Data Retention and Investigatory Powers Bill

Baroness May of Maidenhead Excerpts

Tuesday 15th July 2014 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

I beg to move, That the Bill be now read a Third time.

We have had a lively and constructive debate today on the urgent need to ensure that communications data continue to be retained, and to clarify the law in respect of interception for communications service providers.

I thank all those who have contributed to the Bill during its various stages so far. I also want to place on record my gratitude to those who have recognised both the need for this legislation and the reason it is so important that we see it enacted quickly.

We discussed the Bill earlier today on Second Reading and it has just been scrutinised in Committee. I thank the Opposition for the support they have given to the Bill and their recognition of the importance of the issues it deals with. I also thank the Clerks of the House and all those involved in supporting us and enabling us to do this business in one day. Particular thanks are due to my hon. Friend the Minister for Security and Immigration for the excellent job he has done in taking the Bill through its Committee stage, and to the right hon. Member for Delyn (Mr Hanson) for his contributions on behalf of the Opposition.

I do not want to rehearse in detail all the arguments that have been made, but I remind Members that the Bill deals with two urgent issues, including the response to the European Court of Justice decision in April, which struck down the European data retention directive. That has created uncertainty among communications service providers about the legal basis for the retention of communications data in the UK, which is a crucial resort for law enforcement and intelligence agencies.

[Dr Julian Lewis]

I am sure the Home Secretary knows that I am, in general, supportive of the Bill, but, in the light of the vote we have just taken, what sort of guarantee can she offer the House that the same European Court that struck down the previous situation will not strike down this Bill as well?

[Mrs May]

As I indicated earlier, and as I think others have indicated during the course of the various debates we have had today, the European Court of Justice did not strike down the ability to retain data. It recognised that the ability to retain data was necessary and it recognised purposes for which those data could be retained. What it did in its judgment was say that the data retention directive was drafted too broadly and it challenged its scope.

Of course, it was always the case that regulations here in the United Kingdom had been drawn more tightly and narrowly than the data retention directive. We are able to put through this Bill with confidence because not only were our data retention regulations drafted in a way that met many of the issues that the ECJ raised, but we have made some changes to ensure that we meet the extra requirements that the ECJ made on us. That is what gives us confidence in the future of this legislation.

We have heard a number of examples today of how important it is to have the ability to retain and access communications data. It is vital for piecing together the activities of suspects, victims and vulnerable people, and ensuring that serious criminals and terrorists can be brought to justice. This Bill will clarify the legal basis for us to oblige communications service providers to continue retaining communications data.

At the same time, we need to put beyond doubt the legal obligation on companies that provide services to people in the UK to comply with our laws on interception, regardless of where they are based. As we know, the communications services used by us all are increasingly provided to the UK by companies based outside the country. Interception, which can take place only within strict limits and with a warrant authorised by the Secretary of State, can prove vital when investigating the most dangerous criminals or defending the security of the United Kingdom.

In the absence of explicit provisions in legislation, some overseas companies have started to question whether the law applies to them, so we are clarifying the law. The Regulation of Investigatory Powers Act 2000 was always intended to apply to any company providing communications services to the UK, as the provisions in the Bill make absolutely clear. The Bill does not introduce new powers, or extend the reach of law enforcement or security and intelligence agencies in any way. It responds to the European judgment, clarifies the existing provisions of RIPA and ensures that the police and security and intelligence agencies can maintain essential capabilities to fight crime and protect the public.

The Bill does not replicate the draft Communications Data Bill. As I have said several times, I continue to believe that its measures are absolutely necessary, but this Bill is not about what was in the draft Bill; it is about ensuring that we retain the capabilities we have at the moment. It will be for the next Parliament to debate other extensions in relation to communications data, as in the draft Bill. We know that that debate will take place because this Bill has been “sunsetted”. It will therefore be necessary for the Government to look at the issues after the election. Indeed, that will be on the basis of informed debate, following the review undertaken by David Anderson, as agreed.

The Bill will ensure that the job of those who protect us does not get even more difficult; that they can continue to use powers that are part of everyday policing; that they remain able to find vulnerable people at risk or in danger; and that they can maintain the use of vital capabilities to solve crime, save lives and protect the public from harm. It will ensure that our police, law enforcement agencies and security and intelligence agencies have the capabilities to do that. I now invite the House to pass the Bill and send it to the other place, and I commend it to the House.