I am very concerned about this rush to legislate because, as we all know, if one legislates in haste, one may well repent at leisure. We are told that there is some urgency. While accepting that at face value, I do not think that limiting our debating time in such a savage way is appropriate.
The Minister, with support from the right hon. and learned Member for Kensington (Sir Malcolm Rifkind), said that the Bill is a continuation of the status quo. It is not. Even on a cursory glance, I found two reasons why that is inaccurate. First, at present, public authorities and public bodies are able to gain access to data for a broad range of reasons. Section 37 of the Protection of Freedoms Act 2012 requires judicial authorisation before local authorities can access communications data. That requirement is absent from the Bill.
Secondly, clause 5 extends the definition of a “telecommunications service”. The explanatory notes to the Bill state that the new definition covers companies that provide
“internet-based services, such as webmail”.
That means that internet service providers—even those based overseas and, hence, outside the UK’s jurisdiction—will be compelled to grant access to data. That is unprecedented. I have no doubt that there will be other examples when we have all had something like an adequate opportunity to look at the draft legislation.
In all honesty, I am appalled at the way in which Parliament is being ridden over roughshod. I repeat the point that I made earlier: the Minister could have come to the minority parties on Privy Council terms and included us in the discussions. It is all very well waving a hand and saying, “It is extremely urgent—security demands
it,” but I do not accept that for one minute. I am in this place to scrutinise legislation, not just to listen and be rolled over by it.