Rights of EU Nationals

Debate between Joanna Cherry and Alex Chalk

Wednesday 19th October 2016 Commons Chamber

[Alex Chalk]

Let me just develop my point and then I will come to the hon. Lady.

Secondly, let us be clear: EU nationals are not going to be required to leave. It is not going to happen. I would not vote for it. The House would not vote for it. It would be morally bankrupt and economically ruinous. There is therefore a danger that the motion unnecessarily sets hares running. It stokes fear when none need exist.

The reality is that the duty of any British Government—this is plain as a pikestaff—is to protect the rights of their citizens. The SNP’s contributions have been disappointing because they have not acknowledged the fair point that 1 million British citizens living abroad want reassurance, too, because—guess what?—they have families, jobs and livelihoods that they do not want to lose. It is a fair point that no EU Head of State has provided our nationals with that reassurance, including Scottish nationals.

[Joanna Cherry]

If the rights of British citizens living abroad were so important to the Conservative party, why did it not give them a vote in the EU referendum?

[Alex Chalk]

I am always grateful for interventions, but with respect that is a bit of a distraction. That is not what we are focusing on here. We are focusing on the rights of British nationals overseas and EU nationals in the UK. It is wrong for us to be sidetracked in that way.

The SNP is right that this has to be resolved. I am concerned—I am sure some of my colleagues are, too—about this dragging on. My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) made a fair point about the Council summit tomorrow. I hope the opportunity will be taken to discuss the matter with Heads of State. Make no mistake, we are dealing with people here. It is incumbent upon Heads of State in Europe and our own Government to grasp the nettle and put the issue to bed, but, for the reasons I set out, I am not in a position to support the motion.

Investigatory Powers Bill

Debate between Joanna Cherry and Alex Chalk

Tuesday 15th March 2016 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

Striking the right balance between liberty and security is one of the most difficult judgments we have to make as a society. Anyone who has prosecuted and defended in our criminal courts—I see several here—well understands the tension that exists between the need to protect the public from harm and preserving our precious individual freedoms. This is therefore an immensely difficult issue, and if we get it wrong, the consequences are indeed serious. But the fact that we are able to approach this Bill in a calm atmosphere, and not against a backdrop of the panic and emotion of a recent outrage, is in no small part due to the constituents of mine working at GCHQ. Their quiet, brilliant work saves lives. They avoid the limelight and do not seek our thanks, but we owe them a profound debt of gratitude.

It would be a great mistake for calmness to give way to complacency, as serious plots are thwarted with alarming regularity. Before I came to this place, I was part of the team that prosecuted five young British jihadis who had travelled from Birmingham to Dewsbury intending to detonate an improvised explosive device filled with nails at a public rally. Had the plot succeeded, the potential for carnage would have been horrifying, and I have no doubt that we would be experiencing the repercussions today.

In my experience, the people in the intelligence agencies I have met, both as a barrister prosecuting terrorism offences and since my election, are scrupulous about remaining within the law. That means we have a covenant with them. We must provide them with a piece of legislation that gives them the tools to keep us safe, but we also owe it to them to create a framework containing the safeguards needed to command public confidence—nothing less than that will do. I believe that this Bill gets that balance broadly right and it deserves a Second Reading. That judgment has been possible because the Government have listened carefully and responded in appropriate detail to the legitimate concerns raised by the Joint Committee on the Draft Investigatory Powers Bill, the Intelligence and Security Committee and the Science and Technology Committee. However, valid points have been raised today, for example on whether we ought further to limit the pool of agencies to which ICRs can be available, and on the threshold for the type and seriousness of criminality that ought to trigger their use. Those legitimate points have been properly raised, but they can be raised in Committee.

I do not have the time to examine more than a fraction of what this Bill contains, but I wish to say a few words about bulk powers. The bulk data powers in the Bill are not new. The law today has long allowed the security and intelligence agencies to acquire bulk data under RIPA and so on. Those powers underpin a significant proportion of what our security services already do.

[Joanna Cherry]

Does the hon. Gentleman accept that at the time the Act he has just mentioned was passed, bulk powers were not in people’s contemplation? Therefore, although that Act may have been retrospectively interpreted to cover bulk powers, they have never before been debated or voted on by this House.

[Alex Chalk]

The hon. and learned Lady is absolutely right about that, but what is important about this Bill is that it shines a light on precisely those powers: it clarifies and consolidates them; it unifies them into a single document; and, crucially, it strengthens the safeguards that govern the security and intelligence agencies’ use of them. That is precisely why this legislation is so important. Crucially, in future, warrants for bulk powers will need to be authorised by a Secretary of State and approved by a judicial commissioner, which means we can be satisfied that those powers will be issued only where it is both necessary and proportionate to do so. Each warrant must be clearly justified and balance intrusions into privacy against the expected intelligence benefits.

There is so much to say, but time is limited. The upshot is that this Bill is not the finished article, but it forms the basis of a strong piece of law. I believe it can have as positive an impact as the Police and Criminal Evidence Act 1984, by updating and clarifying the law for those having to apply the relevant powers, while strengthening safeguards for those who are subject to them. If we get the detail right, I believe this Bill has the potential to become world-leading legislation. We should give this Bill a Second Reading.