Investigatory Powers Bill

Scott Mann Excerpts

Tuesday 15th March 2016 Commons Chamber

[Scott Mann (North Cornwall) (Con)]

I know that there are strong feelings about the Bill on both sides of the House, but for me, it pits two fundamental issues against each other: privacy and security. Although the United Kingdom has no constitution, it is the leading light in laying down the main principles of democracy: such fundamental principles as “innocent until proved guilty”, trial by jury, freedom of expression, freedom of speech, and the right to privacy. Meanwhile, we have some of the best and most sophisticated intelligence agencies, which keep us safe and work around the clock with our world partners to tackle global crime and terrorism.

Along with their responsibility for maintaining our fundamental democratic rights, the Government have a responsibility to keep their citizens safe. Over time, the principles by which we live have evolved. In 1967, for instance, the House rightly passed the Sexual Offences Act, which decriminalised homosexuality and allowed thousands of people openly to express their love for others of the same gender. Likewise, in recent years we have seen a revolution in technology and the ability to communicate by many means: by telephone, letter, email or text message, and through the use of mobile phones, tablets, radios, computers, cameras, or pen and paper.

Even decades ago, when members of the public did not have computers or mobile phones, the right to privacy was under scrutiny as security agencies tapped telephone lines and secretly opened mail. For years the police have been able to look at people’s phone records. Just as that new form of technology had to be monitored so that criminals and terrorists could be caught, today’s emerging technologies, including encryption, should be monitored effectively. To those who oppose the extension of these powers from telephones to the internet, I say this: why should the internet be the one part of people’s lives that is off limits to surveillance? The security services must have the same ability to catch criminals and terrorists—through modern forms of communication —as they did 50 years ago.

Over the decades, we have seen a degree of balance, but in the background we have always had a Government who wish to keep us safe, and who use highly trained people and advanced technologies to identify threats in order to protect the freedoms by which we live. As the present Government address the increasing threat that we face, it is imperative that we continue to afford our citizens the same level of privacy and freedom that they have always had, and for the sake of which millions have people have put their lives on the line. I am therefore very pleased that the Government worked so constructively with campaign groups when drawing up the Bill.

In 2015, three reports concluded that the law was unfit for purpose. First, the Anderson report recommended that judges authorise communication intercept requests, and also recommended the creation of an intelligence commissioner. Secondly, the Intelligence and Security Committee’s report concluded that the legal framework within existing laws had developed “piecemeal” and was “unnecessarily complicated”. Its key recommendation was for a new Act of Parliament that would strengthen privacy protections and improve transparency. Thirdly, the report of the independent surveillance review by the Royal United Services Institute also concluded that new legislation was needed, and that warrants relating to national security that were signed by Secretaries of State should be subject to judicial review.

The Bill addresses the recommendations and concerns contained in those three reports. It keeps the principles of our democracy at the heart of its mission to stop criminals, terrorists, child traffickers and abusers, and, ultimately, to save lives. That is why I shall support it this evening.