Data Retention and Investigatory Powers Bill

Debate between John McDonnell and Julian Lewis

Tuesday 15th July 2014 Commons Chamber

[John McDonnell]

I hope that my hon. Friend the Member for West Bromwich East (Mr Watson) has formally requested a vote on amendment 2. If he has not, I would like to do so. I will deal quickly with some of the points that have been made. I think that the House is open to derision in putting such important legislation through in this time scale. The argument that the time is limited because we are abutting the summer recess and MPs are about to go on holiday opens us up to even more derision, so we will be held in contempt yet again. I say to the hon. Member for Cambridge (Dr Huppert), for whom I have a lot of affection, no matter how infuriating he can be at times, that the argument that a piece of legislation that could be undertaken in the next five months is somehow not as good as one that we will put forward in 24 hours simply does not hold water.

The point is that we are appealing to the Government today to give us the opportunity not only to have a thorough debate in this House, but to go back to our constituencies, as the hon. Member for Brighton, Pavilion (Caroline Lucas) said, and consult the people who put us here. With such a technical piece of legislation, I want to ensure that I consult my constituents and all those voluntary organisations and experts in the field. That includes taking expert legal advice on its exact meaning, because I no longer accept the argument—it has become confused today—about there being no new powers. I think that there are new powers, but I would like that to be verified by external advice. We have had no chance to do that. We have received, at best, a couple of briefings and a curtailed Select Committee hearing. My hon. Friend the Member for Aberavon (Dr Francis), who chairs the Joint Committee on Human Rights, appealed to the Government and said that all we need is the original judgment from the European Court of Justice and the points it raised, matched with the legislation and with clarification on which points the legislation addressed. We do not even have that.

Furthermore, we have the draft legislation before us, but not the guidance, which is the really meaningful part. It will specify who will be included and how it will be implemented in detail. That is still to come, so we are passing this legislation virtually in the dark. On the argument that there will be review after review, the Government’s new clause 7 simply means that a report of the review will be sent to the Prime Minister, but if it

“appears to the Prime Minister that the publication of any matter in a report under subsection (4) would be contrary to the public interest”—

not just prejudicial to national security—the Prime Minister can ensure that it is not given to this House. The definition of the public interest can be as wide as the Prime Minister determines. That is unacceptable. That is not open or transparent.

We have all been in this House long enough to know that having review after review is almost meaningless unless, at the end of the day, the Government decide to legislate or change legislation. A review process is usually used to put something on the back burner so that we can all ignore it as though it has gone away. The reason for a sunset clause is to give the whole exercise of reviews some bite. Without that bite, I am afraid that Governments do not act. The idea of having some bite at a distant point at the end of the following year means that this country will labour and languor under what I think will be an unjust piece of legislation for a long period, which could result in miscarriages of justice and an imposition on our freedoms. It is too long to wait. That is why the short curtailment of the sunset clause is critical to ensure that we give the matter serious attention; otherwise, it will drift further away.

The next five months give us the opportunity for full consultation, proper advice and full display of information, particularly on the Government’s statutory code. We could then come back after the recess and examine new legislation in detail, which may address some of the points that have been raised about the operation of RIPA. As the hon. Member for Broxbourne (Mr Walker) has said, this is no way to legislate and create laws that could have significant consequences for our constituents.

I have raised the issue of the secrecy of professional advice, which was provided for in the European judgment. That is supposed to be covered by the code of practice, but we have yet to see it. That advice could relate not just to lawyers, but to the operations of journalists who wish to expose matters of public interest and to trade unionists and others. This is a risk to civil liberties that I am not willing to support. That is why I support amendment 2.

[Dr Julian Lewis]

Having made a brief intervention earlier that was largely helpful to Members on both Front Benches, I will now rectify the balance by saying that, however one looks at this debate in terms of whether or not enough time has been made available for those who want to speak to have their say, the overall impression that has been given to the public has been unfortunate, to put it mildly. My understanding is that this Bill has been made necessary because of an ECJ judgment that was arrived at in April. It is now mid-July. Why on earth has it taken so long to get from that judgment all those weeks ago to the position now, whereby it appears to the public that we have to make what I believe to be very necessary changes in a terrible rush? They are under the impression—in the context, it must be said, of the paranoia over the Edward Snowden affair—that we are doing this in a desperately swift and ill-considered way.

