Investigatory Powers Bill

Wendy Morton Excerpts

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

[Wendy Morton (Aldridge-Brownhills) (Con)]

It is a privilege to speak on the second day of consideration of this very important Bill and to follow hon. and right hon. Friends and colleagues, as well as the many learned friends and colleagues—[Interruption.] I did not quite expect to hear that noise from the skies during my opening comments; I do not normally have this sort of impact.

I do not wish to disappoint people, but unlike my hon. Friend the Member for North Dorset (Simon Hoare) I sought neither inspiration nor cake from Kipling. Instead, I turned to the American scientist and author Neil deGrasse Tyson, who wrote very perceptively:

“Any time scientists disagree, it's because we have insufficient data. Then we can agree on what kind of data to get; we get the data; and the data solves the problem. Either I’m right, or you’re right, or we’re both wrong. And we move on. That kind of conflict resolution does not exist in politics or religion.”

Very wise words, I think.

I believe that the advantage scientists have over the rest of us who base our judgments on instinct or hope should also be available to the people who keep us safe, our security personnel and the agencies in which they so importantly serve. I appreciate the sensitivities and difficulties with this topic of bulk powers, but I feel that the Bill has had a lot of scrutiny. It has been a long time in gestation, and rightly so.

Our security services need data, the raw information—perhaps from dozens of sources. They need the hundreds, perhaps thousands of pieces with which to build a picture of the threats that face us, and they then have the knowledge to take the right action against them. In today’s world in which data are all around us, our security personnel need to be able to collect them and to have the right, with safeguards, of course, to pull them all together.

There was a good deal of discussion on Second Reading, in Committee and now on Report on the nature of bulk powers and bulk review. It saddens me that a notion seems to have developed among some that the security services, given the chance, will use new powers to hoover up all the information on us all without any control at all. I think that that perception is false. Why? As we have been told, the bulk powers referred to in this Bill are already provided for in existing legislation. The Bill brings them together and, importantly, makes them subject to robust statutory safeguards.

[Kevin Foster (Torbay) (Con)]

My hon. Friend is making an excellent speech. Does she agree that, as mentioned by the hon. and learned Member for Holborn and St Pancras (Keir Starmer), having one Bill that brings consistent tests to this area and to the use of this power makes eminent sense and that that is why it should be supported?

[Wendy Morton]

I am grateful to my hon. Friend for his helpful intervention. He is absolutely right; it makes sense to bring these powers together and, while doing that, to consider the safeguards.

Yes, the Bill provides our security and intelligence agencies with the ability to obtain data in bulk in order to identify new threats and to learn more about existing threats, but I feel that it does not confer on them new and sweeping powers. Our intelligence agencies have bulk collection powers but they do not conduct analysis of the data in an indiscriminate manner without reasonable suspicion—it would not be lawful for them to do so. In the modern world these powers, which already exist, are crucial. Bulk capabilities are crucial.

To investigate a target, our agents need to be able to acquire its communications in the first place. When a target is overseas, bulk interception is one of the key means, and may be the only means, by which we can obtain communications that would otherwise not be available. This is especially so if that potential threat is operating in an area where we have no strong diplomatic link or where the governing authority is not in control of all its own territory. We know from yesterday’s debate that bulk powers and their use have been instrumental in keeping us safe from threats abroad and, indeed, at home. It is worth noting that the bulk powers in the Bill have already played a significant part in every major counter-terrorism investigation of the last decade, including in each of the seven terrorist attack plots disrupted since November 2014. They have been essential in identifying 95% of the cyber-attacks on people and businesses in the UK discovered by the security and intelligence agencies over six months. Here at home the existing powers have been used to identify serious criminals who were seeking to evade detection online and could not be pursued by conventional means, supporting the disruption of more than 50 paedophiles in the UK in the past three years.

I would like to quote the words of my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who is no longer in his place but who has been contributing to today’s debate. He is a former Attorney General and not, if I may say so, a man who lightly allows liberties to be chipped away. He said of the Bill:

“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.]

Of course, some will disagree with the former Attorney General and they rightly have the opportunity to do so, but I happen to agree with him on those points.

