amendment is consequential on NC7
Amendment made: 5, page 7, line 2, leave out “5” and insert
“(Half-yearly reports by the Interception of Communications Commissioner)” —(Mr Hanson.)
Amendment proposed: 2, page 7, line 2, leave out “2016” and insert “2014”—(Mr Watson.)
Question put, That the amendment be made