Data Retention and Investigatory Powers Bill

Michael Connarty Excerpts

Tuesday 15th July 2014 Commons Chamber

[Mrs May]

The right hon. Gentleman makes an extremely important point. He highlights one of the reasons why it is important to pass this Bill and retain this capability in relation to communications data and lawful intercept. He is absolutely right: because the Republic of Ireland brought its communications data regulations into primary legislation, it does not have to respond to the ECJ judgment. It is because ours were in secondary legislation that we have to respond to the judgment.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

Using headlines like “Terrorism” or “Organised crime” and so on obviously chimes with the public, but I have never understood why one of the reasons for retention, in section 22(2)(c) of the Regulation of Investigatory Powers Act 2000, is if it is necessary

“in the interests of the economic well-being of the United Kingdom”.

There are accusations that these data-gathering exercises are in fact used for industrial and economic espionage by countries in the “Five Eyes”.

[Mrs May]

One point that I mentioned earlier, which was made by the European Court of Justice, was in relation to the scope of the Bill. We are making it absolutely clear that the purposes are serious and organised crime, national security and economic well-being, and we are clarifying the definition of economic well-being in so far as it relates to national security.

[Michael Connarty]

It says in the Bill that a retention notice may be necessary for one or more of the purposes

“falling within paragraphs (a) to (h) of section 22(2) of the Regulation of Investigatory Powers Act 2000”.

It is, as I said, economic espionage.

[Mrs May]

Clause 3 (1) states:

“Section 5 of the Regulation of Investigatory Powers Act 2000 (power to issue necessary and proportionate interception warrants in interests of national security, to prevent or detect serious crime or to safeguard the UK’s economic well-being) is amended as set out in subsection (2).”

Subsection (2) reads:

“(economic well-being of the UK), after ‘purpose’ insert, ‘in circumstances appearing to the Secretary of State to be relevant to the interests of national security’”.