Oral Answers to Questions

Simon Hoare Excerpts

Monday 5th September 2016 Commons Chamber

[Mr Speaker]

Order. We are running late and I fear that colleagues are making up for unspoken words in August with spoken words in September. That said, I am very keen to accommodate two further inquiries. I call Mr Simon Hoare.

[Simon Hoare (North Dorset) (Con)]

12. What steps she is taking to protect people from fraud and its effect on families and communities.

[The Minister for Security (Mr Ben Wallace)]

Fraud is a heinous crime, which can have a devastating effect on individuals, families and the most vulnerable members of society. That is why this Government launched the Joint Fraud Taskforce last February with law enforcement and banks, and have committed to spending £1.9 billion over the next five years on cyber-security, including to tackle cyber-enabled fraud.

[Simon Hoare]

I thank my hon. Friend for that answer. What specific assessments has he made of fraud in my area?

[Mr Wallace]

The Joint Fraud Taskforce will obviously cover all of the United Kingdom. Of course, members of the banks and other organisations that are on the taskforce will be involved in ensuring that when people commit fraud, they cannot take the money out of the country, which will provide at least some time to track it down. I congratulate the Dorset police who in 2015 launched a fraud prevention campaign called “Hang up on Fraudsters” after reports that my hon. Friend’s county had lost over £1 million to fraud.

Investigatory Powers Bill

Simon Hoare Excerpts

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

[Anne McLaughlin]

I would argue that the review should have happened before now. Even if it is completed within three months, that will not be while scrutiny of the Bill is taking place here by elected Members; the scrutiny will be in the other place by Members of the House of Lords, who are not elected.

We are also confident that the review’s findings will not be significantly different from those of the reviews carried out by other countries, which I will come on to in a moment. In other words, it is likely to find that bulk powers are not necessary and give us no unique information that could not be garnered by other investigative techniques. Regarding those other techniques, the Government are arguing that new clause 5 will mean that bulk powers will be used only when other investigative techniques show up nothing, because the new clause recognises the importance of privacy to the individual—indeed, new clause 5 has been dubbed the privacy clause.

[Simon Hoare (North Dorset) (Con)]

Although I served on the Bill Committee, the hon. Lady must forgive my ignorance. She mentioned other means aside from bulk powers. Is she going to delineate those to the House?

[Anne McLaughlin]

If the hon. Gentleman would care to exercise a little patience, he might get the answer to that. He might not, mind you. [Laughter.] No, he will. I am joking.

I understand that the Government are arguing that new clause 5 is a privacy clause, but how can we trust their commitment to privacy when between the publication of the draft Bill and the publication of this Bill the significant change to deal with the need for privacy to be of primary importance entailed simply changing the name of part 1 from “General Protections” to “General Privacy Protections”? This is not about words, but about intent, action and commitment, and inserting one word appeases no one.

--- Later in debate ---

[Keir Starmer]

I do agree with that, and I have emphasised to the security and intelligence services that there is value in this exercise from their perspective, in making the operational case for the powers that they exercise and wish to continue exercising. That is another good reason for the review.

There has been an ongoing concern, raised first by the Scottish National party and then by Labour in Committee, about access to medical records. The concern for Labour, which I am sure is the shared position, has been about “patient information”, as defined by section 251 of the National Health Service Act 2006. That means information relating to mental health, adult social care, child social care and health services. I do not need to spell out for the House why many members of the public—my constituents and, I am sure, those of many Members—are deeply concerned about the very notion of the security and intelligence services having bulk access to those sorts of sensitive records. We tabled an amendment in Committee proposing a high threshold for the exercise of powers in relation to those records, and this is reflected in amendments 303 to 305 before the House today.

The Government have tabled new clause 14 in response to our demands. Although it does not take the same form as amendments 303 to 305, on my analysis, because of the way subsection (6) is framed, it would cover mental health, adult social care, child social care and health service records. If, either now or at some convenient point, the Minister could indicate that his understanding is that it would cover those records, I will not press amendments 303 to 305 to a vote.

[Simon Hoare]

There is a golden rule in the Hoare household that when in doubt we turn to Kipling—not the exceedingly good baker, but our rather excellent writer. I pray in aid Kipling in order to summarise.

I was not intending to speak on this grouping until I heard the cases deployed by the SNP and by the hon. and learned Member for Holborn and St Pancras (Keir Starmer). On the latter point, I concur and support what he said entirely, but the approach of the SNP, which we have heard since Second Reading—it was certainly a golden thread running through Committee—is one of serious annoyance to me, as I am pretty certain it is to colleagues. I am absolutely certain it is of huge anxiety to our constituents. The hon. Member for Glasgow North East (Anne McLaughlin) obviously has constituents who are very different from mine. She and I served on the Immigration Bill Committee, as did the shadow Minister, some little while ago. According to her, no constituent of hers had ever raised the issue of immigration, yet all constituents have raised with her these huge Glasgow concerns about bulk powers.

[Anne McLaughlin]

Will the hon. Gentleman take an intervention?

[Simon Hoare]

In a moment, because I want to give the hon. Lady the benefit of the words of Rudyard Kipling. I do not personalise this to her; rather I make it as a general point to her party. The SNP has demonstrated:

“Power without responsibility—the prerogative of the harlot throughout the ages.'”

The SNP is using a position of power to malign and undermine, as it has continually sought to do, the confidence of this House and of the country in the robustness and ethics of those in our security services, who, day in, day out, seek to use—I agree with the point made by the shadow Minister that they also require this—the public confidence that they have in order to make sure they have the right skills and tools to keep our constituents safe.

[Joanna Cherry]

I very much resent what the hon. Gentleman is saying. Is he aware that one of the founding members of the SNP, Sir Compton Mackenzie, was a member of the British security services? Is he aware that in Scotland we have one of the best records of crime prevention in the world? Is he aware that we have responsibility in Scotland—we run the Scottish Government and are now into a successful third term? Will he please reconsider his remarks, which SNP Members and most people in Scotland will find deeply offensive?

[Simon Hoare]

All I will say to the hon. and learned Lady, once she has calmed down from her faux anxiety, is that Compton Mackenzie must be turning in his grave, because there is a significant dereliction of duty here. One would think—this may be the case in Scotland, and if so, SNP Members must forgive my ignorance—that there is no organised crime, and that there are no paedophiles, people traffickers, terrorists and drug dealers. One would think there are no people who are trying to do us ill. Perhaps, to use the analogy of my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), it is the view of the SNP that a quick rifle through a mail sack and the identification of a particular hand in a quill pen will be sufficient to interrupt some terrible deed. That may very well be, and SNP Members may be right that that will satisfy their constituents. I can tell them that it will not satisfy mine. My constituents look for the Government of the day, irrespective of the stripe, to carry out with seriousness and with democratic accountability the first duty of the state, which is to protect the realm and its citizens.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I hope that the hon. Gentleman will accept that I hold no brief for the SNP—I struggle on many days to hold any affection for it. But may I offer him the opportunity to reflect on what he has said about the duty of the SNP Members and others of us, including a substantial number on his Benches? None of us would seek to undermine the work of the security services, but it is our duty to ensure that the powers given to them by this House are necessary and proportionate. That is the work in which we are engaged here, and if we are talking about a breach of duty, it would be a breach of our duty if we were not to do that.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The right hon. Gentleman wishes to catch my eye very shortly, and of course I want to hear him speak, but I do not want to hear the speech twice. We need short interventions.

[Simon Hoare]

The right hon. Gentleman has offered me an invitation and I hope he will not be offended if I do not accept it. I do not wish to reflect on or reconsider how I have positioned this. Everyone in this House has to be incredibly careful not only what we say and how we say it, but how it can be understood or construed. The Labour Front Benchers have been very clear, and I welcome their position. For the past 12 months, almost since we debated the Anderson report in this place on that Thursday last July, it has seemed that those who are bringing together the collective wisdom of the SNP have watched just a few too many reruns of “Enemy of the State” and have read too many books where they presuppose that those honest men and women who, under the rule of law, are trying to keep us safe are, in some way or another, insidious, acting in an underhand and duplicitous way, and wish us ill. As I understand it, that is essentially what they are saying. Whether they have said it implicitly or explicitly, that is my interpretation. We heard it in Committee, which is why I will be opposing their amendment later on.

[Keir Starmer]

Let me put it on the record that I and the Minister said at the end of the Bill Committee that the SNP had played a significant role in ensuring that this Bill reached this stage of its proceedings in much better shape than it was when it was in Committee. It was a very constructive exercise by the SNP. SNP Members took different approaches on issues to us, but to suggest that they have not played an important part in this is not to reflect the views at the end of the Committee stage.

[Simon Hoare]

I am inclined to agree with the latter point, but at every step and turn, every SNP amendment, on my reading and on my hearing and my understanding, has been designed to delay and frustrate. We have had the canard that has run through the debate that we have not had adequate time to debate and discuss these issues. I will not rehearse the times, Mr Deputy Speaker, because you know them. You know how many Committees of this House have looked at the matter. The Bill Committee stood for a long period of time. We had a long debate on Second Reading. The Government, and the Ministers in particular, have bent over backwards to ensure that they can land this Bill in a shape and form that is acceptable to the vast majority of Members of this House and, one would hope, of the other place.

[Joanna Cherry]

If the hon. Gentleman thinks that all the amendments laid by the SNP were designed to delay or frustrate the Bill, how does he explain why his own Government accepted new clause 6 on “Civil liability for certain unlawful interceptions”—I do not know whether he was in the Chamber yesterday—which was an amendment tabled by me on behalf of the Scottish National party? I say again, perhaps he would like to reconsider his comments carefully.

