UK Parliament / Open data

Data Retention and Investigatory Powers Bill

Debate on bills on Tuesday, 15 July 2014, in the House of Commons, led by Baroness May of Maidenhead. The answering member was Yvette Cooper.
Second reading. Agreed to on question (498 to 31). Money resolution. Agreed to on question.
Type
Parliamentary proceeding
Reference
584 cc700-755 
Session
2014-15
Department
Home Office
Legislative stage
Second reading
Procedure
Money resolutions
Chamber / Committee
House of Commons chamber
Data Retention and Investigatory Powers Bill 2014-15
Monday, 14 July 2014
Bills
House of Commons
Proceeding contributions
Baroness May of Maidenhead | 584 c704 (Link to this contribution)

I beg to move, That the Bill be now read a Second time.

In my statement to the House last T...

Ian Jnr Paisley | 584 c704 (Link to this contribution)

Will the Home Secretary put some flesh on the bones of what she has said, particularly for the be...


Show all contributions (121)
Baroness May of Maidenhead | 584 c704 (Link to this contribution)

The hon. Gentleman is absolutely right. The use of exactly this sort of data is important not jus...

William Cash | 584 c705 (Link to this contribution)

The Home Secretary has, I am sure, been advised that the Bill will be within the continuing scope...

Baroness May of Maidenhead | 584 c705 (Link to this contribution)

I note what my hon. Friend has said, but, having examined the judgment of the European Court of J...

Caroline Lucas | 584 c705 (Link to this contribution)

The Home Secretary says that she has brought the Bill into line with the EU ruling. However, the ...

Baroness May of Maidenhead | 584 c705 (Link to this contribution)

One of the issues that emerged from the ruling of the European Court of Justice was the scope of ...

Chris Bryant | 584 c705 (Link to this contribution)

Both today and last week, the Home Secretary has drawn a distinction between the data and the con...

Baroness May of Maidenhead | 584 cc705-6 (Link to this contribution)

The hon. Gentleman is right in the sense that as technology changes and people use new methods of...

Chris Bryant | 584 c706 (Link to this contribution)

Let me take the Home Secretary up on that point. Will she tell us now, at this early stage in the...

Baroness May of Maidenhead | 584 c706 (Link to this contribution)

Obviously we shall come to that in Committee, but I am happy to say to the House now that I recog...

Angus Brendan MacNeil | 584 c706 (Link to this contribution)

Given the breakneck pace at which MPs have been asked to come here and make decisions on the Bill...

Baroness May of Maidenhead | 584 c706 (Link to this contribution)

We have just had an hour-and-a-half debate in which Members have been talking about the importanc...

Lord Beith | 584 c706 (Link to this contribution)

May I bring the Home Secretary back to what she was talking about before, which is what is loosel...

Baroness May of Maidenhead | 584 c707 (Link to this contribution)

My right hon. Friend is absolutely right. People often argue, “Actually, all you need to do is re...

Richard Graham | 584 c707 (Link to this contribution)

Will my right hon. Friend confirm that the same point she has been discussing about the retention...

Baroness May of Maidenhead | 584 c707 (Link to this contribution)

My hon. Friend is absolutely right and the use of communications data is often absolutely vital i...

Dominic Grieve | 584 c707 (Link to this contribution)

Judging by some of the questions asked, there is a lack of understanding as some Members seem to ...

Baroness May of Maidenhead | 584 c707 (Link to this contribution)

I thank my right hon. and learned Friend for his intervention, and what he says is absolutely rig...

Clive Betts | 584 c708 (Link to this contribution)

Will the Home Secretary give way?

Baroness May of Maidenhead | 584 c708 (Link to this contribution)

Yes, but I do need to make some progress so that others can get in.

Clive Betts | 584 c708 (Link to this contribution)

The key issue is that the Home Secretary says this Bill does not extend powers beyond existing le...

Baroness May of Maidenhead | 584 c708 (Link to this contribution)

There is no change to the definitions that are already in existence in terms of the communication...

Clive Betts | 584 c708 (Link to this contribution)

If the commissioner finds in the six-monthly review that there are concerns that the legislation ...

Baroness May of Maidenhead | 584 c708 (Link to this contribution)

Yes. The commissioner currently reports annually on these matters, and the Opposition proposal, a...

Julian Huppert | 584 c708 (Link to this contribution)

There is debate about whether the powers are new, and I personally do not think they are, but wil...

