Proposed Directive (Information Systems)

Julian Huppert Excerpts

Thursday 3rd February 2011 Commons Chamber

[James Brokenshire]

The directive builds on the convention and deals with certain additional issues, such as the response that other EU countries provide to requests for information on cyber-related attacks and cybercrimes, so we think that it has important benefits. It is precisely because of those practical benefits that we think it appropriate to opt in at this point and to negotiate on and change the drafting where it requires further work. We believe that, because of the directive’s practical and direct benefits, it is important to be there and do that.

[Dr Julian Huppert (Cambridge) (LD)]

Will the Minister help me on a technical point? I understand that the directive is a repeal-and-replace measure; it repeals a directive to which the UK is party and replaces it with a new version. If the UK had opted out of the directive—I am glad that it has not—would it have still considered itself bound by the original 2005 framework decision? If not, what would the implications have been for UK cyber-security, given that that framework decision provides for police and judicial co-operation on cross-border cyber-threats?

[James Brokenshire]

I am very grateful for the hon. Gentleman’s question, which transcends this directive, which is a Title V measure, as contrasted with the third pillar measures that are subject to the potential block opt-out in 2014. I hesitate to go into the technicalities, but we have clearly opted in to the directive, so it falls within the Title V base rather than the third pillar base. It was a technical question, and I am sorry for that rather technical response.