[Simon Hoare]

Heaven rejoices when a sinner repents. Of course, Mr Deputy Speaker, it is marvellous news that there has been one amendment out of about 127,000 amendments that the SNP has tabled throughout this process that has been acceptable to Her Majesty’s Government. [Interruption.] Oh, it was just 1,000. It felt like 127,000. Forgive me. This is the fundamental point. The hon. and learned Lady is right, and that is why I find it surprising. The SNP is clearly a grown-up and mature party. It is now in its third term of government in Edinburgh. It will be discharging some of these duties. It will be consulted on different things by Ministers and by those responsible for appointing commissioners and all the rest of it. There seems to be a rather peculiar disconnect between the seriousness with which the SNP takes the duties of governance north of the border and this impression of flippancy it gives when it comes to national security.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I just help the hon. Gentleman? I know that he likes to bring the Chamber alive, but he needs to start to speak to the amendments. We have heard his antagonistic bits. Now I want to hear something about the amendment, because I also want to hear his colleagues, and I am sure that he does too.

[Simon Hoare]

Mr Deputy Speaker, you are absolutely right. I hope that I continue to be in order—

[Mr Deputy Speaker]

Let me reassure you that you were not in order, which is why I want you to be in order.

[Simon Hoare]

Let me reiterate something that might have got lost in some of the steam. I am speaking because I oppose the amendment that has been tabled.

[Mr Deputy Speaker]

Order. I really do not need much advice. In fact, I will give a little bit of advice, which is that we speak to the amendment—we do not speak around it or leading up to it. It is the detail of the amendment that we want. I am sure that the hon. Gentleman wants to be back on track, and I welcome that.

[Simon Hoare]

I oppose the amendments because they would delete very significant powers that are required. I have—as I believe the Government have—confidence in our services to deploy in an accountable way. If the hon. Member for Glasgow North East presses her amendment to a Division, I will oppose her, even if no one else does. I am content with the arguments deployed by Ministers that those bulk powers are required. We cannot dodge our responsibilities on this. We may find that it infringes and impinges on the sacred flame of civil liberties but, to keep our country safe, so be it.

[Mr Carmichael]

I can only regret the tone of the remarks of the hon. Member for North Dorset (Simon Hoare). Had he said anything about the content of the Bill or the amendment, I might have regretted that as well.

There are a number of matters on which I wish to touch today. I should like to speak first of all in relation to the review, which has formed so much of today’s debate. I very much welcome the appointment of David Anderson, QC. He commands respect and confidence in all parts of the House. As the hon. and learned Member for Holborn and St Pancras (Keir Starmer) said earlier, it is significant and important that, first of all, he has a remit that looks at the necessity of these provisions and also that he has been able to select for himself the team with which he will be working.

I very much hope that the report will be produced in time for the Bill to be given the benefit of it when it is considered in the other place. I say to the Minister that if it is a question of a week or two here or there, notwithstanding the deadlines to which we are all working, it would be proper for the Government to take the view that it is best to get this report right rather than to get it out quickly. For my part, I am disinclined to think that David Anderson would have taken on this job if he were not able to do it in the time that is allowed to him, but, as we all know with these matters, sometimes the unexpected happens and sometimes it is not always easy to get to the truth of things. I do hope that there will be a degree of flexibility among the Government’s business managers, not least if we need a Government day to debate the report, so that the House has its voice heard.

--- Later in debate ---

[Suella Fernandes]

I am astonished by the hon. and learned Lady’s suggestion that we are not at war. Paris, Brussels, Jakarta—I do not need to go on. We are engaged in a worldwide conflict against Daesh, and it is a threat to our security every day and every night.

[Simon Hoare]

My hon. Friend is right to draw attention to the terrorists, but let us not forget those who wish to wage war on the safety of our children through paedophilia and those who wish to wage war on the safety of women through people and sex trafficking. Those important elements are at the nub of the Bill, alongside terrorism, and we should not forget them.

[Suella Fernandes]

I totally agree. We are waging a foreign policy and international security war, but we are also waging war on the online fraudsters and the paedophiles. We are in a constant state of threat, and it is easy to delude ourselves if we do not face that threat directly.

Big data are presented to us as a modern phenomenon, but they are actually something that has been used before and that is quite old, and they lie at the heart of our heritage on national security.

Thirdly, the utility of bulk powers is clear. In its report, the Joint Committee made that clear after taking extensive evidence. At paragraph 340, we reported:

“We are aware that the bulk powers are not a substitute for targeted intelligence, but believe that they are an additional resource. Furthermore, we believe that the security and intelligence agencies would not seek these powers if they did not believe they would be effective and that the fact that they have been operating for some time would give them the confidence to assess their merits.”

The Committee concluded:

“we are content that the safeguards proposed by the Home Office, buttressed by authorisation by Judicial Commissioners and oversight from the Investigatory Powers Commissioner will be sufficient to ensure that the bulk powers are used proportionately.”

Therefore, after taking evidence from all sides of the debate, and from all the coalitions involved in this discussion, that was the considered conclusion of the cross-party Committee.

--- Later in debate ---

[Anne McLaughlin]

I most certainly will accept the right hon. Gentleman’s apology, but I reiterate that just because we come at this from a different angle does not mean that we are wrong. These are our opinions, and Government Members have their opinions.

I also want to mention the hon. Member for North Dorset (Simon Hoare), who was utterly offensive in his suggestion that we in the SNP quarter—[Interruption.] And the Lib Dem quarter, and everybody else on this side. The hon. Gentleman suggested that we do not care about terrorism or about people affected by paedophilia. Of course we care! He suggests that we do not just because we do not believe that this is the way to go about tackling those things, but we are not the only ones who believe that. It was really, truly offensive and below the belt, and I think the hon. Gentleman should apologise. I will accept it in writing if he is not going to do it here.

[Simon Hoare]

You’ll have a long wait.

[Anne McLaughlin]

I’ll wait a long time, will I? Okay.

To sum up, we will be pressing the amendment because we have heard nothing today that reassures us. The legislative process in the House of Commons is coming to an end, but how can we be expected to vote when there is to be a review? On that note, I appeal to dear and learned friends in the Labour party to think again about trusting this lot with the review, because not one Government Member—I know that the Labour party has not done this either—will say what they will do if the independent review shows that the bulk powers are unnecessary, as has been shown in the United States—[Interruption.] No, I gave the Minister an opportunity, but instead of answering the question, he took an intervention from the Government Benches. He has not said what the Government will do if the review shows what he is not expecting it to show.

Question put, That the amendment be made.

Investigatory Powers Bill

Simon Hoare Excerpts

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[Keir Starmer]

I was about to say that I will happily publish my letter but that I did not have custody of that of the Minister. I will make my letter available so that all Members can see the exchange and what I asked for in my letter, and the response I received. If we do that straightaway we will have it for the rest of the debate, and certainly tomorrow when we return to bulk powers.

Turning briefly to our other demands, we have consistently asked the Government for an overarching privacy clause, and I will return to that in a moment. As the Minister said, however, new clause 5 is an overarching privacy clause. We have tabled new clause 21, and in a moment I will discuss the differences between the two. We also stated that the Bill must include a provision to make it clear that legitimate trade union activities are not a sufficient reason for powers under the Bill to be exercised—that has been a long-standing concern of the Labour party and the SNP. We have tabled an amendment on that issue and held constructive discussions, and it was the third issue on which we have been constructively engaged. The fourth issue is that there should be a higher threshold for access to an internet connection.

[Simon Hoare (North Dorset) (Con)]

As someone who served on the Bill Committee with the hon. and learned Gentleman, I welcome the approach taken by the Labour Front Bench. May I remind him that the concern to ensure the legal entity and rights of trade unions and trade unionists was shared across the Committee and not just by Labour and the SNP? It was echoed by the Minister when he responded to the debate, and by many members of the Committee.

[Keir Starmer]

I actually said that that issue was being pressed for by Labour and the SNP—I think that is accurate—but of course I accept that in Committee, and outside, there has been constructive engagement by the Government. The Minister was quick to indicate a willingness to consider this issue, and discussions have been ongoing. It is important to have clarity so that legitimate trade union activities are protected. Our new clause is now broader than the one we considered in Committee because it goes to national security as well as economic wellbeing. It therefore covers trade union activities in this country, and not just acts outside the British Isles, as would be the case if it was just about economic wellbeing. Such constructive engagement has pushed the Bill forward.

As I said a moment ago, we have made significant demands—I do not hide that—and the Government have moved significantly in response to those demands. This is not a list of victories, scalps, concessions or U-turns; our demands were significant and we stuck by them, and in fairness the Government have responded in the right spirit—that is for those demands that we know about, although we will come to others during the debate.

--- Later in debate ---

[Chris Green (Bolton West) (Con)]

We know that, since 2010, the majority of security services’ counter-terrorism investigations have used intercepted material in some form to prevent those seeking to harm the UK and its citizens from doing so. It is vital that our security services are able to do their jobs well to maintain the operational capabilities of our law enforcement agencies and to prevent terrorism and other serious crimes. Living in the modern world with modern methods of communication, we must ensure our security services have the powers they need to keep us safe, while at the same time addressing privacy concerns and not inadvertently damaging the competitiveness of the UK’s rapidly expanding technology sector or communications businesses more widely.

I will not dwell on the privacy and oversight matters that so many right hon. and hon. Members have dealt with, but go straight on to the impact on the technological sector, which was covered by the Science and Technology Committee’s short inquiry on the Bill. One of the main concerns I heard from the technology sector in evidence sessions was the view that there needs to be more clarity about the extraterritorial application of the Bill and more consideration of its compatibility with the legislation of other nations. Failure to provide clarity will make it harder for the Government to achieve their own aim of delivering world-leading legislation. I am pleased that the Government have listened to the Committee’s concerns about industry, and that they intend to develop implementation plans for retaining internet connection records in response to the Committee’s recommendations.

