My Lords, I am tempted to say, "Here we go again", and suggest that the participants in this debate—we are virtually all the same—could say simply "Speech number 10" and sit down. First, I declare an interest as an adviser to Cable & Wireless. However, I speak not in that regard but with reference to the positions that I held in government and in the North Atlantic Treaty Organisation.
I worry about this debate, because it seems to be a continuation, relentlessly pursued in the hope that one day, accidentally, the measure will pass. At the Prime Minister’s instigation, the House—and Parliament generally—set up a committee of privy counsellors to look into this fraught business. The Prime Minister made it clear at the time that, in principle, he was in favour of intercept as evidence. However, he said that he had had strong representations, especially from the intelligence services, indicating that there were serious reservations about the use of intercept that might affect national security.
At that point, the Prime Minister said, "Right, we will set up a committee of distinguished privy counsellors", and the members of that committee were by any standards distinguished. They looked at the matter, pored over it and came to a conclusion. They said that, again, in principle, intercept as evidence should be used in court, but they said that there had to be nine conditions in order to protect what they defined as protectors of national security. I thought that we had arrived, exhaustingly over a period, at a consensus that we should let the process proceed to see whether the nine conditions could be satisfied. The Home Office has set up a department, and the noble Baroness has been to see it, as have I, to give an opinion on that, but as yet a conclusion has not been reached and the Chilcot committee members have not yet come back to us on whether the nine conditions can be satisfied.
I think it would be entirely wrong if today the House were to make a decision that pre-empted the careful, detailed and sensitive consideration that is going on inside the machinery of government. It is all very well saying that a bit of tweaking here and a bit of tweaking there will satisfy one particular case, because it appears that this campaign revolves around one case, but we all know that one case does not necessarily justify a wholesale change in legislation, especially when a committee of privy counsellors has concluded that conditions must be established. The committee of privy counsellors was not alone. The interception commissioner, who was established precisely to look after the interests of the country, has clearly and emphatically stated that there should be no change in the current situation unless and until the nine conditions are satisfied.
Therefore, I hope that the noble Baroness will reflect on this debate and other debates and withdraw her amendment. Perhaps she will consult her party colleague, Sir Alan Beith, withdraw the amendment and allow the process, taking into account the Chilcot recommendations, to go ahead and not press it to a vote in this House today.
Coroners and Justice Bill
Proceeding contribution from
Lord Robertson of Port Ellen
(Labour)
in the House of Lords on Wednesday, 21 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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Proceeding contribution
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713 c725-6 
Session
2008-09
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