Investigatory Powers Bill

Kevin Foster Excerpts

Tuesday 15th March 2016 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe), although I disagree with his analysis and with what he says about the Bill being a blank cheque and about the provisions being ones that North Korea or China would welcome.

I also disagree with the many comments characterising the Bill as a snoopers charter, and I agree with my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and the shadow Home Secretary, the right hon. Member for Leigh (Andy Burnham), that it is an insult to those who work so hard to provide for our safety to characterise it in that way.

Some have accused the Government of bringing the Bill before the House too quickly; indeed, the hon. and learned Member for Edinburgh South West (Joanna Cherry) said it was a “rushed job”. Again, I disagree. There has been extensive prelegislative scrutiny of the Bill, and there will be further opportunity to scrutinise it during its later stages.

I will focus on one aspect: the authorisation under parts 2, 5, 6 and 7. On that, I agree with much of what my right hon. Friend the Member for North Shropshire (Mr Paterson) said. Essentially, the choice is whether authorisation should come from the Secretary of State, the judiciary or a combination of the two. One initial recommendation was that the Secretary of State’s authorisation should be replaced by judicial authorisation. That suggestion would replace a practice several centuries in the making, and I disagree with it.

It was said that judicial authorisation would improve public confidence in the system. I have great respect for the judiciary—as a lawyer, I have to say that, but it also happens to be true. However, I regret that it is thought that handing these powers from the Executive to the judiciary would improve public confidence, and I regret that this place and politicians are held in such low esteem. My firm view is that we should not pass the buck just because these decisions are difficult and may be unpopular, for that would risk making politicians yet more unpopular.

It has been said that Ministers are not accountable, but I disagree: they are accountable to Parliament, Select Committees and the electorate. That contrasts with judges, who, however well respected—and, of course, they are—are not elected and not accountable. This decision is an Executive decision, and as such it should certainly involve the Secretary of State. If the proposal had been that the judiciary alone would make these decisions, I would be rising to speak against the Bill. As it is, the double lock—authorisation from the Secretary of State, but with a check from the judiciary—means that I can support the proposals.

[Kevin Foster (Torbay) (Con)]

Does my hon. Friend agree that, given the nature of these powers, no Secretary of State—certainly, no Home Secretary—would come to the House and say, “I didn’t know,” if there had been a controversy about their usage and about a warrant?

[Michael Tomlinson]

As always, my hon. Friend makes an insightful point, and I am grateful for his intervention. As drafted, however, the double lock is a sensible compromise, which perhaps strikes the right balance. In the broader context of the Bill, and as set out, the test in the Bill is just, necessary and proportionate, and I will be supporting it this evening.

--- Later in debate ---

[Kevin Foster (Torbay) (Con)]

It is a great pleasure to follow my hon. Friend the Member for Croydon South (Chris Philp). This type of Bill is always difficult in a democratic Parliament, where our wish for freedom in a democracy clashes with our need for security and to prevent harm from being done to us. At times this afternoon, the debate took me back to the seminars that I used to sit through at Warwick University, where we would sit around and discuss a moot point. This debate is not about a moot point, however, as my hon. Friend has just pointed out and as the hon. Member for Belfast East (Gavin Robinson) movingly said in his contribution. It is about real issues, real people and real threats to our communities with real outcomes, depending on what legislation we finally put in place, so it is not just a philosophical debate.

The alteration of our investigatory powers legislation is long overdue. My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) pointed out that 66 pieces of legislation govern this area, and some elements of surveillance and investigatory powers in the Bill are, shall we say, being avowed in legislation for the first time. They are happening, but they are now being brought into the legal framework. For me, it is right that the Bill is being introduced.

Interestingly, we have had talk this afternoon about the amount of time that we have been given to debate the matter, but it has been over an hour since we last heard from an Opposition Member. That tells us that when time is available for contributions, Her Majesty’s Official Opposition do not use it.

To focus on the key point, I am reassured by the judicial oversight provided by the Bill, combined with the Secretary of State’s responsibilities on warrants. After a controversial use of the new powers, no Secretary of State would be able to come to Parliament and say, “I knew nothing about it.” Likewise, a warrant could not be issued if it was not proportionate, because of the need for judicial oversight. Given how strongly our judiciary has stood up to the Executive over the years on the use of certain powers, I do not see any reason why in this instance, the judiciary would suddenly feel compelled to give in.

A lot of the views expressed in the debate have been about details, but this is Second Reading, not Report or Third Reading. Those stages and, crucially, the Bill Committee, are yet to come. All the arguments I have heard this afternoon from hon. Members, including the Home Secretary, have been about giving the Bill a Second Reading. That will only happen if Members vote for it, rather than sitting on their hands in this Chamber.

I welcome the introduction of the Bill. There is more work to be done on it, but that is why we should give it a Second Reading, and I will certainly vote for that to happen.