In responding to the revised Bill, TechUK has praised the fact that the Government have responded to the criticism about ICRs. However, it has raised concerns that, despite that, no single set of data will constitute an internet connection record and that, in practice, it

“will depend on the service and service provider concerned”.

This highlights the difficulties that industry will face if required to generate and retain ICRs.

Although the Bill does not go as far as the Science and Technology Committee would have liked, by putting 100% of cost recovery into the Bill, the supporting documents reaffirm the Government’s long-standing position of reimbursing 100% of the costs. I am pleased that the Government have listened to the pre-legislative scrutiny that it and the Committees have provided.

In conclusion, although finding the balance between privacy and security is not an easy task, I believe that Britain needs to put in place this legislation to bring together powers, which are already available to law enforcement agencies and the security and intelligence agencies, to protect the British people and to ensure our security services have the tools to keep us safe in modern Britain.

[Simon Hoare]

It was my pleasure to serve on the Bill Committee for most of its sittings. I put on the record my thanks to my right hon. Friend the Member for Chelmsford (Sir Simon Burns) for taking my place when I had to leave the Committee.

It is always with some reluctance, if not trepidation, that I raise a question on a point made by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), not only because I am not right honourable, but because I am not learned, as I am not a lawyer. When my hon. and learned Friend the Solicitor General sums up, I invite him to try to address a concern that is exercising my mind, about a possible unforeseen consequence of new clause 2, namely the confliction and conflation of judicial and Executive oversight. My view is that those two things are best kept entirely separate. I fear that it may be an intended, or, as I would hope, an unintended consequence of what my right hon. and learned Friend the Member for Beaconsfield has suggested that the two might merge in a rather unsatisfactory and possibly even anti-democratic way.

[Mr Grieve]

I certainly would not wish to see the two conflated, but—to reassure my hon. Friend—I really do not think that that is the case. The point at issue is that the commissioner has a specific power of investigation of particular things, whereas the Committee looks at the generality. It seems to me very much in the public interest that the Committee should be able to refer to the commissioner something that it thinks the commissioner might look at. All we ask of the commissioner is that he should acknowledge that and indicate to us whether he is minded to look at it. Beyond that, it is entirely a matter for him. There needs to be some formal structure, because otherwise there is the risk that that communication will not be there.

[Simon Hoare]

I am grateful for my right hon. and learned Friend’s clarification. That might be the intention of the structure but I still have that reservation and look to the Solicitor General either to confirm what our right hon. and learned Friend has said or to confirm or address my suspicion.

This is probably the most important Bill that we will deal with. I support new clause 5, and think that it amplifies incredibly well the approach that Members on the Treasury Bench and the Opposition Front Bench took in Committee. The words, tone, tenor and approach of the hon. and learned Member for Holborn and St Pancras (Keir Starmer) are to be welcomed. I always contended that the rights and the importance of the privacy of our constituents were an unspoken golden thread running through the Bill. Through new clause 5, the Government have decided—I therefore support them in doing this—that as those rights are not always implicit they should be made explicit.

Like my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), I will oppose new clauses 1 and 16. It seems to me utterly and totally counterproductive and counter-intuitive to give those who have been investigated, either correctly or incorrectly, notice of the fact that they have been. I take slight issue with the hon. and learned Member for Edinburgh South West (Joanna Cherry)—she will not be surprised at that. In Committee, I was never convinced that her party got the fact that we were talking about delivering security and safety for our constituents. This Bill does so. This is not an abstract theoretical debate in a law faculty; it is about providing security and safety for our citizens—the first duty of all of us.

I am pleased with the Government’s approach and the way in which they have responded. I am grateful for the tone of the Front Bench team and look forward to supporting the Bill as it progresses through the House.

[Huw Merriman (Bexhill and Battle) (Con)]

Much of the Bill as it currently stands is about drawing together many strands of existing legislation, much of which has been criticised previously for being written in an arcane and inaccessible manner, and about providing more protection of and ensuring compliance with our fundamental human rights. I therefore welcome the Bill, as it makes matters much clearer, and preserves powers and the rights that we hold so dear while protecting our constituents from more modern forms of terrorism, which we must all be so wary of and do everything we can to protect against. In assessing the oversight regime I will focus on the roles of two bodies that in my view provide sufficient oversight and checks and balances on the use of investigatory powers, in the light of the Government provisions that we are debating today.

Investigatory Powers Bill (Tenth sitting)

Simon Hoare Excerpts

Committee Debate: 10th sitting: House of Commons
Thursday 21st April 2016 Public Bill Committees

[Joanna Cherry]

The hon. and learned Lady makes a good point. David Anderson acknowledges the efficacy of the powers and has been privy to certain information as he has a high security clearance. Not all of us can be privy to that information. I am suggesting that there should be an independent evidence base for the bulk powers. That would involve independent assessors with high security clearance undertaking forensic examination of the necessity and effectiveness of the bulk programmes.

We know, because the Home Secretary has told us—there was an interesting article about this in The Guardian today—that the bulk powers have been running for a long time. The headline of the article is, “UK spy agencies have collected bulk personal data since 1990s, files show”.

I will come back to that article in a moment, but we know that the bulk powers are operational. Given that they have been running for a while, a full list of cases where they have been required should be easy to provide. That should not be to this Committee, but to an independent review staffed by high-level individuals with the highest security clearance—the sort that David Anderson has. I have in mind such people as retired judges and retired professionals with an interest in the area.

[Simon Hoare (North Dorset) (Con)]

I do not want to paint this too simplistically—the purpose of the Bill, as I understand it, is to pull together a lot of existing things under one statute—but we all have fire insurance policies on our homes. We do not want to claim on those policies, but it is important to know that they are there in case we need them in an emergency. That is exactly what all these powers are there for. We need to ensure that the kit is there for our agents to use to keep us safe.

--- Later in debate ---

[Joanna Cherry]

With all due respect, hon. Members sitting behind the Minister brought up David Anderson; I made it clear that I accepted that David Anderson had reached a different view from mine on bulk powers, but I read from his report to make the point that at an early stage in it, he says that it is not his objective to give a legal opinion on the legality of the bulk collection of data.

Those of us who sat through David Anderson’s evidence in Committee on 24 March might also remember that he discussed the different views held about the legality of bulk powers. He said that, ultimately, that will be determined by the courts. The thrust of my argument is that given the serious concerns expressed by two independent United States committees, and the serious concerns about the legality of the powers, we should not be gung-ho about putting them in legislation until we have a proper operational case and have seen the outcome of the litigation. That is a thoroughly respectable approach to part 6, and one that is in accordance with the rule of law.

[Simon Hoare]

I am not persuaded by the argument that the United Kingdom Parliament should make United Kingdom law based on what some Americans whom we have never met or spoken to have said. The first duty of Her Majesty’s Government and of parliamentarians is surely to help keep our citizens and constituents safe. If we take that as our first point of principle and duty, and if the powers that are to be enshrined in the Act can fulfil that need, either now or in future, I fail to see why the proposals would cause such offence.

[Joanna Cherry]

I am glad to hear that the hon. Gentleman does not want the Americans to tell the British how to run their affairs. In very much the same way, I do not want the British establishment to tell Scotland how to run its affairs. We can have that argument another day—

[Joanna Cherry]

I think the hon. Gentleman will find that the argument is alive and kicking north of the border, but we digress.

I can reassure the hon. Member for North Dorset that I have no intention of following the United States of America’s security policy. We should devise our own policy in the United Kingdom, so long as it remains the United Kingdom. I am saying that we should set up an independent review body, made up of people from the United Kingdom—not the Americans or French; let us not panic about the French or the Americans telling us what to do. I am suggesting that our own people, if I may use that phrase, should be on the body. I mentioned the American experience to show that our key ally in such matters has, as a result of two very high-level congressional committees, reached the view that bulk powers are not justified. That is my point; it is not that we should do what the Americans tell us to do. I can assure the Committee that that is far from being the position of the Scottish National party. My point is that we should look to the experience in other countries to inform our decision making.

[Simon Hoare]

The hon. and learned Lady is being customarily generous with her time, and robust in her argument. I do not envy her her position one jot or tittle. If she were saying—without saying it—that she had a fear that spooks out there were doing nasty and horrible things, and that it was our job to try to constrain them, I could understand some of the line of her argument, but I do not think she is saying that. I am therefore not entirely sure, in practical politics, what would be added by the creation of the body she advocates. I am confident that we have security services and others who act within the rule of the law.

[Joanna Cherry]

I am afraid that the hon. Gentleman’s confidence is somewhat misplaced, given the revelations today in a collection of more than 100 memorandums, forms and policy papers obtained in the course of a legal challenge on the lawfulness of surveillance. An article in The Guardian today says that the papers demonstrate that the collection of bulk data in the United Kingdom

“has been going on for longer than previously disclosed while public knowledge of the process was suppressed for more than 15 years.”

According to the article, The Guardian has surveyed the paperwork, which shows that the

“frequency of warnings to intelligence agency staff about the dangers of trespassing on private records is at odds with ministers’ repeated public reassurances that only terrorists and serious criminals are having their personal details compromised…For example, a newsletter circulated in September 2011 by the Secret Intelligence Agency (SIS), better known as MI6, cautioned against staff misuse.”

That internal newsletter said:

“We’ve seen a few instances recently of individuals crossing the line with their database use…looking up addresses in order to send birthday cards, checking passport details to organise personal travel, checking details of family members for personal convenience”.

