Data Retention and Investigatory Powers Bill

Debate between Julian Huppert and Lord Watson of Wyre Forest

Tuesday 15th July 2014 Commons Chamber

[Mr Watson]

I completely agree. It has been mentioned that there have been few MPs in the Chamber for some of the debate—the hon. Member for Cambridge (Dr Huppert), who has been in his place all day, reflected on that. The honest truth is this: are we really surprised at that, when Back-Bench MPs have been treated in this way by the Executive, when MPs did not even know that this Bill would be published until last Thursday and when they had 47 minutes to table amendments when the business motion was passed last night? Thankfully the Speaker has said that he would accept manuscript amendments today, under these unusual circumstances. If it is baffling for Back Benchers, how on earth can our constituents have any comprehension or faith in today’s process?

What our amendment would do is simple. It does not ask for a report—I know that the shadow Minister has said we can have a report, but that is not the same as discussing clauses in Committee and allowing elected representatives to tease out the issues. He knows what this is: it is a fudge, and it is an unacceptable one. What I am saying is that we should give the Government the benefit of the doubt tonight with a six-month sunset clause, which would give us plenty of time to discuss a Bill in the proper way.

[Dr Huppert]

It is a pleasure to serve under your chairmanship, Mr Hood, and to follow the hon. Member for West Bromwich East (Mr Watson). I hugely admired his stance on the Digital Economy Act 2010, just before I became an MP, when I watched as he stood alone against his own Government, who were trying to ram a piece of legislation through the House in something like an hour or 90 minutes—he will, I am sure, remember the exact time. He had Liberal Democrat support, but we lost every vote on that occasion. I hugely admire him, and I saw his articles in The Guardian on that occasion and his frustration at not getting responses to letters from those on his own Front Bench, although that is perhaps an issue for him.

I have to tell the Committee that I am tempted by what the hon. Gentleman said about looking back in six months’ time. It sounds quite attractive—[Interruption.]

[Dr Huppert]

Thank you, Mr Hood.

What the hon. Member for West Bromwich East set out is very tempting. I hear what he said and he made a strong case. However, although I have huge respect for why he is trying to achieve that, I am worried about what it would actually mean, because to get a new piece of legislation through in time it would, essentially, have to start now. I looked up the Identity Documents Act 2010—the first Act passed by this Government—which got rid of identity cards, something I am very proud of. It was obviously much easier to deal with, because it was getting rid of something, rather than creating something, so less scrutiny was necessary—we know what it is like not to have something. That was introduced in May and was not passed until December. It was very short—14 clauses, so only slightly longer than this one will be once we have added a couple of clauses. It took quite a long time to get it through the House, so if we were to get a replacement Act through in time, we would have to start now.

[Mr Watson]

May I parry the hon. Gentleman with another Act? The Academies Act 2010 was introduced on 26 May and received Royal Assent on 27 July. The complex Terrorist Asset-Freezing etc. Bill had First Reading on 15 July 2010 and received Royal Assent on 16 December. If we can pass legislation in three days in an emergency, it is not beyond the wit of man and woman to pass legislation in six months.

[Dr Huppert]

I agree that it could take six months, which is shorter than the normal time scale, but it still means that we would have to start very soon. I passionately want to see—I think the hon. Gentleman and I agree completely on most of the issues around this space—something better than what we have with RIPA and with lawful intercept. I am clear about that. I have outlined on other occasions where I would like to see substantial improvements, some of which we have secured now but the vast majority of which we have not. But I do not think that that work can be done in time. Even if we were to wait until after the summer, we would still have a very short period to get a Bill through on the normal timetable. That is my big concern. I do not think that we could have the review that the Royal United Services Institute is doing at the Deputy Prime Minister’s request. I do not think that we can have the review that we all want to see from David Anderson QC, who has done such a great job. We would not be able to have that done in time. What we would find—I know that this is not what the hon. Gentleman wants to see—is that it will be exactly the same Bill being taken through again at a slightly slower pace.