Investigatory Powers (Amendment) Bill [Lords]

Yvette Cooper Excerpts

2nd reading
Monday 19th February 2024 Commons Chamber

[James Cleverly]

That is not an element of this Bill. On a commitment for the Prime Minister to meet with the Committee, I will look at the details.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Will the Home Secretary give way?

[James Cleverly]

I want to make progress to ensure that everyone who wishes to speak in this debate is able to do so, but I will give way to the right hon. Lady.

[Yvette Cooper]

On that point, will the Home Secretary encourage the Prime Minister to go before the Intelligence and Security Committee at the soonest opportunity? My understanding is that that has not happened for 10 years.

[James Cleverly]

I cannot make a commitment on the Prime Minister’s behalf. Members of the Committee will know that I appeared before the Committee in my previous role, and I think it is important that Government do make themselves available for this scrutiny. As I say, it would be inappropriate for me to demand of the Prime Minister attendance anywhere, but I will pass on the right hon. Lady’s point.

--- Later in debate ---

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The first duty of any Government is to keep their citizens safe—to defend our national security and defend our citizens against terrorism, extremism and serious crime. Labour always stands ready to work cross-party on national security to keep our country safe. It is why we are supporting this Bill today, why we will work with the Government to get the details right, and why we look forward to pursuing some of these issues in further detail in Committee. We recognise the important work that the Intelligence and Security Committee has done on this and that Lord Anderson has done in reviewing these areas; I pay tribute to his work, and to his previous work as independent reviewer. We also recognise the detailed considerations that have already taken place in the House of Lords.

It is vital that our intelligence and law enforcement agencies have the powers and capabilities they need to pursue terrorists and dangerous criminals, such as child abusers, and to keep the public safe. I pay tribute to the work of the intelligence and security agencies and to our counter-terror police for the immense work that they do. We are all indebted to them for their tireless and, by necessity, often hidden work to protect our country and defend our democracy and our freedoms from those who would seek to do us harm.

It is significant in the context of the Bill that the work of those agencies is about not just protecting our security, but defending our democracy. That is why it is so important that the powers they possess operate within a clear and strong legal framework with proper oversight and robust safeguards to prevent abuse or misuse. It is why the agencies themselves support having a strong legal framework in place. It is how we ensure there is consent and support for the essential work that they do. It is why this framework has to both protect privacy and protect us against serious threats, and why it has to defend both security and liberty—in a democracy, those go hand in hand. Strong powers always need to be accompanied by strong oversight and strong safeguards. That is why it is important we get the detail right. Just as we worked in a constructive cross-party manner on previous investigatory powers legislation and on the National Security Act, we will continue to do so on this legislation.

The reality that we all face is that threats to our national security are now more complex than ever: fast-changing challenges from home-grown extremism and radicalisation; a steep rise in state-sponsored threats from hostile foreign actors; the exponential growth in new technologies; the proliferation of serious crimes; and national security threats such as child abuse being perpetrated and spread online, putting young children and young people at terrible risk.

Within that rapidly evolving landscape, we obviously cannot allow our security services to be outpaced. We must ensure that the interception powers that our security services and police have to fight crime are updated to cope with rapid technological changes and changing threats. We must also ensure that the safeguards and oversight keep pace with changing powers, so that we continue to ensure, as is embedded in the legislation, that all measures are appropriate and proportionate when action is taken. That is why we rightly have, in the existing Investigatory Powers Act 2016, measures such as the double lock on some provisions relating to judicial commissioners’ approval and oversight; those, too, need to be updated in response to changing technology.

The Bill is necessary because technology is moving so fast. We now see serious crimes such as: child abusers using new and very different methods to share vile images of sexual assaults on children; extremists and terrorists using different and changing internet forums and encrypted messaging to find new ways to radicalise and organise; and serious and organised criminals using new applications to launder money and drugs, and to facilitate organised immigration crime that can put lives at risk. Clearly, that means the legislation needs to be updated. That is why we recognise the need for measures and the main provisions in the Bill—for example, on bulk datasets. We recognise the need for the Government to make changes to the existing framework, because agencies that are working at pace to intercept threats should not have to go through the same lengthy processes to use datasets that are widely available to the public and other commercial organisations.

In the other place, Members debated the importance of getting the threshold right and how the phrase “low or no expectation of privacy” should be interpreted. Those discussions will rightly continue in Committee. We will also continue to seek further clarification on the interaction of these reforms with some of the measures in the Data Protection Act 2018.