The internal memo goes on to say:

“Another area of concern is the use of the database as a ‘convenient way’ to check the personal details of colleagues when filling out service forms on their behalf. Please remember that every search has the potential to invade the privacy of individuals, including individuals who are not the main subject of your search, so please make sure you always have a business need to conduct that search and that the search is proportionate to the level of intrusion involved.”

It adds that, where possible, it is better to use “less intrusive” means.

The papers also reveal that there has been disciplinary action. The article states:

“Between 2014 and 2016, two MI5 and three MI6 officers were disciplined for mishandling bulk personal data. Last year, it was reported that a member of GCHQ’s staff had been sacked for making unauthorised searches…The papers show that data handling errors remain a problem. Government lawyers have admitted in responses to Privacy International that between 1 June 2014 and 9 February this year, ‘47 instances of non-compliance either with the MI5 closed section 94 handling arrangements or internal guidance or the communications data code of practice were detected.’ Four errors involved ‘necessity and proportionality’ issues; 43 related to mistransposed digits and material that did not relate to the subject of investigation, or duplicated requests…Another MI5 file notes that datasets ‘contain personal data about individuals, the majority of whom are unlikely to be of intelligence or security interest’.”

I quote that article because it shows that the security services themselves admit that there is sometimes internal breaking of the rules. We should not scoff; these are the personal data of our constituents. As parliamentarians, it is part of our duty to protect their privacy and to make sure that the powers that we vote to the security agencies do not go further than necessary and compromise our constituents’ privacy and the security of their data.

[Simon Hoare]

I fear that the hon. and learned Lady may be slightly over-egging this particular pudding. I read the article this morning in The Guardian. She has cited, perfectly properly, the two operatives who were found to be in breach, disciplined and then dismissed. I politely suggest to her that probably quite a lot of the figures that she quoted refer to the fact that agent X could not remember Auntie Doris’s postcode and checked it because he wanted to send her a get well card. It is hardly “Enemy of the State”.

[Joanna Cherry]

It may not be, but it is an indication of how easy it is for people to abuse the rules, and an indication that the rules are abused. I am not seeking to impugn the security services. I am seeking to draw the attention of members of the Committee and the public to the fact that the rules are sometimes abused. If we are to afford the security services generous and intrusive powers, we have to be sure that they are proportionate and necessary. My point is that we do not have sufficient evidence that they are.

I am conscious that I have taken up quite a bit of time with that submission. I will not take it any further. I have alluded to the fact that there are outstanding legal challenges, and I will make one or two more comments on clause 119. I have already made the point that the clause seeks to put bulk interception programmes that are already in operation on a statutory footing. They were disclosed for the first time by Edward Snowden in June 2013, and their existence has now been avowed by the Government. They have never before been debated or voted on by this Parliament. That is why I am taking my time with this point.

The approach that has been held to date is maintained in the clause. The bulk interception proposed by the clause will result in billions of communications being intercepted each day, without any requirement of suspicion, or even a discernible link to a particular operation or threat. I have information from Liberty that the agencies currently handle 50 billion communications per day. To put that in context, there are only 7 billion people in the world, and only 3 billion of them have access to the internet.

The Intelligence and Security Committee reported at the end of 2014 that there were just 20 warrants in place under section 8(4) of RIPA authorising this vast volume of interception. It is clear from the wording of the clause that although it purports to collect overseas-related communications, it will, for the reasons the hon. and learned Member for Holborn and St Pancras gave, collect the communications of persons who are resident in the United Kingdom. Internet-based communications have eradicated the distinction between external and internal communications. He told us that posts on social media sites overseas, such as Facebook, use overseas cloud storage, so the material there would be covered by clause 119.

Searches on Google are counted as an external communication. I do not know about other hon. Members, but I must do at least a dozen searches on Google per day. Those are external communications, even though I am a citizen of the United Kingdom. Be in no doubt: the handful of warrants that will be issued under this clause will be scooping up billions of communications by the United Kingdom’s citizens. Those communications will then sit somewhere and certain people in the security service will have unwarranted access to them. There are some people who do not respect the rules, as we know from the disclosures in The Guardian today, so there is that concern, as well as the concern about the security of the data. The vast majority of those communications that will be scooped up will be the communications of innocent people.

--- Later in debate ---

[Joanna Cherry]

I am sorry the hon. Gentleman is not persuaded, but I think others outside this room will be. It is important that somebody voices these very serious considerations while the Government attempt to railroad this legislation through the House. This is not right, and my party will not hesitate to hold the Government to account for it, not because we are troublemakers, but because we are a constructive Opposition. Having the responsibilities of a constructive Opposition, we have looked at what is happening in other countries and at their experience, and we do not consider that this degree of surveillance of our constituents’ and British citizens’ personal communications has been justified as proportionate and necessary.

We are not saying that the security services should not have any powers. We have a nuanced approach to the Bill. Members of the Scottish National party did not sit on their hands and do nothing on Second Reading; we made a constructive contribution to the debate. However, I will not be dissuaded from holding these very serious concerns. They are not just my concerns; they are widely held, and there is strong evidence from one of our closest allies that they are well founded.

[Simon Hoare]

Nor should the hon. and learned Lady be doing anything other than what she is. She is fulfilling her role in an exemplary fashion, and I mean that in a sincere and heartfelt way. The one thing I would challenge her on—or ask her to substantiate—is this. We have had Joint Committees and all the other organisations having a look; we had a very thorough debate on Second Reading; we had a full day’s debate on the Anderson report back in July last year; and now we have detailed, line-by-line scrutiny of the Bill, and I think we will have two days on Report. I ask whether she used the word “railroad” in haste, and whether I could invite her to reflect on its use and perhaps recast her comment.

[Joanna Cherry]

I will not recast it. I gave very detailed reasons on Second Reading as to why I felt that the Bill was not being given sufficient time. I am aware that hon. Members may feel that I have held the floor for too long; I have spoken at some length, but this is hugely important. Many people across these islands are very concerned about this part of the Bill—ordinary citizens, corporate entities—and we are not giving it enough time. There is not enough time to discuss its detail. I have taken up about 40 minutes giving just an overview of why I oppose part 6. I could have a go at every clause, but I will not do that, because we would be here forever and we have limited time, so I will draw my comments to a conclusion. The Scottish National party’s position is that each and every clause of part 6 should come out of the Bill until such time as there has been a proper independent review and a proper operational case has been made for these powers.

--- Later in debate ---

[Mr Hayes]

I will say this. The Bill has been through an exhaustive process of consideration. The draft Bill was preceded by three reports on the basis of which—the hon. and learned Member for Holborn and St Pancras drew attention to this—the Government have gone further than originally set out, in the terms I described with publication of more information, explanation of the operational case and amendments to the codes of practice. The Bill was considered by three Committees of this House and I have referred to the Joint Committee’s views on bulk powers.

This Committee is now considering the Bill following publication in its final form on Second Reading. In the Second Reading debate the Chairman of the Intelligence and Security Committee, a senior Member of this House who chairs a very important Committee, said that he was convinced that these powers were necessary. The hon. and learned Member for Holborn and St Pancras has argued for perhaps going further on the operational case.

[Simon Hoare]

Will my right hon. Friend give way?

[Joanna Cherry]

Will the Minister give way?

[Mr Hayes]

I will just finish my sentence. I do not think anyone can say there has not been adequate debate about bulk powers. Before I give way to my hon. Friend and then the hon. Lady—I do not wish to put a further spoke in her wheel, or perhaps I do—I want to say that the US National Academy of Sciences could not identify any alternative that is appropriate to bulk powers.

[Simon Hoare]

I just want to put it on the record that I am sure my right hon. Friend shares my view that if the former Attorney General, our right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who chairs the Committee to which the Minister referred, had not been convinced, he would have had no problem whatever in telling the Government and anyone who wanted to listen that he was not convinced. Our right hon. Friend is not a patsy in this matter or a yea-sayer. If he disagreed, he would have told us.

[Mr Hayes]

Let me quote our right hon. and learned Friend. He said:

“The present Committee and its predecessor are satisfied that the Government are justified in coming to Parliament to seek in broad terms the powers that the Bill contains. None of the categories of powers in the Bill—including the principle of having powers of bulk collection of data, which has given rise to controversy in recent years—is unnecessary or disproportionate to what we need to protect ourselves.”—[Official Report, 15 March 2016; Vol. 607, c. 836.]

He said that on the basis of the information provided to him, but in the knowledge that robust safeguards will govern the examination of data that have been collected in bulk and that it will be possible to select such data for examination only when it is necessary and proportionate for a specific operational purpose. What is happening in other places is, of course, of interest to us and of course we consider other jurisdictions, but my job is to listen to those who have examined the Bill with considerable diligence and in considerable detail, and to be guided by their conclusions.

In that spirit and with that purpose, I hope that we can move on to the next clause, having been persuaded, I hope, that what the Government are doing is perfectly reasonable.

Border Force Budget 2016-17

Simon Hoare Excerpts

1st reading: House of Commons
Wednesday 20th April 2016 Commons Chamber

[Mrs May]

As I have indicated, we look at the border security at ports regularly to ensure that it is appropriate for the nature of the business those ports are undertaking. The hon. Lady refers to the humanitarian issue of people who may be being smuggled across the border in transporters, and I say to her that the people who are responsible for that issue are the traffickers who put illegal immigrants into those containers.

[Simon Hoare (North Dorset) (Con)]

There was indeed praise for my right hon. Friend from the shadow Home Secretary, although it was so below the radar that she might not have noticed it. She was accused of both back-pedalling and performing a U-turn, and I am not aware that it is physically possible to do both—although she has done neither. In praising the work that Border Force does on behalf of all of us in keeping our country safe, what role does she see the Investigatory Powers Bill, which is currently before the House, playing in assisting and strengthening the work of Border Force?

