Investigatory Powers (Amendment) Bill [Lords]

Nigel Evans Excerpts

2nd reading
Monday 19th February 2024 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

First, I thank all right hon. and hon Members for their contributions. This is a complex issue, and that is clear from the level of scrutiny and debate we have seen thus far. The Bill seeks to find a balance—the shadow Home Secretary referred to that very word, “balance”—between necessary investigatory powers and not having a Big Brother, nanny state.

I thank, as others have done, the security forces and those involved in the intelligence sector for all that they do, their work and their commitment and dedication to the job, which have made all our lives safer. Many in this House—I know a few, anyway—could say that they owe their lives to them, and I would be one of them. I thank them very much for all they have done.

I am keen to see work on international terrorism. I was talking to my friend, the right hon. Member for North Durham (Mr Jones), about how international terrorism works. The Real IRA has contacts in the middle east and eastern Europe. It has contacts where all evil organisations come together, because their ultimate intention is to create havoc and murder innocent people. This Bill is important, because it can address terrorism in Northern Ireland and its contacts with international terrorism. I hope and pray that the work will be successful. As someone who has lived through years of terrorism, I am well used to curtailed freedoms, with checkpoints and stop and search. I have understood the necessity for that and have been thankful for those protections. Let me be clear: I have no issue whatever with this Bill in principle, but I have some questions for the Minister.

Various constituents have contacted me to express concerns, and I want to put those on record, ever mindful of supporting the Government on this issue as measures come forward. I will take a few moments to seek some clarification. First, a concern has been outlined to me about having a notification requirement to require operators to inform the Secretary of State if they propose to make changes to their products or services, and I am sure that other Members have received that briefing. Open Rights Group states:

“While this objective may appear to be reasonable, it would allow the Home Office to prevent secure services from launching in the UK, even where they are rolled out elsewhere. This provision would allow the Home Office to place itself in a position of power over the provider as soon as it hears about the possibility of data being less accessible than it is currently. This situation would take place without reference to an independent authority to assess the rationale or proportionality. Such a move might not be proportionate, for instance, if the security technology had already been introduced safely and with demonstrable benefits to users in other parts of the world.

Open Rights Group is concerned that these powers could deny people the access to technological developments upon which people’s free expression and right to privacy rely. For example, major tech providers such as Apple have stated that they would pull certain services from the UK rather than compromise their security if this power was used to prevent them from rolling out security updates.”

I gently ask the Minister to be clear about why the presumption should not be made in the manner I outlined and what discussions have taken place to ensure that providers such as Apple can work securely in the UK. The right hon. and learned Member for Fareham (Suella Braverman) referred to the dark web and all the things that can happen in it. It is really important that the dark web is taken care of in this legislation.

Also highlighted to me were end-to-end encryption issues and the inability of service providers to see service users’ content in their apps and systems. I am not a technical whizz kid; I am the very opposite. I am of that old generation who can just about do text messages on their phone and turn on Zoom meetings, but if something goes wrong, I am lost. When it comes to technology, I am not au fait with it, but I do know this. I understand the need for people with no question mark above them whatsoever to know that their messages are private and that the Government are not storing information—that could be accessed by others—on them for no reason. It is important that that never happens.

Data breaches affected staff in my office when my accounts in the House were hacked in the last fortnight. We let the security people know, and I understand that it is not unusual for it to happen, but when it does and people’s content is accessed, it is important that such breaches are taken care of. We have also had the breach of data on police officers in Northern Ireland. Those are both testament to the fact that breaches occur. Therefore, only what is essential should ever be gathered and stored. Reference was made to the need to have robust monitoring and regulation. If that had been in place, the Police Service of Northern Ireland data breaches, which I think disadvantaged more than 3,500 people, would never have happened.

While I cannot browse and shop online—I have no interest in doing so—watch TV programmes online or do any of those other things, I do believe that there is a need for privacy. My concern is that the Bill is encroaching too far on those whom the Government have no reason to hold data on. I ask the Minister again to make it clear why any online search history should be stored. These are gentle questions—they are not meant to be intrusive or aggressive—but it is important that I put these matters on the record on behalf of the constituents who have contacted me.

I highlight the concerns of my constituent that the Bill’s proposed measures are poised to

“profoundly impact political dissidents and opposition figures residing in the UK. Refugees, political exiles and human rights advocates who have sought refuge in the UK deserve the assurance of digital safety and security.”

I seek that assurance for those who have fled offensive and oppressive regimes and sought refuge in this great United Kingdom of Great Britain and Northern Ireland.

I would further appreciate an insight into how we can ensure that there is freedom to express opposition, yet not see harmful rhetoric. That balance is clearly difficult to reach. I seek the necessary clarification that we have struck that balance. I very much look forward to hearing from the Minister, because I believe that his response will encapsulate the questions we have asked and give us the answers that we desire.

[Mr Deputy Speaker (Mr Nigel Evans)]

We come now to the wind-ups.