Baroness May of Maidenhead | 584 c709 (Link to this contribution)

My hon. Friend says most of these are warranted powers: of course the lawful intercept section of...

Hazel Blears | 584 c709 (Link to this contribution)

I raised this issue when the Home Secretary made her statement last week, but she is aware that s...

Baroness May of Maidenhead | 584 c709 (Link to this contribution)

The point about putting this beyond doubt in the legislation is obviously that it strengthens the...

David Davis | 584 c709 (Link to this contribution)

Before she moves on, will the Home Secretary give way?

Baroness May of Maidenhead | 584 c709 (Link to this contribution)

I have been extremely generous, but I will give way to my right hon. Friend.

David Davis | 584 c709 (Link to this contribution)

This is more a philosophical than a practical point for the Home Secretary, but what is the impli...

Baroness May of Maidenhead | 584 cc709-710 (Link to this contribution)

What this Government are doing is putting into legislation the powers that we believe it is impor...

Baroness May of Maidenhead | 584 c710 (Link to this contribution)

The hon. Gentleman is a member of the Home Affairs Committee, so I will allow him to intervene.

David Winnick | 584 c710 (Link to this contribution)

That was, of course, on a majority vote, and I was reminded that in the last Parliament the Home ...

Baroness May of Maidenhead | 584 cc710-1 (Link to this contribution)

That sounds to me like something that is best left between the hon. Gentleman and the Chairman of...

Andrew Turner | 584 c711 (Link to this contribution)

Can my right hon. Friend explain for my benefit why it is legitimate to have the 12-month limit w...

Baroness May of Maidenhead | 584 c711 (Link to this contribution)

The European Court of Justice did not say that a 12-month retention period was unlawful. It said ...

Lord Dodds of Duncairn | 584 c711 (Link to this contribution)

When it comes to the battle against terrorism, there is an ongoing, daily issue with the threat a...

Baroness May of Maidenhead | 584 c712 (Link to this contribution)

The right hon. Gentleman makes an extremely important point. He highlights one of the reasons why...

Michael Connarty | 584 c712 (Link to this contribution)

Using headlines like “Terrorism” or “Organised crime” and so on obviously chimes with the public,...

Baroness May of Maidenhead | 584 c712 (Link to this contribution)

One point that I mentioned earlier, which was made by the European Court of Justice, was in relat...

Michael Connarty | 584 c712 (Link to this contribution)

It says in the Bill that a retention notice may be necessary for one or more of the purposes

<...
Baroness May of Maidenhead | 584 c712 (Link to this contribution)

Clause 3 (1) states:

“Section 5 of the Regulation of Investigatory Powers Act 2000 (power t...

George Howarth | 584 c712 (Link to this contribution)

It might be worth the Home Secretary adding subsection (4) of clause 3, which explicitly links ec...

Baroness May of Maidenhead | 584 cc712-3 (Link to this contribution)

I am grateful to the right hon. Gentleman. Indeed, subsections (2) and (4) define economic well-b...

Lord Watson of Wyre Forest | 584 c713 (Link to this contribution)

The Home Secretary has been very kind this week. May I just ask her this question? The former hea...

Baroness May of Maidenhead | 584 c713 (Link to this contribution)

Obviously, the Wilson doctrine applies to parliamentarians. It does not absolutely exclude the us...

Jeremy Corbyn | 584 c713 (Link to this contribution)

Will the Home Secretary reflect again on the intervention by the right hon. Member for Haltempric...

Baroness May of Maidenhead | 584 c714 (Link to this contribution)

The power that we are taking is to be able to serve a warrant in relation to somebody who is base...

Geoffrey Robinson | 584 c714 (Link to this contribution)

Is the Home Secretary aware that many of us in the House feel that it is a very long time for a s...

Baroness May of Maidenhead | 584 cc714-5 (Link to this contribution)

Of course, that matter will be debated later when the Opposition amendment is debated. As I under...

John Redwood | 584 c715 (Link to this contribution)

Given that the European Court of Justice was striking down a European directive as well as our le...

Baroness May of Maidenhead | 584 c715 (Link to this contribution)

The European Union will consider the necessity of a further data retention directive in due cours...

Hazel Blears | 584 c715 (Link to this contribution)

It is apparent to all in the House and has become increasingly evident over recent months that th...

