Investigatory Powers Bill

Lindsay Hoyle Excerpts

Report: 2nd sitting: House of Commons
Tuesday 7th June 2016 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I know that the right hon. Member for Haltemprice and Howden (David Davis) is very good at whistling, but I am sure that shadow Ministers do not respond to whistles, and that the hon. and learned Member for Holborn and St Pancras (Keir Starmer) wanted to give way to him anyway.

[Mr Davis]

I was not intending to be discourteous, Mr Deputy Speaker.

The hon. and learned Gentleman said that it was not possible to screen out the correspondence of the various privileged groups he described. The issue arose at the Investigatory Powers Tribunal in respect of one of the Wilson doctrine cases, and that was the assertion made by the Government barrister at the time. However, I consulted a number of experts, including Ross Anderson at Cambridge, and they said that it was perfectly possible. A great deal of screening is already done to take out dross—issues such as pornography—and it is perfectly possible to screen out targeted groups as well.

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[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I hope that the hon. Gentleman will accept that I hold no brief for the SNP—I struggle on many days to hold any affection for it. But may I offer him the opportunity to reflect on what he has said about the duty of the SNP Members and others of us, including a substantial number on his Benches? None of us would seek to undermine the work of the security services, but it is our duty to ensure that the powers given to them by this House are necessary and proportionate. That is the work in which we are engaged here, and if we are talking about a breach of duty, it would be a breach of our duty if we were not to do that.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The right hon. Gentleman wishes to catch my eye very shortly, and of course I want to hear him speak, but I do not want to hear the speech twice. We need short interventions.

[Simon Hoare]

The right hon. Gentleman has offered me an invitation and I hope he will not be offended if I do not accept it. I do not wish to reflect on or reconsider how I have positioned this. Everyone in this House has to be incredibly careful not only what we say and how we say it, but how it can be understood or construed. The Labour Front Benchers have been very clear, and I welcome their position. For the past 12 months, almost since we debated the Anderson report in this place on that Thursday last July, it has seemed that those who are bringing together the collective wisdom of the SNP have watched just a few too many reruns of “Enemy of the State” and have read too many books where they presuppose that those honest men and women who, under the rule of law, are trying to keep us safe are, in some way or another, insidious, acting in an underhand and duplicitous way, and wish us ill. As I understand it, that is essentially what they are saying. Whether they have said it implicitly or explicitly, that is my interpretation. We heard it in Committee, which is why I will be opposing their amendment later on.

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[Simon Hoare]

Heaven rejoices when a sinner repents. Of course, Mr Deputy Speaker, it is marvellous news that there has been one amendment out of about 127,000 amendments that the SNP has tabled throughout this process that has been acceptable to Her Majesty’s Government. [Interruption.] Oh, it was just 1,000. It felt like 127,000. Forgive me. This is the fundamental point. The hon. and learned Lady is right, and that is why I find it surprising. The SNP is clearly a grown-up and mature party. It is now in its third term of government in Edinburgh. It will be discharging some of these duties. It will be consulted on different things by Ministers and by those responsible for appointing commissioners and all the rest of it. There seems to be a rather peculiar disconnect between the seriousness with which the SNP takes the duties of governance north of the border and this impression of flippancy it gives when it comes to national security.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I just help the hon. Gentleman? I know that he likes to bring the Chamber alive, but he needs to start to speak to the amendments. We have heard his antagonistic bits. Now I want to hear something about the amendment, because I also want to hear his colleagues, and I am sure that he does too.

[Simon Hoare]

Mr Deputy Speaker, you are absolutely right. I hope that I continue to be in order—

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[Mr Deputy Speaker]

Let me reassure you that you were not in order, which is why I want you to be in order.

[Simon Hoare]

Let me reiterate something that might have got lost in some of the steam. I am speaking because I oppose the amendment that has been tabled.

[Mr Deputy Speaker]

Order. I really do not need much advice. In fact, I will give a little bit of advice, which is that we speak to the amendment—we do not speak around it or leading up to it. It is the detail of the amendment that we want. I am sure that the hon. Gentleman wants to be back on track, and I welcome that.

[Simon Hoare]

I oppose the amendments because they would delete very significant powers that are required. I have—as I believe the Government have—confidence in our services to deploy in an accountable way. If the hon. Member for Glasgow North East presses her amendment to a Division, I will oppose her, even if no one else does. I am content with the arguments deployed by Ministers that those bulk powers are required. We cannot dodge our responsibilities on this. We may find that it infringes and impinges on the sacred flame of civil liberties but, to keep our country safe, so be it.