Data Protection Bill [ Lords ] (Fifth sitting)

Stuart C McDonald Excerpts

Tuesday 20th March 2018 Public Bill Committees

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I agree that these amendments ask a legitimate and important question about the level of safeguards on international data sharing by UK intelligence agencies. As it stands, clause 109 contains two fairly otiose sub-clauses to do with the sharing of personal data abroad by our intelligence agencies. In contrast, there is a whole chapter and a full seven clauses putting in place safeguards in relation to transfer to third countries by law enforcement agencies. These amendments borrow some of the safeguards placed on law enforcement agencies and there seems to be no good reason why that is not appropriate. I take the point that it does not necessarily follow that what is good for law enforcement agencies is definitely good for intelligence services. However, it is for the Government to tell us why those safeguards are not appropriate. If there are different ways for us to go about this, I am all ears, like the right hon. Gentleman. The right hon. Gentleman quite rightly raised the example of drones and US attacks based on information shared by personnel. At the moment, the lack of safeguards and of a very clear legal basis for the transfer of information can be lethal for billions and is dangerous for our personnel, as the Joint Committee on Human Rights has pointed out. We support the thrust of these amendments.

[Darren Jones (Bristol North West) (Lab)]

I declare my interests as set out in the Register of Members’ Interests.

--- Later in debate ---

Question proposed, That the clause stand part of the Bill.

[Stuart C. McDonald]

Clause 113 is one of the broad Henry VIII powers that we are consistently opposing and voting against and will continue to oppose and vote against. In chapter 6 of part 4 of the Bill are set out various exemptions that would disapply a number of aspects of data protection if that were required for national security. In schedule 11 are set out further exemptions, including for prevention and detection of crime, parliamentary privilege, legal professional privilege and so on. Huge swathes of data protection principles and subjects’ rights disappear in those circumstances.

We have already had a number of good debates on whether we have struck the right balance between the rights of data subjects and the national interest, national security interests and so on. In our view, it rather undermines our role in scrutinising Government legislation and finding the right balance if we then hand over what is pretty much a carte blanche to change the balance that we have decided on, with the minimum of scrutiny, through broad Henry VIII powers. We therefore continue to oppose broad Henry VIII powers in the Bill and encourage hon. Members to support taking this clause out of the Bill.

[Victoria Atkins]

I thank the hon. Gentleman for raising this point. Clause 113 is analogous to clause 16, which we have already debated, and provides for the Secretary of State, by regulations subject to the affirmative procedure, to add further exemptions from the provisions of part 4 or to omit exemptions added by regulations. This clause reflects amendments made in the House of Lords in response to the Delegated Powers and Regulatory Reform Committee’s concerns that the powers in the Bill as introduced, which provided for adding, varying or omitting further exemptions in relation to schedule 11, were inadequately justified and too widely drawn. However, maintaining the power to add further exemptions, or to omit exemptions that have been added, provides the flexibility required, if necessary, to extend exemptions in the light of changing public policy requirements.