Data Retention and Investigatory Powers Bill

John McDonnell Excerpts

Tuesday 15th July 2014 Commons Chamber

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

I thank all the right hon. and hon. Members who have contributed to a vibrant and valuable debate. I note that some comments were made about the role of the House in defending liberty and ensuring that we strike a balance between collective freedoms and individual liberty. The speeches this afternoon have brought that to the fore, and I understand and recognise the significance of the legislation before the House this afternoon. The Government have to work quickly to address the problems created by the judgment of the European Court and declining co-operation from communication service providers. The Bill has undergone some good debate and challenge this afternoon.

I welcome the fact that, almost without exception, right hon. and hon. Members who have spoken have understood the importance of interception and communications data in the fight against terrorism and other serious crime and have therefore supported the Bill. Several hon. Members highlighted its import in confronting child abuse and safeguarding children. It will play a crucial role in enabling our law enforcement agencies to bring crimes to justice.

Sometimes this debate can be framed round security—what the intelligence agencies are doing. Actually, much of it is about what our police and law enforcement agencies are doing to identify, prosecute and bring to justice those who would harm our constituents; about how the use of communications data is such an integral part of that; and obviously, as we all understand, about the importance of intercept. I was struck by the speech of the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), who referred back to the year that I was born and his role at Royal Mail, reflecting on how interception played such a role even then, but in a different way, and on how technology has moved on. We have discussed the vital importance of this Bill in ensuring that those who work to keep us safe can continue to have the tools that they need. That is at the heart of our debate.

Some speeches were framed on the basis that this Bill is extending powers. I reiterate, yet again, that it is not about extending powers but about maintaining the powers that already exist to retain data, including under the Regulation of Investigatory Powers Act 2000, in order that our police and law enforcement and security agencies, and others, can continue to do the work that they do now.

A number of Members mentioned the European Court judgment. Let me briefly go through some of the issues that were highlighted. On scope, the Bill will limit any data retention to a strict list of data types specified in the data retention regulations. It will enable the Secretary of State to issue data retention notices to communications services providers, on a selective basis, only if she considers the obligations to be necessary and proportionate.

On duration, each notice will have to specify the duration for which data is to be retained, up to a maximum 12-month period. If it is not proportionate to retain certain data for a full 12 months, that enables a lower period to be chosen. Again, that reflects some of the comments made in the European Court judgment, with a clear requirement for the Secretary of State to keep any notice under review. Access will be limited to that which is necessary and proportionate under RIPA.

On storage, the UK already imposes strict data security requirements on our communications service providers. These will become part of the notice requiring a CSP to retain data and will therefore be enforceable. It is right that we have reflected on the European Court judgment, but we retain our focus on what the powers are today as well as reflecting on some of the points that the Court made.

[John McDonnell (Hayes and Harlington) (Lab)]

Part of the judgment proposes that the Government provide exceptions for persons whose communications are subject to an obligation of professional secrecy. That does not seem to be covered in the Bill or in the draft regulations.

[James Brokenshire]

I hope that in Committee we will be able to get on to the role that the statutory code of practice may play in that regard. The hon. Gentleman will note that there is reference to that in the Bill, and we will be able to discuss it shortly.

It is important to note that the Intelligence and Security Committee has endorsed these proposals, with one notable exception. Indeed, the Home Affairs Committee has done the same, obviously recognising that there may not have been unanimity in that respect. It is important to say that Committees have reflected on and examined this and seen that it is about protecting the status quo.