[Mrs May]

It is important that all our law enforcement agencies and those who are responsible for enforcing laws around security at our borders are able to access the various tools and powers that they need. That is why the Investigatory Powers Bill is so important, not just to our security services, but to a variety of law enforcement agencies. I note that one of the points in the letter in today’s Daily Telegraph to which the shadow Home Secretary referred was the importance of access to communications data, which is precisely what we are trying to protect in that Bill.

Investigatory Powers Bill (Eighth sitting)

Simon Hoare Excerpts

Committee Debate: 8th sitting: House of Commons
Tuesday 19th April 2016 Public Bill Committees

[Gavin Newlands]

I agree with my hon. and learned Friend. We are not opposed to every measure in the Bill. There are benefits, but unfortunately they are not covered by enough safeguards and are not drawn tightly enough. I would like to make progress but I will give way once more.

[Simon Hoare (North Dorset) (Con)]

I apologise if I missed the hon. Gentleman outlining the Departments, but could he tell me which ones should be excluded and not have access to this?

[Gavin Newlands]

That has been dealt with at length. I have already mentioned the Food Standards Agency as one of the regulatory bodies. Schedule 4 does currently provide a lengthy list of bodies that should be able to access the data. New clause 7 would ensure that only the police forces and security agencies may request a communications data warrant, except where the warrant is issued for the purpose of preventing death, in which circumstances emergency and rescue services also fall within the definition.

New clause 10 outlines the requirements that must be met by warrants.

[Simon Hoare]

As, for example, the Food Standards Agency cannot itself bring a prosecution, may I conjure in the hon. Gentleman’s mind a situation whereby a criminal gang, as part of its activities, seeks to bring into the United Kingdom for sale to the British public a contaminated food source? Is that not something to which the Food Standards Agency should have access to information in order to ensure that citizens and consumers are safe?

[Gavin Newlands]

I understand the hon. Gentleman’s point, but surely the police would be interested in that scenario and would have access.

[Simon Hoare]

In the abstract—by golly, isn’t this debate being held in the abstract?—the hon. Gentleman is absolutely right, but we invest the powers with the agency. The police are not an infinite resource. If we have the many who are charged with multiple areas of our lives—

[The Chair]

Order. Mr Hoare, can we keep it to an intervention, please, not a speech?

[Simon Hoare]

Forgive me. The hon. Gentleman knows my point.

[Gavin Newlands]

These powers are very large and we should limit who has access to them. The police can pass on the relevant information to the agencies that can deal with that particular incident, but in my view, only the police and security forces should have access. I want to finish my point on new clause 10 but I will allow one last intervention.

Investigatory Powers Bill (Fourth sitting)

Simon Hoare Excerpts

Committee Debate: 4th sitting: House of Commons
Tuesday 12th April 2016 Public Bill Committees

[Simon Hoare (North Dorset) (Con)]

May I put a slightly counter idea to the hon. and learned Gentleman and the hon. and learned Member for Edinburgh South West? I accept the comments of David Anderson and others, but in some instances it will not be terribly wrong to have broad definitions in the Bill. Getting legislation made in this place is a difficult and lengthy process. We must fetter those who wish this country and its citizens ill, so it is potentially a good idea to have some breadth in the definitions.

[Keir Starmer]

I understand the spirit underpinning the hon. Gentleman’s intervention, which is that in certain circumstances a broad power can be helpful because future situations are not known. In this case, the breadth of the provision matters above all else, however, because it concerns the subject matter of the warrant. Lest anyone think otherwise, when one looks at the code of practice, one does not find that it restricts what is in the Bill. Paragraph 5.12 of the draft code says, in stark terms:

“There is not a limit to the number of locations, persons or organisations that can be provided for by a thematic warrant.”

In certain circumstances, the Minister and the Government might be able to point to things that are broad in the Bill but restricted by the code, but that would not be appropriate for the subject matter of a warrant and is not the situation in this case. I am grateful to the hon. Gentleman for the intervention, however, because I need to put my concern on the table, and I invite the Government to take the matter away and have another look at it.

I am concerned that in reality, the broadly drawn warrants will be modified. We will get to the modification procedures later. The broad warrant will be signed off by the Secretary of State and the judicial commissioner, but the modification, which may well add names as they become available, will not. There is therefore the further hidden danger that the provision is so broad that it will require modification procedures to be used more often than they should, in circumstances in which they are not adequate, for reasons that I will come on to.

At the end of the day, if someone with the authority and experience of Lord Judge, Sir Stanley Burnton and David Anderson—who have more authority and experience than anyone in this room—says that they have concerns about the breadth of the warrants, for the Government simply to say, “We’re not going to have another look at it”, runs counter to the spirit in which they have so far approached the scrutiny of the Bill.

--- Later in debate ---

[Mr Hayes]

Absolutely, thus the double lock. I am proud to be an elected person. I do not share the doubt-fuelled, guilt-ridden bourgeois liberal hesitation about decision making that has emasculated so much of the political class.

[Simon Hoare]

I thought my right hon. Friend was about to give a tinker’s cuss, but obviously he refrained from doing so. I think he will agree that the main difference between the two Front Benches is the point made by the hon. Member for City of Chester in an earlier intervention. If the first duty of Government is the protection of the realm and Government can send troops on to our streets and into foreign battlefields and so on, suddenly passing any responsibility for or involvement in the granting of these warrants off to unaccountable judges would be an abdication.

[Mr Hayes]

I do take that view. The hon. Member for City of Chester did not explicitly articulate, but implied that there needed to be a balance between refusing to abdicate that duty, and indeed affirming it, alongside the affirmation of representative Government that I have already made, and taking into account the significance—as the hon. and learned Member for Holborn and St Pancras argued, David Anderson made this point clearly in his report—of judicial involvement, not least as a means of reinforcing the system. As he very honestly said, part of David Anderson’s consideration was whether we could make what we do stand up to challenge, and having a judicial involvement through the double lock is a way of creating a system that is more robust and resistant to challenge: a system that people can have greater faith in, in that respect.

--- Later in debate ---

[Simon Hoare]

In opening, let me address what I detect is the elephant in the Committee Room, as amplified by the amendment as it was. As I made clear in the July 2015 debate on the Anderson report and on Second Reading, I am not a lawyer, so I view the proposal through the narrow prism of the man on the Clapham omnibus, for want of a better phrase: a practical proposal to try to keep my constituents and others as safe as the Government possibly can. I do not view it through the perfectly proper prism of trained legal eyes and I would not be able to do that.

Coming to the breadth point that the hon. and learned Lady who speaks for the SNP has been making, it is clear to me that, from a legal point of view or from a lawyer’s point of view, the narrower, tighter and more prescriptive the language in statute, the better. It narrows, eliminates, eradicates or whatever the opportunity for a wider debate about the interpretation of this or that word, almost like Coolidge, whose immediate response when told that a senator who had always opposed him had died, was: “I wonder what he meant by that.” I think we should be rather careful. I make no apology for viewing this as just an ordinary guy—a father, a husband, a constituent and a Member of Parliament—who believes it is my duty to support any Government of the day who are seeking to keep our country safe.

[Joanna Cherry]

Does the hon. Gentleman also accept that, as Members of Parliament, we have a duty to protect our constituents’ civil liberties and privacy? Lawyers look for narrow definitions and certainty not for their pleasure, but to protect their clients. The reason why Members of Parliament should look for narrow definitions and certainties is to protect their constituents.

[Simon Hoare]

Up to a point, Lord Copper. I find myself in broad agreement with the hon. Member for City of Chester. Likewise, I could not give a tinker’s cuss about most of these things as long as I can look a constituent in the eye were something horrible to happen on the streets of Shaftesbury, Blandford Forum, Gillingham or any of the villages in my constituency. They might look at me and say, “Mr Hoare, are you convinced that you supported everything you possibly could to avoid this atrocity?” I would prefer to say, “Yes, I did.” If it impinged upon or offended against the virgo intacta of civil liberties as a sort of purist academic—I use that word not in an abusive way—definition, I would side with the security argument at every step and turn.

I am not using that as the Luddite argument that someone who has done nothing wrong has nothing to be afraid of. It is absolutely right that to govern is to choose. It straddles that often imperceptible divide between the application of the rule of law and discharging the first duty of the state—to keep the realm safe—and preserving the sacred and long-cherished liberties and freedoms that we all enjoy.

I accept what the hon. and learned Lady says on that point, but it is not just Liberty and Amnesty and other organisations that have access to legal counsel. It is not that the statue, as it emerges through all our processes, would be available only to us and the good guys. It would be available to those who wish us well, but I am going to hazard a guess that one or two of those who wish this country ill—whether in terms of national security, serious crime or acting in an injurious way to our economic wellbeing—may just have recourse to a legally trained brain or two themselves. They, too, would be able to say, “Ah, we’ll do it that way”, because the Home Secretary, the Foreign Secretary, the Secretary of State for Northern Ireland or the Defence Secretary would be so hogtied by the narrow definitions contained in the statute of the Bill, because people sought to stand—this is a phrase I used on Second Reading—like vestal virgins, defending the flame of civil liberty, because that is the flame that must be defended above all others and national security must be secondary to it. That is a perfectly acceptable and reasonable position to take, but it is one with which I profoundly disagree. It offends everything that motivates me as a politician.

We need to be very careful about having, either in the proposed amendments or during the progress of the Bill in Committee and on Report, an obsessive regard to trying to narrow down our language. Providing that the double lock with the judicial oversight remains for all circumstances whereby these warrants and other facilities can be granted—as long as that judicial view is there—that would seem to be in order to secure the provision for the short, medium and longer term, so that we do not have to come back through the legislative process to continually update the narrow language in the Bill to reflect circumstances or address scenarios that, without sounding too much like Donald Rumsfeld, in 2016, we did not think existed or could exist.

