Investigatory Powers Bill

Debate between Seema Kennedy and Lord Elliott of Ballinamallard

Report: 2nd sitting: House of Commons
Tuesday 7th June 2016 Commons Chamber

[Seema Kennedy]

I thank my hon. Friend for that intervention; he speaks with great experience.

Bulk powers are not novel. The powers already exist, but they are being given better oversight, scrutiny and transparency here. Some Opposition Members have spoken about the lack of necessity for these powers, but the necessity arises from an absolute obligation on our intelligence services to be as flexible and nimble as our enemies. Other Members, including my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), have set out the operational necessity of bulk data collection. It is about collecting information on overseas targets and providing that first sift of information—like a haystack, as my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) mentioned—so that it is possible to drill down to the necessary data and discover new threats from people who were previously unknown and identify patterns of behaviour. That would then exclude innocent citizens and facilitate more targeted searches.

The effectiveness of collecting bulk data is borne out by the fact that it has been used in every major counter-terrorism operation in the past decade. It has prevented 95% of cyber-attacks and disrupted 50 paedophiles. It is clear that the UK does not undertake mass surveillance, first because of the existing legal framework in which the intelligence services already operate, and secondly because of resource constraints. I know that the Bill Committee heard evidence about that.

I want to speak briefly about the wrong hands argument to which the hon. and learned Member for Edinburgh South West (Joanna Cherry) referred. My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) quite rightly said that if we worried about the wrong hands everywhere, we would never pass any legislation. Only the security and intelligence agencies will be given the powers set out in the Bill. Those are people who have an interest in disrupting plots and bringing suspects to justice. Very little evidence is being brought forward to suggest that they are motivated by prying into innocent citizens’ private lives or that they use information wrongly. Millions of us, including all of us sitting here, handle sensitive data every day and are subject to rules, and to a large extent we obey that. Are we honestly saying that intelligence agents, having gone through rigorous vetting and appraisal, are less trustworthy than our bank managers, our GPs’ receptionists and our council officials?

The safeguards in the Bill pertaining to bulk powers are manifold and robust: the Secretary of State has to authorise bulk warrants; there is a double-lock authorisation procedure; the warrants are time-limited; there is a code of practice for the security and intelligence agencies on handling the data; and of course there is the review, which right hon. and hon. Members have expanded on at great length.

In conclusion, the proposed amendments would remove from the Bill the powers that are necessary for our security services to react to the evolving dangers that face our constituents today, here and now. Our security services do that while respecting our nation’s values. For that reason, I will oppose the amendments.

[Tom Elliott]

I welcome the opportunity to speak in this debate and to follow the hon. Member for South Ribble (Seema Kennedy). I fully support this legislation. If anything, I am beginning to worry that it is already being watered down. I want to make it even stronger. That is why I oppose the Scottish National party’s amendments. I heard the point made by the hon. and learned Member for Holborn and St Pancras (Keir Starmer) about health records; I appreciate that thought process and will support it if relevant amendments are proposed.

I have to say that I and some of my colleagues from Northern Ireland, and indeed on other Benches, have lived through the troubles and seen what terrorism has done. But we face a different type of terrorism now, and a different type of world criminality, much of which is conducted through technology—for example, via mobile phone signals and satellites and on the internet. We now have a totally different perspective. We therefore need a different mechanism, and we need it to be proactive, which is what I believe the Bill will do. It is about being much more proactive.

With regard to bulk capabilities, I do not see what the problem is. We have to have trust and faith in the people doing that surveillance and collecting that intelligence. If we do not have trust and faith in them to have the bulk capabilities, why do we have trust and faith in them to do other things? I think there is a real challenge out there for the wider public to realise what is actually going on in society. I do not realise everything that is happening, and I know that the wider public do not. That is why I have to have trust in those people who are carrying out these actions.

I am also aware that there needs to be a balance; I accept that. There needs to be a balance for the public, to avoid snooping and going into too much detail with these investigatory powers. However, that must be balanced against the wider public information that is required to deal with terrorism, criminality and the fraudsters in our society. For me, the priority in that balance is to deal with those people effectively. If that means people using those investigatory measures to look into some of my details, so be it. If I have nothing to hide, then I have nothing to fear. I have no difficulty with people looking at the details that are held on me, and that should be the same for the wider public if they have nothing to hide. There must be real opportunities here for the Government and the people who are carrying out the investigatory work to deal with those details. That is why I think the amendments we are debating overstep the mark and would reduce the effectiveness of the people dealing with those causes. My speech has been brief, but I think that it has dealt with the amendments succinctly.