Communications Data and Interception

Lord Davies of Stamford Excerpts

Thursday 10th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

I am most grateful to my noble friend. As a former chairman of the Intelligence and Security Select Committee, I know that he—like the noble Lord, Lord West, from his ministerial role—can see inside this problem. I expect and want the House to scrutinise this legislation, because it is right and proper that we do so.

My noble friend is right also to point to the fact that the sunset clause allows an incoming Government only 18 months to put a new communications data Bill on the table if they choose to do so. If I were part of any such Government I would be exhorting prompt action in that area. Clearly, without the legislation that we are now hoping to bring forward, we place ourselves in an extraordinarily difficult position.

[Lord Davies of Stamford (Lab)]

My Lords, in all the unfortunate circumstances, the Government were quite right to respond to the ECJ decision as they have. However, on the first part of the Statement on the powers that we thought existed to compel private sector organisations to retain communications data, is not the unfortunate position in which the Government now find themselves a result of their tendency—perhaps more than a tendency; sometimes it looks like a default option—always to implement European directives whenever they can by means of secondary rather than primary legislation? It may the tendency of every bureaucracy, and perhaps every Minister, to try to minimise the degree of democratic transparency and parliamentary scrutiny through which they have to go to get legislation on the statute book. However, in the light of experience, do the Government not agree that they have been getting the balance wrong compared to other countries—the Minister cited the Irish and Danish examples—and that that balance needs to be looked at again?

[Lord Taylor of Holbeach]

Well, we are now coming forward with primary legislation; I hope that it meets with the noble Lord’s approval. I understand his point exactly, but we are dealing with that problem now. It has been the practice of successive Governments to deal with European directives in this fashion. Perhaps in some areas it may pay us to make exceptions to that, particularly if we think that there are matters that really ought to be brought to the attention of the House through primary legislation.