It is not from some sort of bovine, recidivist, reactionary, “We are the law and order side of the Tory party” sentiment that I find this quest for the narrowing down of our language to be wrong. It would fetter and constrain the decisions of Ministers and those who, on a daily basis, put their lives at risk under the rule of law to keep us safe. I shall be opposing this set of amendments, just as I will any other amendment, not because my Front Bencher or my Whip advises me to, but merely because I think that there is nothing intrinsically wrong—this is the non-lawyer’s approach—in having broad definitions that provide accountable scope to those who take the decision, so that they are able to take those decisions in response to circumstances as they arise.

[Christian Matheson]

There has been the requisite level of jousting and debate, and sometimes temperatures have risen a little bit, but I have found Ministers at least prepared to justify their arguments and to listen to other arguments. I say that, importantly, because this clause and the amendments are of profound importance to me and to many Opposition Members. I have absolutely no doubt that there are occasions when attacks on the United Kingdom can be carried out on an economic, rather than a military or criminal, basis. Let us consider a hypothetical example of a country that is adept at undertaking cybercrime against the London stock exchange to manipulate stock market activity or shares, or to bring the stock exchange down. That, of course, would have a serious effect on the operation of the City of London. I accept that that can happen.

The hon. and learned Member for Edinburgh South West talked about criminal activity. I have no doubt that the activity in the scenario I described would be considered criminal activity, but when my good friend the hon. Member for North Dorset talked about the elephant in the room, I thought he was going to mention the real elephant in the room and he did not. The real elephant in the room, certainly for me, is that, on such a broad definition of economic activity, the activities of trade unions in the United Kingdom could be brought under the scope of the Bill. I ask Members not to try to intervene to correct me because unfortunately that is the case. That is the real elephant in the room.

I do not believe that Ministers today do not consider trade unions to be an important and relevant part of civil society, but on Second Reading my right hon. Friend the Member for Leigh (Andy Burnham) gave the example of the Shrewsbury pickets, whose case was examined by the Secret Intelligence Service, and made the point that their convictions still stand. Indeed, there are right hon. and hon. Members of this House today who were right hon. or hon. Members of the House or indeed the Government in the 1980s when trade unions were seen as “the enemy within” and banned from representing members at GCHQ because it was considered that trade union membership and activity was incompatible with a commitment to international security, which is a position that is as absurd as it is downright insulting. I genuinely believe that Government Members have moved on from that positon.

Government Members may well wish to point to subsection (4), which suggests that:

“A warrant may be considered necessary as mentioned...only if the information which it is considered necessary to obtain is information relating to the acts or intentions of persons outside the British Islands.”

They may feel that that gives sufficient protection. I must say that, in my experience, unfortunately it does not.

At this point I remind the Committee that I am a member of the GMB and Unite trade unions and I was formerly a senior official with Unite. That experience gives me insight that I wonder whether Ministers and Government Members, through no fault of their own, do not have. My plea is that they bear in mind that our economy is a globalised one, employers and industries are globalising and, in response, trade unions have had to do the same. Trade unions will gather together in bilateral agreements or bilateral alliances. In the UK, they may well join international trade union organisations such as the IMF—I should point out that that is the International Metalworkers Federation rather than any large economic body—or, as I did, they may well form a globalised trade union with other trade unions so that they meet globalised employers on the same basis and cannot be picked off, one against the other.

In the past, for example—this was quite a regular occurrence—I found myself in Canada on negotiations with mining and mineral extraction employers based in Brazil, working with trade unions from outside the UK. There were disputes with British Airways, which at the time was incorporated through International Airlines Group in Spain, and I found myself in Bangladesh working with the Bangladeshi trade unions that we were trying to form to help them develop trade union strength against the exploitation of shipbreakers. Globalised trade unions pursuing genuine avenues of trade disputes with globalised employers are a modern-day reality.

When the hon. Member for North Dorset talked about the elephant in the room, I thought he was going to mention the great fears that Opposition Members have that trade union membership could be seen as damaging to the nation’s economic wellbeing. If we seek to amend the clause to give the greater clarity that I understand Government Members do not wish to see, it is for good reasons of bitter experience—reasons that Ministers are perhaps not aware of, because of their own personal experience.

--- Later in debate ---

[The Solicitor General]

I entirely agree with my hon. Friend. It would not be right for me to make an easy draw-across to the TPIM regime. The hon. and learned Member for Holborn and St Pancras has experience of TPIMs, and I was on the Bill Committee that passed the TPIM law back in 2011, so I have a keen interest in the evolution from what were control orders to TPIMs. The point is staring us all in the face: myriad different circumstances will confront judicial commissioners. It would be too easy for the Committee to come to a conclusion that, somehow, we should create an artificially hard and fast set of criteria that would prevent the judicial commissioners from exercising their duties when considering the varying scale and nature of the applications that they will receive.

[Simon Hoare]

My understanding of what the Solicitor General is saying—perhaps he will confirm this—and my reading of the Bill is that the bar is being set a lot higher than the hon. and learned Member for Edinburgh South West seems to imply. The onus in the first instance will be on those who will be making the case for the warrant. The Home Secretary, for example, will then review it to see whether it passes the tests in the Act and will do so, as will the author of the case before the Minister, in the knowledge that they will be, for want of a better phrase, peer reviewed by a commissioner. Therefore, the review of the review of the review is almost a triple lock of the case made by the authority seeking the warrant.

[The Solicitor General]

That is an interesting way of putting it. I want to make it clear that the review is on an appeal. There is a danger that we will end up mistakenly looking at some sort of a de novo application entirely on its merits, not an appeal. There are other mechanisms by which this matter could be taken further up. At this stage, it is part and parcel of the decision being made. That is an important point of clarification.

Investigatory Powers Bill (Second sitting)

Simon Hoare Excerpts

Thursday 24th March 2016 Public Bill Committees

[Andrew Stephenson (Pendle) (Con)]

Q I thought you made a compelling case in your evidence to the Joint Committee; I was not a member of that Committee, but I have watched it back on video. You made a compelling case for why timeliness is very important when a child is threatening to commit suicide—basically having to breach that child’s confidence to ensure that the police can intervene. The expression you used was about literally having to cut children down at times.

Could you say anything more to this Committee about that? Some members of this Committee sat on the Joint Committee, but others will not have heard that evidence. Could you say more about the need for rapid intervention to save children’s lives?

Alan Wardle: The NSPCC runs ChildLine, a service that people will know. About three quarters of children who contact us do so online, rather than through the traditional telephone service. We have a very high level of confidentiality, but in an average of 10 cases a day we have to breach a child’s confidence because their life is in imminent danger. In 60% of those cases the child is actively suicidal; on average there are six cases a day where we have to contact the emergency services to protect a child whose life is in immediate danger because they are suicidal.

On the capacity for the police to be able to find where that child is, if they are on a mobile phone, for instance, an IP address would not cut it. We have cases where children who have tried to kill themselves are literally saved because of the 24/7 service that we run, and the police’s ability to be able to rescue actively suicidal children in real time is very important.

[Simon Hoare (North Dorset) (Con)]

Q This question is to both of you. Is there anything that is not in the Bill that you would like to have seen, or maybe still see, in the Bill?

Ray McClure: It is not really relevant to the Bill in question, but you have to find some means of punishing companies that do not comply with warrants issued, and it has to be a heavy punishment. Right now, without having legally enforceable warrants, there is no law enforcement and no justice.

Alan Wardle: I do not think it is necessarily about what is not in the Bill, but I reiterate the point I made earlier: these internet connection records are only part of the solution. There is a whole range of things in terms of keeping children safe online, particularly on the capacity of the police to respond to that and to be able to have the right tools to investigate, prosecute and convict criminals. These tools are very important, but there is a much wider piece about how the police can use all the powers available to them to help keep children safe.

[The Chair]

Mr Kyle, a 10-second question and a five-second answer.

--- Later in debate ---

[The Chair]

Q Good afternoon, Mr Hughes. Thank you for coming here before us today. For the record, I know Mr Hughes outside this place. I had no idea that I was going to be here this afternoon, but here I am and here you are. Would you like, for the benefit of my colleagues, to introduce yourself quickly? There will be lots of questions.

[Simon Hoare]

Just for the record, I also know Mr Hughes, though I cannot remember how—I am having a senior moment.

Mark Hughes: We will work it out afterwards. I am happy to get to know everyone else on the Committee. I am the CEO of BT security, and I have responsibility for all the matters that relate to the Investigatory Powers Bill in BT.

[The Chair]

Excellent.

Investigatory Powers Bill (First sitting)

Simon Hoare Excerpts

Thursday 24th March 2016 Public Bill Committees

[Joanna Cherry]

Q I will ask one question briefly then. Liberty looked at the investigation by the Intelligence and Security Committee into the brutal murder of Fusilier Lee Rigby in May 2013. Did those inquiries suggest that if the security services had had more resources to cover lower priority level targets, the outcome could or would have been different?

Sara Ogilvie: The Intelligence and Security Committee report found that there were a number of failings that may or may not have led to the murder, but basically, the two suspects had both been known to the security services at various points. It had been decided not to treat them as priorities. When that decision was later changed and a warrant was sought to place one of the individuals under surveillance, delays meant that that warrant was not granted in enough time for that individual to be under surveillance at the appropriate moment. Those are absolutely not the powers in this Bill, or the use of powers in this Bill, that we have any exception with at all. That seems to us to be absolutely the right way to use powers. It was not a lack of information or a lack of target in this case; it was the fact that there was perhaps too much information to be used.

