Data Retention and Investigatory Powers Bill

Lord Garnier Excerpts

Tuesday 15th July 2014 Commons Chamber

[Sir Edward Garnier (Harborough) (Con)]

Following on from the hon. Member for Brighton, Pavilion (Caroline Lucas), I fear that there is no such thing as a perfect piece of legislation. None the less, what we have produced today, albeit with some considerable speed, is a Bill entirely worthy of the support of the entire House. I hope that the other place will permit it to get on to the statute book as soon as possible. I just have one point of interest that I wish to raise with those with on the Front Bench. I am not sure whether a member of the Home Office team will be responding to the debate, but perhaps somebody could write to me when they have a moment.

Under clause 4, which deals with extraterritoriality, it is quite clear that there are companies providing telecommunications services that will have a place of business or somebody in this jurisdiction who will be able to accept service of an interception warrant and so come within the terms of the statute. My only concern—it is not a concern that will destroy the Bill in any way at all—is practical. There may well be some telecommunications providers external to this jurisdiction that do not have a place of business in this country and do not have someone on whom an interception warrant can be served. Therefore, they will, like so many other aspects of extraterritorial law, not be susceptible to this legislation.

I am assuming—I put this in the interrogative—that my right hon. Friend the Home Secretary will be having discussions, or has already had discussions, with her overseas counterparts to make sure that overseas jurisdictions will co-operate, if we ask them to, to ensure that those overseas companies comply with the terms of this legislation as a matter of comity, if for no other reason. It strikes me that there is a lacuna, perhaps a very small lacuna, which may not be capable of being dealt with, but which none the less needs to be thought about.