Counter-Terrorism (Statutory Instruments)

Mark Field Excerpts

Monday 16th March 2015 Commons Chamber

[James Brokenshire]

The right hon. Gentleman will know that David Anderson, the independent reviewer of counter-terrorism legislation, is examining the RIPA issue very keenly. We await his report, which we expect to be completed before May and which I sincerely believe will help to inform further consideration of the Act during the next Parliament. The right hon. Gentleman will also know that the Data Retention and Investigatory Powers Act 2014 has an end date of 31 December 2016, which means that Parliament will have to return to the issue—informed, I am sure, not only by the independent reviewer’s report, but by that of the Select Committee.

[Mark Field (Cities of London and Westminster) (Con)]

I appreciate that we have the commissioner’s report, that the independent reviewer’s report is imminent and that there is a time limit of December 2016. However, given the grave concern that exists about, in particular, the powers and constraints affecting journalists, will the Minister assure us that he will keep the matter under general review, and that, if a problem arose, even with these orders, by the end of the year—or, indeed, within a matter of months—he would be willing to come back to the House and look at it afresh?

[James Brokenshire]

I assure my right hon. Friend, whom I congratulate on becoming a member of the Privy Council, that the matter will be kept under close scrutiny and review. We have published draft clauses, which could be enacted quickly in the next Parliament, to regularise the position. We recognise that this is an interim measure, and we want it to be enshrined in primary legislation that the House would have a full opportunity to debate. I should add that the code of practice provides for requests to be flagged up to the commissioner, and thus allows additional scrutiny to take place. I hope that that reassures my right hon. Friend.

The commissioner also recommended further changes to the guidance in the acquisition code, and we have sought to implement that recommendation. The code is now clear about the need to consider more than rights to privacy—in particular, the right to freedom of expression must be taken into account when that is appropriate—and it also contains new guidance on the considerations of necessity, proportionality and collateral intrusion, including unintended consequences.

The revised acquisition code enhances the operational independence of the authorising officer from the specific investigation for which communications data are required. It includes new, enhanced protections for those who may have professional duties of confidentiality or privilege. However, it is important to remember that we are debating communications data, not the content of communications.

The retention code sets out how the Government implement the requirements in the Data Retention and Investigatory Powers Act 2014 and the Data Retention Regulations 2014. It covers the following issues: the review, variation and revocation of data retention notices; communications service providers’ ability to recover their costs; data security; oversight by the Information Commissioner and safeguards on the disclosure; and the use of retained data by communications service providers.

The House will be aware that both codes underwent public consultation. The Government received about 300 submissions from organisations and individuals suggesting amendments and providing comments on the codes. I am grateful to all who took part. We have published a summary of the submissions received and how the Government have responded to them. The Department considered all the responses to the consultation and many of the suggestions have been adopted in the final drafts.

I would like to address briefly the final instrument in this motion: the Authority to Carry (Civil Penalties) Regulations 2015. They establish a penalty regime for breach of any requirement of the authority to carry scheme 2015, which this House approved on 10 March. A carrier may be liable to a penalty for breach of the following: a requirement to seek authority to carry a person; a requirement to provide specified information by a specified time; a requirement to provide information in a specified manner and form; a requirement to be able to receive communications in a specified manner and form; or a requirement not to carry a person when authority to carry has been refused—this is an important part of the code.

The scheme specifies that it is the requirements set out in detailed written notices issued to carriers under the Immigration Act 1971 or the Immigration, Asylum and Nationality Act 2006 that must be met under the scheme, rather than those requirements being specified in detail in the scheme itself.