Investigatory Powers Bill

Lord Bishop of Chester Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 19th October 2016 Lords Chamber

[Lord King of Bridgwater]

So the noble Lord does not agree with David Anderson or with those who said that this could be an essential asset and ingredient in possibly preventing a serious terrorist attack. He is saying that he does not believe that that is true, if I understand him; if he believes that it is true, he is being extremely courageous, in the words of “Yes Minister”, in taking that position. He is taking responsibility for what might happen to people in this country, which is a very brave thing to do.

I do not want to interfere with the slight divisions of view that are appearing among the Liberal Democrats in this House, but I have listened to the noble Lord, Lord Paddick, in a number of these debates. He is very conscientious and he looks as though he has worked very hard in preparing his brief and making speeches in support of the amendments, but he only ever gives us about half the story. He suggested in earlier debates that we were looking for powers that the agencies have not asked for and did not want, and said that he did not know why they were in the Bill. He knows the police—it is the police who are keen to get those powers. He did not put that in his speech; he did not tell the House the background, or that this was not some quirk of the noble Earl, Lord Howe, who wanted to shove stuff into the Bill for his own amusement. That is where that came from. I was disappointed by the noble Lord’s presentation of the amendment, as was exposed by the noble Lord, Lord Carlile. I do not think I heard a single mention of David Anderson or his report in the presentation of this amendment, although I may be wrong.

What stands out in this whole debate is that the Government know that these are very substantial powers, which nobody would wish to see if we could avoid it—and they are there because of the serious threat we face. The Government have recognised that if you are to have those powers, they must be surrounded by the most substantial safeguards there can be. I am known to be a critic of how much time the Government took before the Bill came forward. A number of us thought that there was an urgency about the matter and tried to get it earlier. But the Government have gone to great lengths, setting out the Anderson report and now, as the noble Lord, Lord Carlile, said, producing the code of practice. There was not a single mention from the noble Lord, Lord Paddick, of the code of practice, and I do not know whether he has considered it. I should like him to answer the question of the noble Lord, Lord Carlile. What does he think of the code of practice? It is a further safeguard that the Government have included in these proposals.

We have to protect our citizens. A number of us live with the threat of terrorism in our lives, in one way or another, and we know the tragedies it can cause in so many different fields. Sometimes we have to take tough and regrettable steps to make sure that innocent people—that everybody—is protected as far as possible. If that happens, I am determined to see that we do it in a situation and structure in which every possible protection is included against abuse and every possible system of accountability for their exercise is kept up to date and regularly inspected. The very elaborate provision that the Government have made in this Bill generally commands respect, except in one or two quarters, where people are still fighting an old battle about what old rights should be and how there should be no interference. In the modern situation in which we live, we must have proper provision to protect our nation and, at the same time, ensure that there is every possible safeguard against abuse.

[The Lord Bishop of Chester]

My Lords, I am sure we do not want to prolong this debate. As I said on Monday, I was a member of the pre-legislative scrutiny group. You might wonder why a Bishop was invited to be part of that exercise, but I think it was because of this point—the ethics of interference with privacy. I am sorry that the discussion so far has almost become too polarised, because the noble Lord, Lord Paddick, is making a serious point, which I demonstrate by quoting David Anderson in his evidence to the Joint Committee on Human Rights. He said:

“I think there is a human rights issue in relation to this Bill that dwarfs all the others, and it is the question of the compatibility of bulk collection and retention of data with Article 8 of the European convention”.

The noble Lords, Lord Paddick and Lord Oates, make a serious point and we should acknowledge it, even if we come down on the side of the noble Lord, Lord King—as I do—that these powers are necessary and proportionate. The argument is about the safeguards—namely, that the warrant has to be personally signed by the Secretary of State, lapses after six months if it is not renewed, and is subject to the judicial commissioners. The real argument is about that. I do not think internet connection records are in principle different from other things that might be intercepted. However, I acknowledge the serious ethical point that the noble Lords, Lord Paddick and Lord Oates, raised, even if I come down on the side of the Government and the noble Lord, Lord King, in opposing the amendment.

[Baroness Harding of Winscombe (Con)]

My Lords, I fear that we are repeating the debate we had the day before yesterday. If noble Lords look at this amendment, they will see three reasons why they could support it. One is if they feel that bulk data powers are unacceptable in any circumstances. A second is if they feel that the elaborate controls referred to by my noble friend Lord King and the noble Lord, Lord Carlile, are not good enough. The third is if they object in principle to the collection of internet connection records. From what I have heard this afternoon, the argument of the noble Lord, Lord Paddick, is entirely the third point. I respect his view on internet connection records but we debated this on Monday and the view of the House was very clear. I fear that we are simply repeating that discussion. We should move on.