Personally, I accept that there is some strength in the argument that the time the Government have made available at this very late stage is probably enough for most of the people who are likely to contribute to the debate in the Chamber to do so; but not enough time has been given to those in the country who want to develop the wider public argument. One would not like to give the impression that one was trying to get this Bill through in a rush before a suitable momentum of public concern had the opportunity to build up, but, if that was not the reason for the delay, what was?

Royal Fleet Auxiliary

Debate between John McDonnell and Julian Lewis

Monday 6th December 2010 Commons Chamber

[John McDonnell]

Thank you, Mr Speaker.

I refer to my interest as the convenor of the RMT group of MPs. I requested this debate to draw attention to and applaud the work of the Royal Fleet Auxiliary, and to raise concerns about its future in the face of looming cuts to ships and crew, and the threat of privatisation.

In the statement to the House on the strategic defence and security review, the Secretary of State for Defence made no reference to the Royal Fleet Auxiliary, nor is there a reference to it in the document. However, in the supporting documents, the future of the RFA is explained more specifically. It is clear from the policy briefing that there will be a range of cuts to ships:

“We plan to withdraw from service one Landing Ship Dock Auxiliary, one Auxiliary Oiler and one Auxiliary Oiler replenishment.”

It goes on to state that there will be personnel cuts:

“The Department has announced that there will be sizeable reductions in the number of civilians employed by MOD. The RFA will bear its share of these. The future manpower strength of the RFA will reflect its reduced size. Details will be announced in due course.”

More specific details were announced in a memorandum from Commodore Bill Walworth:

“SDSR for the RFA means we will lose a tanker, probably Bayleaf, an LSD(A)”—

landing ship auxiliary—

“probably Largs Bay, and an AOR”—

auxiliary oiler replenisher—

“probably Fort George.”

He stated that that would probably happen by April 2011. At the same time, we heard about the regeneration of Fort Austin, which is certainly welcome.

[Dr Julian Lewis (New Forest East) (Con)]

I am extremely surprised and alarmed at the suggestion that one of the Bay class ships might be disposed of. Those ships are brand new and have enormous military value, so much so that the Royal Navy has cast covetous eyes on them in the past, thinking that they ought to be fully RN-manned. Is the hon. Gentleman absolutely certain that there is a suggestion that Largs Bay might be disposed of so early in its service life?

[John McDonnell]

I can only refer the hon. Gentleman to the memorandum from Commodore Bill Walworth, who is responsible for the RFA, which specifically names those ships. I think that it is now in the public domain as a result of reports in Lloyd’s List. We will know the situation more clearly by April 2011, but those ships have been identified. I agree with the hon. Gentleman that it is worrying that a relatively new craft is concerned.

Further reviews are taking place, in particular the value for money review. The value for money review undertaken by the previous Government came to conclusions about the future of the RFA and its retention in the public sector. A further value for money review is linked to the SDSR and the comprehensive spending review. It looks as though the proposals, again according to a memorandum from Commodore Walworth, identify a target figure of 10% savings, which includes a significant number of personnel. If 10% is translated across, 220-odd seafarers could be faced with redundancy.

Anxieties have been raised in the various memorandums and documents that have entered the public domain about the potential privatisation of the service. A letter from Commodore Bill Walworth that I believe went to all personnel, including the unions, refers to a benchmarking exercise that has taken place with the shipping industry that was

“intended to demonstrate the value for money of the operational outputs that we all deliver.”

Benchmarking is perfectly appropriate if we are trying to ensure that there is value for money, but I have anxieties because of a further e-mail that is quoted in Lloyd’s List—I am not sure whether it has leaked or is in the public domain. It is from the RFA’s value for money review group:

“To date there has been work carried out to establish baseline costings of the RFA to inform the review and establish a set of requirements for the RFA that is understandable to”

the shipping industry. It continues:

“Two members of the Review Group will approach”

the shipping industry

“shortly to gauge their appetite to conduct the range of operations carried out by the RFA…This will probably start next week and we can anticipate some press interest.

RFA management has been involved in this work, to ensure that the private sector understands what is required to replicate current activity.

We will continue to work to ensure that when commercial offers are considered by the Review Group they take into account all that the RFA offers alongside that of the commercial options.”