Baroness May of Maidenhead | 584 c715 (Link to this contribution)

The right hon. Lady makes an extremely important point. She is right that Sir Anthony May produce...

Steve Brine | 584 c716 (Link to this contribution)

The Home Secretary is being very generous in giving way. As she said, little of the legislation i...

Baroness May of Maidenhead | 584 c716 (Link to this contribution)

Yes indeed. It will be the first time that Government have published and made such information av...

Jim Cunningham | 584 c716 (Link to this contribution)

For clarification and to inform the public, would it not be better for a Minister to come along a...

Baroness May of Maidenhead | 584 cc716-7 (Link to this contribution)

The hon. Gentleman makes an interesting point. Ministers, including myself and the Foreign Secret...

Yvette Cooper | 584 c717 (Link to this contribution)

The Home Secretary will recognise that Parliament has been put in a difficult position by this we...

William Cash | 584 c717 (Link to this contribution)

Does the shadow Secretary of State accept that the legislation will be within the scope of EU law...

Baroness Primarolo | 584 c718 (Link to this contribution)

Order. This is an intervention. A large number of people want to speak. Interventions are getting...

Yvette Cooper | 584 c718 (Link to this contribution)

The hon. Gentleman will be aware that it is always possible for there to be court challenges and ...

Julian Huppert | 584 c718 (Link to this contribution)

The shadow Home Secretary said that this will be the start of a debate about privacy and security...

Yvette Cooper | 584 c718 (Link to this contribution)

The hon. Gentleman can always be relied on to pop up in these debates. I have heard that his supp...

John Redwood | 584 c718 (Link to this contribution)

Does the right hon. Lady think that in striking down a directive that Labour agreed to, the Europ...

Yvette Cooper | 584 cc718-9 (Link to this contribution)

The right hon. Gentleman will know that the directive went considerably further than the regulati...

Chris Bryant | 584 c719 (Link to this contribution)

Although the Government keep on saying that the status quo is remaining as the status quo, 10 yea...

Yvette Cooper | 584 c719 (Link to this contribution)

My understanding is that the Government do not keep metadata on UK citizens and that the data ret...

David Davis | 584 c719 (Link to this contribution)

The right hon. Lady is making an interesting point. Is not the implication of her last six senten...

Yvette Cooper | 584 cc719-720 (Link to this contribution)

I want to come on to that point in detail, because it is an important one. The wider consideratio...

Anne Main | 584 c720 (Link to this contribution)

I want briefly to reinforce the right hon. Lady’s point. I have just come back from talking to St...

Yvette Cooper | 584 cc720-2 (Link to this contribution)

The hon. Lady is right. Although we know that there are issues about the Court judgment and its i...

Keith Vaz | 584 c722 (Link to this contribution)

Does my right hon. Friend agree that it is important to have the widest possible consultation wit...

Yvette Cooper | 584 cc722-3 (Link to this contribution)

My right hon. Friend is right, and I would certainly expect the Select Committees to play an impo...

Steve Baker | 584 c723 (Link to this contribution)

I congratulate the right hon. Lady on the long list of considerations that she wishes her party t...

Yvette Cooper | 584 c723 (Link to this contribution)

I will not pretend to be an expert on individual technologies or on the legal framework that is n...

Bob Stewart | 584 c723 (Link to this contribution)

Forgive me, but I am slightly confused. It is perhaps because I am a bit thick, but will the righ...

Yvette Cooper | 584 cc724-5 (Link to this contribution)

The Home Secretary responded to a similar question earlier. The advice that I have received is th...

Baroness Primarolo | 584 c725 (Link to this contribution)

Order. There is a six-minute time limit on all Back-Bench contributions. I remind Members of the ...

Malcolm Rifkind | 584 cc725-6 (Link to this contribution)

I begin by paying tribute to the shadow Home Secretary and the Opposition for deciding to give th...

Caroline Lucas | 584 c726 (Link to this contribution)

The right hon. and learned Gentleman cites the interception of communications commissioner as som...

Malcolm Rifkind | 584 cc726-7 (Link to this contribution)

We will have to see the context in which the commissioner made that remark, but I have read his r...

Alan Johnson | 584 cc727-8 (Link to this contribution)

It is a pleasure to follow the right hon. and learned Member for Kensington (Sir Malcolm Rifkind)...