Finally, I want to touch on calls from Labour and the SNP on Second Reading and in the Public Bill Committee for independent validation of the operational case. We should recognise that the Government have listened and, in response to those calls, have confirmed that David Anderson QC will undertake a review to inform the passage of the Bill through the House of Lords. Parliament will then be able to decide.

I will support this Bill as one that codifies the law as much as it extends it, and that builds robust safeguards against intrusion while at the same time safeguarding the public. I believe that it is an extremely important Bill—important to our country, important to the people of our country, and important to our constituents.

[Gavin Robinson]

It is great to follow the hon. Member for Aldridge-Brownhills (Wendy Morton), who made a powerful speech and a lightening-inducing one, it seems, to judge from the weather outside.

[Wendy Morton]

Not for the first time.

[Gavin Robinson]

Indeed.

I commented in the Tea Room earlier that I probably would not get the opportunity to contribute on Third Reading because the debate yesterday and today has been dominated by heavyweights. When I said that to a Government Member, he looked oddly surprised that I would not satisfy that criterion. I am pleased to have the opportunity not only to speak at this point on consideration, but to make the point that it would have been wholly worthwhile to have had just one Northern Ireland voice on the Bill Committee.

Members will have recognised just how considered and detailed the process has been. On Second Reading I focused my remarks solely on the prison officer, Adrian Ismay, who had been murdered in my constituency and died that very day. I made the point that we cannot continue to have abstract conversations about the impact of terrorism or about the protection that we as a state need on national security grounds, because in the here and now it is a matter of protecting us today, tomorrow and for every day to come.

I pay tribute to the Security Minister, the Solicitor General and all those Members who have so collegiately engaged in making sure that what, in years gone by, was a difficult process with the Draft Communications Data Bill—the snoopers charter—has been set aside during what I believe has been a very encouraging debate and thoughtful consideration of the Bill. Credit is due to the Minister and his team.

A point was made by the shadow Home Affairs Minister in arguing for amendments 303 to 305, and I would be grateful if the hon. and learned Member for Holborn and St Pancras (Keir Starmer) considered this issue. We have had contributions from the right hon. and learned Member for Beaconsfield (Mr Grieve) on new clause 3 and he made the point that it would not be appropriate to retain the datasets—personal data—that engage mental or physical health issues. In the light of that, I would be keen to hear from the shadow Minister on how he believes that deals with amendments 303 to 305. If new clause 3 were passed, would those amendments be necessary?

I understand that it may not be possible for the shadow Minister to respond, although I am happy to give way. It would be useful to know whether those three amendments are likely to be pressed to a Division or whether he believes that new clause 3 deals adequately with the protections for personal health data.

Child Refugee Resettlement

Wendy Morton Excerpts

Tuesday 10th May 2016 Commons Chamber

[James Brokenshire]

As I said in my opening statement, we have accepted more than 30 transfer requests since February, and more than 20 children have already arrived. We will continue to work closely with the French Government over further transfer requests, and to support them with the identification of children who are not already in the system. On transparency, I will be looking carefully at how we can update the public and the House on our progress, just as we have done for the vulnerable persons resettlement scheme.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to the Minister for coming to the Chamber today and for all his work. I am also grateful to the Under-Secretary of State for Refugees, my hon. Friend the Member for Watford (Richard Harrington) and those in the Department for International Development who have helped to deal with this crisis, which keeps going on and on. It is important to ensure that the right support is in place for these children when they come to this country, but does the Minister agree that we must also ensure that we do not play any part in encouraging people trafficking, or in encouraging children to make that perilous journey across the Mediterranean?

[James Brokenshire]

I entirely agree with my hon. Friend, which is why the programme will apply only to children who were registered in the EU prior to 20 March when the EU-Turkey deal came into effect. We must be careful not to add to an already difficult problem, and ensure that we send out that clear message to confront people traffickers and those who seek to exploit children.

