Electronic Communications

John McDonnell Excerpts

Tuesday 22nd July 2014 Commons Chamber

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

I would like to vote against these regulations but will not, because I do not wish to eat into the time for the summer recess debate, which I also want to participate in—there is self-interest in that as well. I just want to raise again the issue of professional secrecy. The Minister said in his introduction that that would be dealt with. In last week’s debate, it was to be dealt with in codes of practice and guidance, but now it will be built into the decision-making process. The concerns raised relate to the legal profession and to journalism. I would welcome the opportunity, as secretary of the all-party group on the National Union of Journalists, to meet the relevant officials to talk through how the protections will be implemented and what advice they might be able to give to ensure that there is no incursion on the rights of journalists to report accurately and truthfully.

I see that, in paragraph 6.1 of the explanatory memorandum, the Minister has signed off the usual caveat:

“In my view the provisions of the Data Retention Regulations 2014 are compatible with the Convention rights.”

Bearing in mind that a similar statement was struck down last time in relation to the directive, will he take the exceptional step of publishing the legal opinion on which he based his judgment? I have a sneaking suspicion that this one might be challenged as well.

[James Brokenshire]

I am grateful for the support for the regulations offered by my hon. Friend the Member for Cambridge (Dr Huppert) and the right hon. Member for Delyn (Mr Hanson). I understand the concerns that the hon. Member for Hayes and Harlington (John McDonnell) flagged up last week during our debates on the Act. He has highlighted issues relating to different categories of what I might describe as either protected or special groups of individuals in relation to the powers under RIPA. It would be the intent to obtain data from a communications data provider that would principally be at issue in such a context, and that would appear to fit within the code of practice relating to acquisition and disclosure. We therefore intend to bring forward amendments to that code as part of the arrangements. However, I recognise that the hon. Gentleman has flagged up those issues, and I will perhaps write to him—

[John McDonnell]

Or meet me?

[James Brokenshire]

Equally, I will see whether it is possible to facilitate a meeting with my officials so that they can hear more directly any concerns that might be raised.

I can tell the right hon. Member for Delyn that the interception of communications commissioner will look at the operation of the new legislation, which includes the regulations made under it, as part of his six-monthly review. I hope that that clarifies that point and gives him further assurance.

I also want to make it clear that I stand by the statement in the explanatory memorandum about compliance with the European convention on human rights. That is the purpose behind the Act and the regulations, reflecting the judgment. That is why we have made these changes to secure the legal base—

[John McDonnell]

And the legal opinion?

[James Brokenshire]

The hon. Gentleman asks about the legal advice. He will know that it is not the practice of the Government to share or publish our legal advice, but I stand by the statement that has been made. I welcome the support of the House this afternoon, and the regulations will come into effect.

Question put and agreed to.

Resolved,

That the draft Data Retention Regulations 2014, which were laid before this House on 21 July, be approved.