Data Retention and Investigatory Powers Bill

Lord Judd Excerpts

Thursday 17th July 2014 Lords Chamber

Rather, it would be better if the new Government were allowed to develop their own policies, taking advice as appropriate, and enact legislation within their first 18 months. If noble Lords think about it, they will recognise that that is a pretty tight timetable. The new Government would also have the benefit of the Joint Committee of Parliament that all parties have agreed should be established after the election.

[Lord Judd (Lab)]

The Minister is being very persuasive, as was my noble friend in her pertinent analysis. What I am concerned about in all this talk of Clause 7 is that the reviewer must report to the Prime Minister by 1 May next year. Are we trying to open up a public debate on these issues or are we not? If we are, Parliament should debate that report before we go into the general election.

[Lord Taylor of Holbeach]

That is not the deadline that has been agreed by the party leaders. After all, 1 May is a deadline; it does not mean that the independent reviewer will not report before then if he feels that it is satisfactory to do so. It is important to remember that the presence of a sunset clause, while it is absolute in its end date, does not mean that legislation could not be considered before that time if a Government decided that they were in a position to present it in Parliament.

Creating a committee is entirely appropriate and democratic, but it will take time. I do not believe that committees are stuffed with placemen. My noble friend Lord Strasburger, who holds very strong views on this issue, was part of the joint scrutiny committee chaired by my noble friend Lord Blencathra which considered this Bill.

[Lord Taylor of Holbeach]

I take that chiding. I am big enough to cope with it. I do not think I have ever failed to answer this House when it has asked me to consider a matter of this nature.

Clearly, Parliament will want to judge both the report of the Joint Committee and the new legislation that replaces this Bill. It will be a new Parliament; it will be a new committee. It will not be the committee chaired by my noble friend Lord Blencathra. The amendment would make it difficult for this to happen. It would also curtail proper public debate about this issue. I am not a last-minute convert in the way that my noble friend Lord Strasburger has described. I believe in transparency; I believe in talking about issues that concern the public. That new legislation will set out new powers and capabilities for the future—potentially wide-ranging powers. The legislation that we have before Parliament today just maintains the status quo, and we have heard the understandable concerns about the pace of its passage.

Perhaps I might say something in response to the speech by the noble Lord, Lord Rooker—I nearly called him my noble friend; I should not say that. He talked about language and the way we communicate difficult ideas. He referred to the problems that elites and those of us with responsibility have in talking to the public as a whole—the use of language. I could not agree with him more. All Governments and all Parliaments must seek to identify through language. It is the thing that we have in common; it is the way in which we communicate with each other; it is the way in which I hope that I am convincing the noble Lord, Lord Judd, of the reason for having this particular date. Language is important.

[Lord Judd]

I am really grateful to the Minister for taking my point. If we really believe what he is saying, and I do not doubt for a moment that he is absolutely sincere, the public have the right to be in the picture before they decide how to cast their vote in a general election, because these issues are central to the whole purpose of government. From that standpoint, the anxiety of the public is that it is all a closed club that is dealing with this in the parliamentary context. If we are going to take the report so seriously and are putting so much emphasis on Clause 7, it is a great shame that we will not get the public in on the act before the election takes place.

[Lord Taylor of Holbeach]

What the noble Lord is talking about is political leadership. Political leadership, I am sure, will mean that there are opportunities to discuss this matter during a general election.

This has been a good debate, and I am quite happy that we have had to discuss this issue, but I urge the noble Lords who have proposed the amendment to withdraw it.