Draft Investigatory Powers Bill

Wendy Morton Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

Any agency that wishes to intercept and use these intrusive powers would need to have a warrant to do so. The current position, which it is intended will be replicated in the Bill, is that a warrant applied for by the security and intelligence agencies is normally in place for six months, and a warrant applied for by law enforcement is normally in place for three months. There is a much shorter period of time when an emergency warrant is signed; it normally must be reconsidered within five days.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I, too, welcome the Home Secretary’s statement. Does she agree that it is important that the public feel reassured by these proposals and that, therefore, while it is clear that the police and security services need the very important powers set out today, where they are most intrusive it is right that they are authorised by Secretaries of State, who are, after all, accountable to the public?

[Mrs May]

I absolutely agree with my hon. Friend. That is why the doublelock is important. Many people have called for the involvement of the independence of the judiciary, but I think it is important not to abandon the public accountability of Secretaries of State. It is the Secretary of State who can stand in this House and who is accountable for the actions of the agencies, and that is why it is important that they continue to sign.

Refugee Crisis in Europe

Wendy Morton Excerpts

Tuesday 8th September 2015 Commons Chamber

[Wendy Morton (Aldridge-Brownhills) (Con)]

The news we read, the images we see and the stories we hear of the refugee crisis are, all too often, heartbreaking. I am sure we all agree that recent events in particular have been deeply moving. They have brought the events in Syria once again to the forefront of our minds.

Eighteen months ago, I travelled to Turkey with some other Members of this House to visit one of the camps on the Turkish-Syrian border. What struck me was the size of the camps. The one I visited was home to 17,000 refugees or guests. It was a city of tents and container homes, with a school and other facilities. This was just a fraction of the total number of those who, at that time, had escaped and fled Syria to seek refuge. Many, many more were still in their home country, but displaced from their homes by the brutal civil war. In many ways they too are refugees, but refugees in their own home.

Current figures show there are 16.2 million people in need of humanitarian aid. Some 12.2 million of those are in Syria and the other 4 million are in the surrounding area. What also struck me when I visited the camp and spoke to some of the families was that they viewed it as their temporary home. They wanted to get back to their homes and their homeland. It may well have been destroyed, but they wanted to go back home and their real home was Syria. Here we are, many months later, facing this ongoing and worsening situation.

We must not let those refugees down. We have a humanitarian and moral duty to help them. I believe we are a moral nation. Last year, the UK received 25,000 applications for asylum, just over 2,000 of which were from Syria. Since the beginning of the Syrian crisis back in 2011, the UK has granted asylum to about 5,000 Syrians. Yesterday’s statement from the Prime Minister proposed that Britain would settle a further 20,000 Syrian refugees over the next five years. We have sent the Royal Navy to the Mediterranean to help to save lives. We committed to spending 0.7% of GDP on international development, and I think all of us in this House should be very proud of that. We are the second biggest bilateral donor in the world to Syria and Syrian refugee camps. We have contributed considerably more than any other country in the EU, including food, water, sanitation and medical care to people in need. Those are some of things that I saw in the camp I visited. Our contribution is significant and it is right that we make it.

We must not let the refugees down, but we must not give in to terror. We must not do anything that encourages trafficking and we must not encourage people to make those perilous sea crossings. We need to recognise that people migrate for different reasons. It is vital to be able to distinguish between refugees and economic migrants. As we seek to help in the short term, we must seek to secure a long-term solution. That is why I support the Prime Minister’s statement and the work of the Home Secretary. We can, of course, always do more; and we should always ask whether we are doing enough and what more we can do.

Oral Answers to Questions

Wendy Morton Excerpts

Monday 6th July 2015 Commons Chamber

[Mrs May]

In relation to those who try to come across to the United Kingdom clandestinely, we have been improving the security of ports where they have juxtaposed controls such as Calais and, of course, Coquelles. We are also looking at questions of security around our ports here in the UK. I would like to pay tribute to the work of Border Force officers and the police in ensuring that the number of clandestines is and has been identified.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T2. Can the Security Minister reassure me that the police and the intelligence services will have new powers to stay ahead of extremist groups and individuals, not least in terms of technology?

[The Minister for Security (Mr John Hayes)]

Yes, I can. The principles and practices of our enemies may often be barbarically archaic, but the methodology they use is up to the minute. It is vital that we match that with the resources, the techniques and the skills for our security services to counter those threats.