[Simon Hoare (North Dorset) (Con)]

Q Mr King, I am not a lawyer, so forgive me. Are you a parent?

Eric King: Pardon?

[Simon Hoare]

Are you a parent?

Eric King: No.

[Simon Hoare]

Q I am—I have three daughters. I just wonder where the balance is between the sort of purity test, for want of a better phrase, and what law enforcement have told us—that, without ICRs, they would be unable to identify at least 600 child abusers in the UK alone. What weight should we attach to that?

Eric King: The police definitely have capability gaps at the moment, particularly around the resolution of IP addresses. I think that is really what the statement goes to: when they obtain these IP addresses, they are seeking to resolve them. There are lots of different ways you can do that, however, and I am not convinced that ICRs are the answer to that problem. This was not a proposal by the police for ICRs; it was a Home Office answer to the problem. Last year, we had the Counter-Terrorism and Security Act 2015 that put in place new powers for IP resolution—they have not yet been put into use. My starting point would be that we should use them. They should be deployed. We should see how well they work and from there look at what the other options are. It seems to me that that important issue does need to be addressed and has been addressed, but we have not given it time to see whether or not it works.

[Simon Hoare]

Q You are right that there are a number of clubs in the golf bag of the law enforcement team and the agencies, but given that we live in an incredibly fast-moving, technological world, where international boundaries are not recognised and so on, would you agree that the more facilities that the agencies have available to them, the better—that is, the wider that the net can be cast, the more ne’er-do-wells one is going to identify and hopefully apprehend?

Eric King: Respectfully, as you acknowledge, there are different ways to solve a problem. Casting a very wide net is not always the right thing to do. IP resolution is certainly a very narrow technical issue that you need to resolve. Collecting all sorts of additional information in additional areas would not help resolve that narrow issue. I think you have to look at it on a case-by-case basis.

That is part of the reason why we need to scrutinise properly the operational cases for the variety of these powers, to understand which bits of them they help solve and which bits they do not. Certainly, intrusive powers need to be available to our law enforcement and agencies, but we need to understand which bits work and which bits do not.

[Suella Fernandes]

Q This is a question for Sara. In evidence to the Joint Committee, Shami Chakrabarti criticised the Bill on behalf of Liberty, saying that judges would not have the same access to evidence as Ministers in the warrant process. We have just heard evidence from the independent assessor of the terrorism legislation, David Anderson QC, that that is not the case. The Home Secretary has said on the record that that is not the case, and that they would have the same access. Do you withdraw that criticism of the legislation?

Sara Ogilvie: No. This is one of the areas where there has been a lot of discussion and to-ing and fro-ing. If the Home Secretary wishes to satisfy our concerns, those are the kinds of provision that should be dealt with on the face of the legislation. It seems to us that judicial review remains an inherently limited jurisdiction. That is quite a legal term to say that there are only so many things that it can do. We think that a much broader power needs to be granted to the judicial commissioners in order to satisfy public concerns that the powers be used appropriately and to match human rights standards. This is an area on which the Home Secretary has sought to give lots of reassurance, in which case I think it would be best if she put that reassurance in legislation.

--- Later in debate ---

[Joanna Cherry]

On a point of order, Ms Dorries. In any forum that I have appeared in where the witness is being asked a question about a document, particularly a lengthy document, it is customary to afford them the courtesy of having a copy of the document in front of them. Might I suggest that if we are going to ask further witnesses about documents, we afford them that dignity?

[Simon Hoare]

Further to that point of order, Ms Dorries. To put the contra view to that expressed by the hon. and learned Lady, should not the Committee expect witnesses who are giving evidence to be properly briefed and to have in front of them documents on which they are likely to be cross-examined?

[The Chair]

I shall answer the substantive point of order. The information that the witnesses bring with them is their responsibility. It is not the normal procedure for them to have documentation in front of them or for the panel to know what information they have with them. As we decided at the start, they can always follow up in writing if they feel they did not have the right information.

Investigatory Powers Bill

Simon Hoare Excerpts

Tuesday 15th March 2016 Commons Chamber

[Mrs May]

I know that that issue was raised when the draft Data Communications Bill was considered and has been raised in relation to the internet connection records power in this Bill, but such a separation is absolutely possible. We have talked at length with companies about being able to separate, for internet connection records, the websites that a particular device has accessed from the content of whatever has been looked at. It is very important for me to make it clear that when we talk about ICRs, we are talking not about looking at people’s web-browsing history, but about looking simply at the initial point of contact.

In relation to the authorisation process, which we have discussed in relation to the questions asked by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), I welcome the Joint Committee’s clear endorsement of the double lock regime and, specifically, the language of the Bill on that point. Right hon. and hon. Members who think that the senior judiciary will simply rubber-stamp Government decisions have clearly never dealt with British judges.

In the case of urgent warrants, the provisions have been tightened in response to the pre-legislative scrutiny.

[Simon Hoare (North Dorset) (Con)]

Will my right hon. Friend give way?

[Mrs May]

I will make a little more progress, but my hon. Friend may be able to catch my eye later.

In truly urgent circumstances, such as a fast- moving kidnap investigation, a warrant can still come into force as soon as the Secretary of State has authorised it, but that decision will need to be approved by a judicial commissioner within three working days. If the commissioner disagrees with the Secretary of State’s decision, the commissioner can order that all material gathered under the urgent warrant must be destroyed.

Furthermore, the Bill provides considerable additional safeguards for the communications of parliamentarians and lawyers. In any case, where it is proposed to intercept a parliamentarian’s communications, the Prime Minister would also be consulted, in line with the Wilson doctrine. Equally, the deliberate interception of legally privileged communications can be authorised only in exceptional and compelling circumstances, such as where it is necessary to prevent the loss of life.

--- Later in debate ---

[Mrs May]

I heard my hon. Friend’s earlier exchange with you, Mr Speaker. Two important extra safeguards have been put in this legislation: the first, which is stated in the Bill, is that the Prime Minister will be consulted, but there is also the double lock authorisation. In future, a warrant to intercept anybody—including Members of Parliament, should that be the case—will be subject not just to the determination of a democratically elected individual, but to the independent decision of the judiciary, through the judicial commissioners. That important safeguard has been put into the Bill.

[Simon Hoare]

The Home Secretary is right to point to the patchy relationship between the judiciary and Governments of all colours. I think the Bill strikes absolutely the right balance. It is absolutely imperative that somebody who is democratically accountable both to this House and to the country has almost the first say on whether such things are done. It is perfectly right for a properly trained judge to have an overview of the process, but it would have been a retrograde step to lose the democratic accountability and the link to decision making in this place.

[Mrs May]

I thank my hon. Friend for his comments. It is important that we have the balance right. Many people have said, “Just have judicial authorisation”, and some people still believe that the authorisation should be made by the Secretary of State. By having both, we do not lose democratic accountability, but we add the independent judicial authorisation.

--- Later in debate ---

[Andy Burnham]

I will not be joining the hon. Gentleman in the Lobby tonight, because I do not believe, as I will come on to explain, that the Bill is acceptable in its current form. As he will have heard me say in my opening remarks, I am in broad agreement with the Government’s objectives. I am not seeking to play politics with the Bill or to drag it down. I hope he will find some assurance in those words.

[Simon Hoare]

The right hon. Gentleman’s position, I am afraid, does not sound particularly persuasive or tenable, certainly to those outside this place. I just wonder what message it sends from his party, supposedly a Government in waiting. Instead of trying to thrash out the detail in Committee and on Report, by abstaining this evening the message will be very clear about what the Labour party actually thinks on this important issue.

[Andy Burnham]

I disagree entirely. As I said, we will not oppose the Bill because we will be responsible. I have recognised that the country needs a new law. I have also said, as I will come on to explain, that the Bill is not yet worthy of support. There are significant weaknesses in the Bill. I am sorry, but I am not prepared to go through the Lobby tonight and give the hon. Gentleman and his Government a blank cheque. I want to hold the Government to account. I want to see changes in the Bill to strengthen the Bill. When they listen, they will earn our support. That is entirely appropriate and responsible for an Opposition party to do.

The higher the consensus we can establish behind the Bill, the more we will create the right climate in the country for its introduction. As the Home Secretary said, it could create a template to be copied around the world, advancing the cause of human rights in the 21st century. The prize is great and that is why I am asking those on the Opposition Benches to work constructively towards it.

I repeat today that I do not think our mission is helped by misrepresentation. In my view, it is lazy to label the Bill as a snoopers charter or a plan for mass surveillance. In fact, it is worse than lazy: it is insulting to people who work in the police and in the security services. It implies that they choose to do the jobs they do because they are busybodies who like to spy on the public, rather than serve the public. I do not accept that characterisation of those people. It is unfair and it diminishes the difficult work they do to keep us safe.

--- Later in debate ---

[Simon Hoare]

Will the hon. and learned Lady give way?

[Joanna Cherry]

I hope the hon. Gentleman will not mind if I make some progress for the time being and possibly give way later. I mentioned the letter to The Guardian. I am conscious that the right hon. and learned Member for Beaconsfield (Mr Grieve), the former Attorney General, has expressed his view on the matter. I would always accord that the respect it deserves, but I respectfully disagree with him. The letter to The Guardian from the lawyers today was focused initially on the problem of bulk intercept. Even the Interception of Communications Commissioner’s Office, the independent watchdog, has said that bulk intercept provides “generalised initial interception”, and that is the issue here—it is the generality, and the lack of focus and specificity, that the lawyers are worried about.

