Investigatory Powers Bill

John Bercow Excerpts

Tuesday 1st November 2016 Commons Chamber

Consideration of Lords amendments.

[Mr Speaker]

Before we come to the first group of amendments, may I say that, as the House knows, there are 377 Lords amendments to the Investigatory Powers Bill, which were passed to this House yesterday evening? I must inform the House that none of the Lords amendments is certified—it says here “are certified”, but that is quite wrong; “none” takes the singular—under the EVEL Standing Orders. The Scottish Parliament passed a legislative consent motion on 6 October, copies of which are available with the Bill documents online and in the Vote Office. I must also inform the House that two of the Lords amendments—270 and 271—engage Commons financial privilege. If they are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

On a point of order, Mr Speaker. You have made reference to the Sewel convention and to the legislative consent motion being available in the Vote Office. The legislative consent motion from the Scottish Parliament is dated 6 October. Amendment 15—one of the most important amendments we will consider—was passed on 11 October and deals with a matter referred to by the noble Lord Howe as being outside the ordinary ambit of the Bill and a considerable advance from what was in the rest of the text. I am concerned, therefore, that amendment 15 by their lordships is not approved by the Sewel convention or covered by the legislative consent motion that we have received from the Scottish Parliament. I know that, strictly speaking, this is a matter for the Government, not the House of Commons itself, but I fear that the House would be doing a discourtesy to the Scottish Parliament if we were to proceed to legislate on a devolved matter, which media policy is. It would be helpful to have your guidance, and perhaps ruling, on where we should go with the Sewel convention, and perhaps for the Government to clarify their position.

[Mr Speaker]

I am very grateful to the hon. Gentleman for advance notice of his point of order. Might I just mention in passing that his exegesis of the legislation, and his courtesy and regard for the principle of courtesy in respect of other Parliaments, are impeccable, as is invariably the case.

As the hon. Gentleman will know—I welcome this opportunity to clarify the position, and it does require clarification—section 2 of the Scotland Act 2016 enshrined in legislation the statement that:

“the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.”

That does not prevent the House from considering amendments that the Scottish Parliament has not consented to.

We are just about to come to the first debate on a group of Lords amendments that, as the hon. Gentleman rightly observes, includes Lords amendment 15, and it is, I believe, with that that he is overwhelmingly concerned. The Government have given notice of their intention to disagree with Lords amendment 15, among others. We will have to wait to learn from the debate why the Minister takes that view. I am giving due notice that the House will certainly expect an explanation on that matter—whether the House as a whole does, I feel absolutely certain that the hon. Member for North East Somerset will.

If the hon. Gentleman’s thought about Scottish consent had not already occurred to Ministers, or those advising them, I surmise from the attentive attitudes of right hon. and hon. Members on the Front Bench, including much nodding of heads and expressions of sagacity, that it will have done so now. I hope that will do at least for now. I thank the hon. Member for North East Somerset because he has done the House a service. These conventions matter, and he has reminded us of that point.

Clause 8

Civil liability for certain unlawful interceptions

[The Minister for Security (Mr Ben Wallace)]

I beg to move, That this House disagrees with Lords amendment 11.

[Mr Speaker]

With this it will be convenient to discuss the following:

Lords amendment 12, and Government motion to disagree.

Lords amendment 13, and Government motion to disagree.

Lords amendment 14, and Government motion to disagree.

Lords amendment 15, and Government motion to disagree.

Lords amendment 338, and Government motion to disagree.

Lords amendment 339, and Government motion to disagree.

[Mr Wallace]

The Investigatory Powers Bill will provide a world-leading framework for the use of investigatory powers by law enforcement and the security and intelligence agencies. It will strengthen the safeguards for the use of those powers, including through the introduction of a double lock for the most intrusive powers, and it will create a powerful new body responsible for oversight of them. This is the most important piece of legislation this Government will bring before the House.

I will turn first to the amendments tabled in the other place by Baroness Hollins. As we have just heard from my right hon. Friend the Secretary of State for Culture, Media and Sport, the Government will hold a landmark public consultation relating to the governance of the press and its relationship with the public, police and politicians. This consultation will give everyone with an interest in these matters an opportunity to have their say on this vital issue, which affects each and every one of us in the country. I hope the whole House will welcome the announcement, which shows the Government’s commitment to addressing the issues and recommendations set out in the Leveson report in the most appropriate way.

This is an emotive subject for Members, in both this House and the other place, where Earl Howe set out the Government’s position in relation to this issue during the debate on Report. I hope the House will indulge me while I set out the key points. As I said at the start of my remarks, the Investigatory Powers Bill is one of the most important pieces of legislation the Government will bring forward. It will provide a world-leading framework for the use of investigatory powers by law enforcement and security agencies and, in doing so, protect this nation from some of the most serious crimes and threats. We should not forget that the Bill will also strengthen the safeguards for the use of those powers, and it will create a powerful new body responsible for that oversight.

We heard yesterday in the Lords from peers on all sides about the importance of the Bill and the careful cross-party scrutiny that has got it into the very good shape that it comes back to the House in today. The Bill will provide vital tools for our law enforcement, security and intelligence agencies. It is not, and never was, intended to provide for the regulation of the press.

Whatever the merits of the provisions introduced by Baroness Hollins, this is not the place for them. Their inclusion is a distraction from the very important aims of the Bill. Moreover, they threaten to undermine an important provision in the Bill.