Investigatory Powers Bill

Debate between Will Quince and Gavin Newlands

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

[Gavin Newlands]

I am afraid not, because I do not have time. Plenty of other Members want to speak.

You will pleased to hear, Mr Speaker, that I am nearing the end of my speech. [Hon. Members: “Hear, hear.”] Thank you.

We live in a digital age. I therefore welcome the Government’s proposed digital economy Bill, and, indeed, the Chancellor’s commitment to match the Scottish Government’s commitment to universal broadband provision. The digital economy Bill is intended to make the United Kingdom a world leader in digital provision. However, according to many in the industry, this Bill will completely undermine that goal before the draft Bill has even been printed.

It is only right and proper for the Government to consider and propose new powers that our security agencies can use to keep us safe, but in many parts of the Bill the Government fail to make the case that the powers they want to introduce will be effective, are necessary, are in line with our right to privacy, and cannot be challenged in the courts. It is for those reasons that the SNP are still unconvinced of the merits of the Bill, and will vote against its Third Reading later this evening.

[Will Quince (Colchester) (Con)]

I rise to support new clause 19, which stands in my name. It is a scoping amendment, which I do not intend to press. A large number of amendments have been tabled so I will be extremely brief, but I want to pay tribute to my hon. and learned Friend the Solicitor General, who has been incredibly receptive to the concerns that I have raised throughout this process.

We all remember the examples of local authorities using powers inappropriately, whether that has involved rummaging through our bins or spying on paper boys to determine whether they have the right to work. I welcome the steps that the Government have taken to try to address that, including the creation of a new criminal penalty for the misuse of these powers. However, I believe that more needs to be done to ensure that the wider public can be confident that we will not see a repeat of history, and will not see councils misusing the powers in the future.

New clause 19 would introduce a requirement that when a judicial commissioner approves an authorisation for telecommunications data for a designated senior officer of a local authority, that senior officer must notify his or her chief executive before the authorisation has taken effect. I believe that that will help for two reasons. It will discourage over-zealous officers from applying for authorisations if they know that their chief executives will see those authorisations before they take effect, and, in the event that a council officer is found to have misused the powers, the chief executive will be accountable. Chief executives will never be able to say that they did not know what was happening in their authorities.