Serious Crime Bill [Lords]

As I understand it and as the hon. Gentleman will know, that stems from initial discussions between the Prime Minister and the Leader of the Opposition and subsequent discussions, albeit cursory, with the hon. Gentleman himself, with the right hon. Member for Haltemprice and Howden (David Davis) who speaks for the Conservatives, the Home Secretary and me. The answer is both. Clearly, the first mandate—an interesting word, but let me put that to one side—relates to whether there is a substantial and viable case, which would have to include the safeguards and other elements that are part of the debate, for taking forward intercepted evidence within an appropriate legal framework. Clearly, if the answer to that is yes, the substance of the hon. Gentleman’s point becomes the second part of such a review. If at that stage the answer, given the concerns of the security services, the police and others, is no, at least it takes the issue to termination—for want of a better phrase. I think that that is a two-stage element—although they almost run together, so it is not really two stages. Is there a way to take these matters forward and use intercept as evidence in a way that probably goes beyond public interest immunity to what amounts to PII plus, plus or whatever? Some work has been done on that already. If the answer is yes, we should proceed as the hon. Member for Sheffield, Hallam (Mr. Clegg) suggests. If the answer is no, and everyone is convinced that it is no, that clearly brings the matter to an end. I know that the Government’s view is sometimes characterised as being utterly against using intercept evidence, but in official terms at least our position has always been that we can look at such evidence if the framework that the hon. Gentleman suggested can be laid out. I have to say that from what I have seen I am not convinced that it can be, but the matter is worth exploring further and in more detail through such a vehicle as a review across party lines on Privy Council terms. I think that that is the way to take things forward. That aside, my starting premise would certainly be that Lord Lloyd’s amendment to the Bill is not the right way to take the issue forward. A Public Bill Committee would not be the place—almost on the hoof—to determine, get in place and correct the deficiencies in the Lloyd amendment. Therefore, we are very clear that we want to take the matter further in the terms that I have suggested. As my right hon. Friend the Home Secretary outlined last week in respect of other provisions for a potential terrorism Bill, which will not be introduced until at least the autumn, it is appropriate to secure a cross-party basis for taking this forward. We thus have the time and scope for such a review, alongside all the other elements that go to the terrorism part—rather than serious and organised crime part—of the Government’s agenda. I hope that that, and not this Bill, will be viewed as the most appropriate context for dealing with something as important as intercepted evidence.