On internet connection records, the Bill reflects some of the recommendations made by Lord Anderson. This is a sensitive area and, rightly, there is a high test for important agencies to meet to access vital records, but there are also particular concerns around child abusers and terrorists being able to use new forums and communication channels where there should be the further ability to pursue action and intelligence leads. We recognise the importance of the issue, but also of ensuring that we get it right and frame the detail in the right way to ensure that we can protect vulnerable young people and children.

Ministers are right to ensure that Government Departments are not inadvertently prevented from the kinds of normal and routine legitimate exchanges of basic information by inadvertent coverage of previous legislation, and to ensure that appropriate safeguards are in place. We agree it is important that there are processes to ensure that security and intelligence agencies can anticipate technological changes that are coming down the track from major telecommunications companies and major commercial organisations that might potentially make their work more difficult or inadvertently put national security at risk. Rather than have everyone simply try to play catch-up in retrospect, including with criminals and terrorists who may exploit those changes, it is sensible to have in place in advance a process for constructive dialogue between companies and intelligence agencies to mitigate any adverse consequences for tackling serious crimes, such as child sexual exploitation. I hope Ministers will look at how far they can ensure that regulations to govern changes to the notices regime are properly consulted on, scrutinised and therefore set at the appropriate level, and that they continue to engage with technology companies on how they should be implemented.

We welcome the additional safeguards and the introduction of stronger oversight, including as a result of the discussions in the other place—for example, ensuring that more of the commissioners’ functions are put on a statutory footing; ensuring there is proper oversight of the use of third-party bulk personal datasets by intelligence services; and including additional protections, through Government amendment 45 in the other place, relating to confidential journalistic material and sources. We hope that that issue will be looked at further in Committee.

In the context of what the oversight arrangements should be, I ask the Government to look again at the role of the Intelligence and Security Committee. As a former member of the ISC—although that was now more than two decades ago—I can testify to the importance of the Committee and the seriousness with which all its members take their work. The Committee provides a level of oversight and scrutiny that cannot be provided in the normal way by other parliamentary Select Committees, due to the nature of the secret work our intelligence agencies need to do. It also performs an important role for Government. There should be the reassurance for Ministers that the work of the intelligence and security agencies is being appropriately scrutinised. The Government therefore need to look again at updating the memorandum of understanding for the ISC to ensure that it, too, can fit with the evolving landscape under the changes that are taking place, and to make sure that its remit can do so as well.

I will press the Home Secretary again on this issue. I understand that he cannot answer for Prime Ministers in a simple way, but I press him to take back to the Prime Minister the importance of recognising the serious role played by the ISC. It is not simply about the role of the Foreign Secretary or the Home Secretary; it is also about the role of the Prime Minister. There are powers that only a Prime Minister has and has to execute, as is reflected in the Bill. Therefore, recognition from the Prime Minister of the role of the ISC is important.

Finally, there is the complicated issue that Lord Anderson raised regarding the circumstances in which the Prime Minister’s unique powers can be delegated in the context of intercept warrants targeted at Members of relevant legislatures. There was a detailed discussion. Those warrants are rightly subject to a triple lock process which requires the authorisation of the Prime Minister. We recognise that the experience of covid and the hospitalisation of the then Prime Minister in 2020 gave rise to questions about what should happen in such circumstances and making sure there are proper procedures in place to ensure that there is no national security gap. Members in the other place were right to press for a tightening of those arrangements. That raises wider issues that the Bill cannot address: around what happens if there is a conflict of interest for a Prime Minister or circumstances in which a Prime Minister is accused of being careless on issues around national security. I do not think that that can be addressed by the Bill or perhaps by any legislation, but it is a salutary reminder to us all about the importance of Prime Ministers taking immensely seriously their responsibilities towards our national security and always behaving in a way that means that that can never be in doubt.

This should be a cross-party issue—a matter on which we all work together. I know that Members who are present this evening and have great expertise in this area will want to raise further questions about the detailed application of the Bill, and I hope that those will be considered in the same spirit that we saw in the House of Lords. Often in this place, the Government simply maintain their position and the detailed amendments are tabled in the Lords, but I hope that on this issue we will see the same spirit of cross-party discussion that we saw in the other place.

This is about ensuring that there is proper oversight and there are proper safeguards, but it is also, vitally, about defending our national security at a time of rapidly changing technology, when we all have grave concerns about the potential for terrorists, extremists and serious criminals to exploit that new technology to do us harm. We must all be vigilant, and ensure that the intelligence and security agencies are supported so that they can do the work we need them to do, on our behalf, to keep our country safe.