--- Later in debate ---

[Anne McLaughlin (Glasgow North East) (SNP)]

As Members have heard, on the three main aims of the Bill, the SNP agrees with the Government. Laudable as those aims are, however, they are certainly not always in concert with the effects of the Bill. In the words of the Internet Services Providers Association, ISPA—not to be confused with the Independent Parliamentary Standards Authority, IPSA—

“there is a disconnect between what can be found on the face of the Bill and what the Government says the Bill will be used for. Given that the Bill is highly intrusive, the Government must put all of its intentions for how it plans to use the powers on to the face of the Bill. Reliance on speeches and…documents, such as codes of practice, to make clear what the Bill explicitly intends is unsatisfactory.”

The SNP and I have a number of other concerns, as my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) so eloquently laid out. As the SNP’s civil liberties spokesperson, I have received a large volume of emails on the matter. I want to focus on the concerns most frequently raised with me by civil liberties campaigners and my constituents. Time is very tight, so I have to chop my speech to pieces. I will try to be specific and to speak even more quickly than I am doing now.

One concern is that the Bill legalises practices that have been introduced without any parliamentary scrutiny, and it uses the fact that they are already happening as some kind of justification for their efficacy, legality or morality. We should be wary of legitimising steps taken by state agencies without our knowledge or consent, before we have had a full debate on whether we consent to those powers. I refer, of course, to the bulk powers in the Bill. It is not good enough to say, “We have not had any major disasters so far.” That is the cowboy builder’s approach to our liberties. It is equivalent to saying, “Keep your fingers crossed and hope that the roof does not cave in,” and it is not good enough.

Like many civil liberties campaigners, I appreciate the fact that targeted interception with appropriate oversight plays a vital role in keeping our constituents safe. Nobody has a monopoly on that—we all want to be safe, and we all want to feel safe—but the key issue is targeting. The majority of the case studies that were provided, and experience of terrorist attacks elsewhere, show that, by and large, individuals involved in such attacks attract attention from the authorities in advance of the attacks.

[Simon Hoare]

Will the hon. Lady give way?

[Anne McLaughlin]

I am speaking as fast as I can; I cannot possibly give way. I am very sorry.

Such leads must be followed up in a targeted manner, and we must protect our much valued civil liberties and the freedoms for which, so we are told, Britain is famed.

I find it disturbing and somewhat frightening that the Home Secretary has refused to accept the recommendation, by one of the three parliamentary Committees that have detailed their concerns, to exclude from the Bill the use of surveillance powers for the economic wellbeing of the UK. From the passion and determination with which British politicians of all hues fought to keep Scotland in the UK, and if we accept, as I do, that they did so not just for Scotland’s own good, it is clear that they believed that our independence would have an adverse impact on the UK economy. Notwithstanding the fact that I do not necessarily agree with that premise, I am interested to know whether all independence campaigners are vulnerable under this legislation.

--- Later in debate ---

[Steve Brine (Winchester) (Con)]

My thoughts on this legislation can best be summed up in three ways: first, it is about time; secondly, it is very much a Bill of our time; and thirdly, I of course wish it was not needed at all. The measures contained in the Bill should have been on the statute book in the previous Parliament, of which I was a Member, but history records why they were not.

I say it is a Bill of our time. Sadly, the bad guys have always wanted to do us harm. In the internet age, it of course gets harder to deal with them—it requires us as a society to ask ourselves even tougher questions about the compromises required—but that does not mean we can bury our heads in the sand. Whether or not this Parliament acts, the world will continue to be a dangerous place and our many enemies will continue to use the very latest technology to try to get at us. We cannot stop the world because we want to get off.

It seems to me that the opponents of the Bill break in one of two ways, or perhaps both—that we have rushed to get to this point, and that insufficient safeguards are in place for the powers granted. As a youngish researcher, I worked on the Regulation of Investigatory Powers Bill 16 years ago. I remember the claims that it was rushed, was not needed and, above all, would usher in some Orwellian nightmare. I did not believe that then, and I do not believe it now. The intention to bring forward this legislation was set out clearly in our successful manifesto last year.

[Simon Hoare]

My hon. Friend makes the very important point that this legislation was in our manifesto. Given the slightly academic approach to law enforcement taken by our friends in the other place, does he share my hope that, because the Bill is a manifesto commitment, they will not seek to hold it up, given its urgency?

[Steve Brine]

I think the other place will enjoy being described as taking an academic approach. Yes, this very clear security measure was in our manifesto, and I think that message will clearly go along the corridor.

As the Home Secretary said, the Bill follows no fewer than three reports, published last year, which concluded that the law in this area was not fit for purpose and needed reform. We have heard much about the Anderson report today. We have had the ISC report and we have heard from its Chairman, my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). We have also had the RUSI independent surveillance review. Further to all that, the draft Bill was subject to pre-legislative scrutiny by three parliamentary Committees, which made some 86 recommendations about how it might be improved.

As we have heard, the Government have accepted many of the recommendations. There has also been a general election. I know that the Minister for Security and his team have done a huge body of work in bringing the proposals—Bill-ready, as they now are—before the House today, so I think it is some stretch to say that the measures have been rushed before us. Furthermore, I think our constituents should be reassured that, after all of that, we have a better Bill. It has been stress-tested by all the work I have mentioned, and we have the lengthy process of parliamentary scrutiny ahead of us.

The Government say that the only new capability provided for in the Bill is the ability to require retention of internet connection records. That is certainly the area that has most caught the media’s attention. Oversight for the operation of the surveillance powers in the Bill is also reformed compared with the legislation—RIPA—that it supersedes. The new double lock means that, for the first time, the commissioners will bring an element of judicial oversight to the process of issuing warrants. I am happy with that, but I want to hear more from the Government about the practicalities of those oversight arrangements, and to be sure that the judicial commissioner will not merely look at the decision-making process that a Minister has gone through, thereby undermining the significance of the authorisation procedure.

I have no issue with Britain’s spy agencies and those parts of the police that investigate serious crime having these powers. I think that they have earned the right to be trusted, and I take the Home Secretary at her word when she says that they have foiled serious terrorist plots in the UK since November 2014. I do, however, have concerns that these powers will end up also being used for trivial purposes by those in our town halls and local constabularies who may think that they are in an episode of “Spooks”. I know that that is not the intention of the Bill, which seeks to keep us safe and equip the spooks to do their job in the 21st century—as I am sure the Minister will reiterate when he winds up the debate—but I do not want this Bill to become its own public relations disaster due to a mission creep that was never intended in its drafting.

Time is short, so in conclusion, there will always be strong emotions about a Bill such as this. Some will believe that we are presiding over an increasingly all-seeing state that reaches into our lives too much, and others will think that these measures do not go far enough. Many of our constituents will take the view that, if someone has nothing to hide, they have nothing to fear, and I have some sympathy with that. The truth is probably somewhere in between. As I said at the start of my remarks, I wish that a Bill such as this were not necessary, but it is, and a wealth of evidence suggests that the law in this area needs urgent revision. The bottom line is that we as a society give something away in return for our freedom, safety and security. That is a choice we make as an elected House of Commons and as elected representatives. There is always a compromise between liberty and security. It is unhelpful to present this issue as being all one way or all the other way. On balance, having looked at the evidence, read the Bill and talked to Ministers, I think that it contains the right combination of measures, and I will support it tonight.

--- Later in debate ---

[Simon Hoare (North Dorset) (Con)]

I support the Bill, having not had the privilege of ever being a lawyer. Occasionally, that is quite useful as it brings an element of common sense to the debate. I support the Bill because I believe it is balanced, proportionate and needed. It has a subtle nuance of equilibrium between the rights and the powers, between the state and the law enforcement agencies and the rights of individuals. I say that not because of any ovine tendency, but because I happen to believe that it is true.

We have listened this afternoon to the Opposition parties in glorious abstention. Their absence from most of the debate underscores the lack of seriousness with which they take national security. They have sat slightly like the vestal virgins, positioning themselves as the guardians of the flame of some cherished civil liberty, often dancing on the head of a legal pin, where this test has not quite been met or that hurdle has not quite been covered. We will wait and see what happens on Report.

I speak as a father, a husband, a son—somebody, I hope, with common sense, who believes that at the heart of the Bill is the Government’s sincere intention to deliver what they were elected to do—that is, to strive and to put in place mechanisms to defeat and frustrate terrorism, to protect our children and our young people, to try to address the problems of drug and people trafficking. Listening to the Labour Opposition, in years gone by, they probably would have complained that the magi had been intercepted and that Herod was allowed the slaughter of the first-born as a result.

[Nusrat Ghani]

Perhaps we should reflect on the view of experts. When David Anderson gave evidence to the Home Affairs Committee, on which I have the privilege to sit, he said, “My view is that if the police and the intelligence agencies can prove that they need those powers to do their job of keeping us safe, then the powers need to be there.”

[Simon Hoare]

My hon. Friend is right. Those of us who took part last summer in the debate on the Anderson report, which was a very thoughtful cross-party debate, would have drawn a huge amount of comfort from what David Anderson said.

The Home Secretary and the Foreign Secretary have come to the right conclusion with the dual lock, a judge and specially trained commissioners. Their training, experience and understanding of the issues will need to be demonstrated so that the House and the public can have confidence in their judgment. It is crucial that Ministers of the Crown, accountable to this place and the electorate, will take those decisions and then be peer-reviewed by the judiciary.

The business of government, as we all know, can often be difficult, and we have people doing good work in difficult circumstances in our name. I am convinced that they do it to the highest of standards and to the zenith of professional integrity, but with the sole focus which is underscored in every line of the Bill—that the first duty of Government is the security of the realm. The nation at last should know that the Government take that seriously. The glorious principle but fairly impotent abstentions of the Opposition parties speak volumes.

[Several hon. Members rose—]

--- Later in debate ---

[Suella Fernandes (Fareham) (Con)]

I am not sure what the collective noun is for lawyers.

[Simon Hoare]

A pain.