Investigatory Powers Bill

Lord Blunkett Excerpts

Monday 27th June 2016 Lords Chamber

[Lord Blunkett (Lab)]

My Lords, I rise to support the Bill. I was going to wholeheartedly commend the present Home Secretary for being prepared to listen and respond, but I fear it might do her chances of becoming leader of the Conservative Party enormous harm. She has the great merit of having taken responsibility in her life, and acted responsibly and shown a gravitas which others certainly do not.

I reinforce the point made by my noble friend from the Front Bench. We are, at this moment, in a more insecure and uncertain landscape than we have been for some considerable time. It is at moments just like this when your Lordships’ House provides the stability needed, and the accumulated experience and wisdom, to ensure that we get things right. I have not always thought so. Back in 2001, when I was piloting the then Anti-terrorism, Crime and Security Bill through the two Houses of Parliament on the back of the terrible attack on 11 September 2001, I often went home extremely aggrieved at amendments that your Lordships’ House had passed. However, I came in due course to respect the work that was done in this House, the wisdom that was brought to bear—not least by those with substantial judicial experience—and the ability to find solutions to agreed problems that were better than the ones we had set out in the first place in the Bill. So I come here to speak with some humility this afternoon.

While, as has been explained, much has already been done to improve the original draft of the Bill, I hope that we can speed its passage and ensure that the final touches are put to what is a very important piece of legislation. It obviously combines what was agreed in the past, which, not least in the Telecommunications Act 1984, reinforced what was not necessarily understood publicly. It ensures that there is a right of review, proper openness and scrutiny.

I can be brief because I have had the privilege of giving both written and oral evidence to the Intelligence and Security Committee and to the Joint Committee chaired by my noble friend Lord Murphy. I agree with what has already been said: much has been achieved by having a draft Bill and being prepared to listen to people. I shall make just two or three comments.

I reinforce what the noble Lord, Lord King, said: we are living in an era of enormous technical change. What is happening now through the world wide web and through cyber is completely different from anything that we experienced even 25 years ago, and we need to take account of that. The noble Lord, Lord Paddick, spoke movingly of what might have intruded on him had we been dealing with a circumstance such as the one that he outlined in his private life. It is important that we recognise those personal details but we should also take a 60-year step back and understand how far we have come in terms of privacy and individual rights. Do noble Lords remember the trunk calls that had to be routed through the local exchange? When I was a child, we had party lines with our neighbours, and there was a standing joke that they all knew precisely what we were doing and when we were doing it.

It is also true that we have come a long way in understanding the importance of having the right oversight. I was privileged to ask the noble Lord, Lord Carlile, to take on that initial role many years ago. Eyebrows were raised on my side of the House that I had asked a Liberal Democrat to oversee what I was up to in the Home Office. At the time, it was felt that I was quite a draconian Home Secretary, but we were dealing with extraordinarily difficult times. At such times challenging and difficult measures have to be taken but there always has to be the proportionality that has been spoken about—the balance between security and prevention on the one hand and individual liberty and privacy on the other. I know a thing or two about privacy and intrusion into people’s private lives and those of the people around them, not from the state—although who knows?—but from private interests intent on commercial gain. Therefore, I am wholeheartedly in favour of protecting the privacy of the innocent and ensuring that people’s private lives are respected, but the most important responsibility of any Government is protecting their people and ensuring that those who would use democracy to abuse liberty and privacy are counterweighted and acted against.

During the passage of the Bill in the weeks ahead I hope that we can deal with those outstanding items, but I also hope that we can do so with an understanding that our main responsibility to the British people when the threat level is severe is ensuring, in this moment of instability, that we provide the necessary powers to the intelligence and security community and the counterterrorism police, although we expect them to respond in kind. We also need to ensure that we build confidence among the British people that we know what we are doing and are doing it on their behalf.