Investigatory Powers Bill

Lucy Frazer Excerpts

Tuesday 15th March 2016 Commons Chamber

[Lucy Frazer (South East Cambridgeshire) (Con)]

I am sorry to backtrack slightly, but I have just looked up the provision relating to “economic well-being”, which is fairly qualified. Clause 18(2) ties economic well-being to

“the interests of national security”.

However, it also states that a warrant will be necessary

“in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security”.

That provision is further qualified by subsection (5), which states that a warrant will be issued only

“if it is considered necessary…for the purpose of gathering evidence for use in…legal proceedings.”

Subsection (4) refers to

“information relating to the acts or intentions of persons outside the British Islands.”

It is clear that the position is extremely limited.

Let me add that, as a barrister who has presented a number of cases to judges, I believe that judges who look at legislation every day are perfectly adequate to the task of considering these principles.

[Andy Burnham]

I thank the hon. and learned Lady for the law tutorial. Her point may be one for Committee rather than Second Reading. However, I did refer to it earlier. The Bill uses the word “relevant”; it does not use the words “directly linked to national security”. She pulls a face, but I am sure that I speak for every Labour Member when I say that there is no room for ambiguity when it comes to these matters. The Government must be absolutely clear about what they mean. We have seen trade unionists targeted in the past on the basis of similar justifications, and we will not allow it to happen again.

--- Later in debate ---

[Lucy Frazer]

If the hon. and learned Lady thinks that international comparisons are important, does she agree that the judicial authorisation procedure proposed by the Home Secretary goes further than in other European examples, such as Germany, the Netherlands and France?

[Joanna Cherry]

We need to compare apples with apples and oranges with oranges. A more correct comparison is with jurisdictions such as Canada and America, the systems of which are more similar to ours than the continental European jurisdictions that the hon. and learned Lady describes, but I will come back to that when I get to authorisation.

I am sure everyone in this House wants to get the balance right between protecting civil liberties, and giving the security services and the police the necessary and proportionate powers to fight serious crime and terrorism. However, we in the Scottish National party believe that the Government’s attempt has not got that important balance right and we are looking forward to working with other parliamentarians to try to get it right. We are worried that the Government are not giving sufficient time for the consideration of this enormous Bill. The 14 Home Office documents relating to the Bill that were released to Parliament on 1 March, including the Bill itself, extend to 1,182 pages, which is almost treble the amount of material released with the draft Bill last November. There is a suspicion that the amount of material being released in large tranches, coupled with relatively short timescales within which to consider and amend proposals, is an indication that the Government do not really want proper parliamentary scrutiny of this. We are determined to do our best to make sure that sufficient parliamentary scrutiny is provided.

--- Later in debate ---

[Lucy Frazer (South East Cambridgeshire) (Con)]

Every day we compromise our right to privacy. Consciously or not, we are increasingly willing to share aspects of our everyday life with others. I will take just three examples.

The first is Google. Google’s online terms of service expressly state that it analyses content, including emails, to provide personally relevant product features. Secondly, by having location services enabled on our phones, we are allowing a third party to record and keep track of where we have been, for how long and how often. Thirdly, we are privately recording each other. According to a recent estimate, in one day in Manchester a person is likely to be caught on CCTV 100 times, in circumstances in which 1.7 million of the 1.85 million surveillance cameras are privately owned.

We are therefore already exercising choice, limiting our own privacy, and we do so willingly, simply to maximise convenience and to allow us to use a free service. There is a saying, well known in security circles, that unless you are one of a very small group of people, Tesco already knows a great deal more about you than MI5 ever will.

The question I have is this: when we are happy to share such information with international corporations, which have expressly stated that they will share our data with third parties, why do we push back at the prospect of the intelligence, police and crime agencies collecting data to improve the security of our nation and to protect our citizens, and especially when it is proposed that these powers be exercised with clear safeguards, transparency and judicial oversight?

I have had the privilege of working as a barrister. I have been fortunate to act for the National Crime Agency and HMRC, to bring those allegedly involved in money laundering to justice and to recover tax, and I am acutely aware of the need for investigation and evidence when calling to account those who are adept at covering their tracks.

I have read the detailed and thorough report that David Anderson prepared as part of his initial review, and I should also declare that I was fortunate to be his pupil when starting out as a barrister. [Hon. Members: “Ah.”] “A Question of Trust” highlights the importance of communications data in every aspect of security and crime detection and prevention. In his report, David Anderson stated that in 26 recent cases of terrorist activity, where 17 resulted in a conviction, 23 could not have been pursued without communications data, and in 11 cases the conviction depended on the data. That compares to Germany where, at the time of the report, data retention arrangements were not in operation. There, 377 suspects were identified, seven could be investigated and no arrests were made.

The right to privacy is not an absolute right. As individuals we choose daily to trade it in for our own convenience, but even lawmakers in the field of human rights have recognised that it is circumscribed. Even in article 8(2) of the European convention on human rights, which protects the right in generic terms, the right is qualified in the interests of national security and the public interest. The price of freedom is constant vigilance, because freedom is not anarchy.