Devolution and Growth across Britain

Wendy Morton Excerpts

Wednesday 3rd June 2015 Commons Chamber

[Wendy Morton (Aldridge-Brownhills) (Con)]

I thank you, Mr Speaker, for the opportunity to make my maiden speech as the new Member of Parliament for Aldridge-Brownhills in today’s debate, having listened to some eloquent maiden speeches this afternoon.

I pay tribute to my predecessor, Sir Richard Shepherd, who represented Aldridge-Brownhills with a great sense of duty and purpose, and who from day one was a strong and independent voice. Never one to shy away from a controversial debate, Sir Richard may be remembered by some Members in this House as a Maastricht rebel back in the 1990s. In holding true to his views on the European Union, he remained fearless. He was the last remaining Member of Parliament to have voted against Maastricht before he stepped down this year—a fact that I am sure he will forgive me for saying may bring comfort to some and sadness to others. Either way, his principled stance is to be celebrated. His record in defence of whistleblowers and his fight for a more transparent and accountable Government and for freedom of information must also be applauded.

Sir Richard stood firmly as the champion for his constituents and the wider public. He believed that by highlighting flaws and irregularities, we may work towards improvement. Courage, vigour and dedication defined Sir Richard’s 36 years of service. His record of service is an inspiration to me as I look humbly to follow in those great footsteps.

Aldridge-Brownhills is a wonderful and very special constituency. It sits between Cannock Chase to the north, Birmingham to the south, Sutton Coldfield to the east and Walsall to the west, and it is crossed by that great Roman road, Watling Street. It is also a very warm and a very welcoming place.

Aldridge itself is an award-winning Village in Bloom, which we are very proud of. It is also the birthplace of Charles Bonner, better known locally as Gus, who was awarded the Victoria Cross for his bravery in the first world war. The Bonner memorial, which was unveiled earlier this year, is a fine reminder to us all of those brave men and women who serve our country.

Aldridge can also lay claim to sporting achievements. One of the first British Tour de France cyclists, Charles Holland, was from Aldridge, and in more recent times our golden postbox, celebrating Olympic gold medallist Ellie Simmonds, has inspired a new generation. In Brownhills, we have our mining heritage and Jack “Jigger” Taylor, our local landmark, keeps the light shining on local history, which we must never forget.

Forgive me, because this is a somewhat whistle-stop tour around my constituency for my hon. Friends today. There are many gems I wish to mention, but alas I have little time. However, Rushall, Shelfield, High Heath, Pelsall, Streetly and Walsall Wood, as well as our much-loved green spaces and commons, are all part of the patchwork that makes up my constituency, and each one is equally important. Each community has an identity, and a uniqueness to recognise and celebrate. There is the Canalside festival of Brownhills, Rushall’s May fair and a wealth of community organisations, such as the Pelsall community centre, which celebrates its 50th anniversary this year. Run by the community and for the community, these events and groups, and many others, are fine examples of the spirit of our area.

As a believer in the power of communities, I know that as we seek to celebrate the past, we must also look to secure the future. In the same way, in Aldridge-Brownhills echoes of the industrial spirit and heritage that built modern-day Britain survive alongside many new industries, including established businesses such as Whitehouse Cox and Castings, and of course we should not forget the many newer businesses that together form the backbone of our local economy.

I wanted to make my maiden speech today during the debate on the Queen’s Speech because I am committed to supporting enterprise, entrepreneurship and the creation of jobs. I want to see education, skills and business drive our economy. I want to see more support for apprenticeships, and encouragement for aspiration. From my own experience, I know the challenges of taking that first step and going it alone in the business world. Start-up businesses need a framework that supports, not hinders; that works to reduce red tape and Government bureaucracy; that backs enterprise initiatives and apprenticeship schemes; and above all a Government that truly back business. That is why I am pleased to read that the enterprise Bill includes measures to reduce regulation on small businesses, so that they can create jobs.

My passion for social action and community action, and my belief in hard work, enterprise and opportunity for all, remain my drivers. If we truly want communities to lead communities, and businesses to flourish, we must continue to support them. Above all, like my predecessor, I am dedicated to serving my constituents—the communities and the people of Aldridge-Brownhills.