Lord Beith | 584 c728 (Link to this contribution)

It would not only be ludicrous; it would be an invitation to companies to re-site themselves outs...

Alan Johnson | 584 cc728-9 (Link to this contribution)

Of course. The right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) made a very important po...

David Davis | 584 cc729-730 (Link to this contribution)

It is a particular pleasure to follow my old sparring partner from east Yorkshire on this as much...

Jack Straw | 584 c730 (Link to this contribution)

I thought I heard the right hon. Gentleman say that those who authorised communication data reque...

David Davis | 584 cc730-1 (Link to this contribution)

That is not correct, I am afraid. The authorisation process does not go to the commissioners. It ...

Keith Vaz | 584 cc731-2 (Link to this contribution)

It is a huge pleasure to follow the right hon. Member for Haltemprice and Howden (Mr Davis), who ...

Simon Reevell | 584 cc732-4 (Link to this contribution)

I accept that the timing of the Bill is unfortunate. This is the second time in three years that ...

Jack Straw | 584 cc734-5 (Link to this contribution)

I am glad to follow the hon. Member for Dewsbury (Simon Reevell), because although none of us rem...

Malcolm Rifkind | 584 c735 (Link to this contribution)

The right hon. Gentleman may be unaware that there has been a European directive since the late 1...

Jack Straw | 584 c735 (Link to this contribution)

I am aware of that, but the right hon. and learned Gentleman will be the first to accept that the...

Dominic Raab | 584 cc735-7 (Link to this contribution)

May I declare an interest at the outset? My wife works for Google, albeit in a role entirely unre...

Charles Walker | 584 c737 (Link to this contribution)

Is my hon. Friend suggesting that he wants those aspects of the Bill removed before Third Reading...

Dominic Raab | 584 cc737-8 (Link to this contribution)

Rather than the Bill just being nodded through, the key thing is to take advantage of a fairly li...

George Howarth | 584 cc738-9 (Link to this contribution)

It is a pleasure to follow the hon. Member for Esher and Walton (Mr Raab). I listened to him care...

Baroness Primarolo | 584 c739 (Link to this contribution)

Order. I am setting the time limit at five minutes in the hope that everyone in the Chamber will ...

Julian Huppert | 584 cc739-740 (Link to this contribution)

I will do my best to comply with that, Madam Deputy Speaker—[Laughter.] Sorry, I meant to say tha...

Duncan Hames | 584 c740 (Link to this contribution)

Does my hon. Friend agree that, contrary to remarks from those on the Opposition Front Bench, it ...

Julian Huppert | 584 cc740-1 (Link to this contribution)

My hon. Friend is partly right. RIPA was an improvement on no regulations, but it gave far too mu...

Hywel Francis | 584 cc741-2 (Link to this contribution)

It is a pleasure to follow the hon. Member for Cambridge (Dr Huppert). He is a valued member of m...

Pete Wishart | 584 cc742-4 (Link to this contribution)

I have massive concerns about the Bill. I do not like the way in which it has been brought to the...

David Winnick | 584 cc744-5 (Link to this contribution)

My right hon. Friend the Member for Blackburn (Mr Straw) said that the security services are far ...

Mark Durkan | 584 cc745-6 (Link to this contribution)

As I said earlier, my concerns—like those of others—are not just about some questionable aspects ...

Andrew Miller | 584 cc746-7 (Link to this contribution)

I understand where my hon. Friend the Member for Foyle (Mark Durkan) is coming from, but I disagr...

Helen Goodman | 584 cc747-8 (Link to this contribution)

The underlying issue that we are discussing in this important debate is whether we want the onlin...

Caroline Lucas | 584 cc748-750 (Link to this contribution)

The straw man—or straw person—has been evident in this debate this afternoon. Several Members hav...

Michael Meacher | 584 cc750-1 (Link to this contribution)

I feel uneasy about the Bill on several grounds. As I am sure that we all do, I clearly accept th...

Lord Hanson of Flint | 584 cc751-3 (Link to this contribution)

We have had a useful debate today, in which the House has had to reach a balance in making a judg...

James Brokenshire | 584 cc753-4 (Link to this contribution)

I thank all the right hon. and hon. Members who have contributed to a vibrant and valuable debate...

John McDonnell | 584 c754 (Link to this contribution)

Part of the judgment proposes that the Government provide exceptions for persons whose communicat...

James Brokenshire | 584 cc754-5 (Link to this contribution)

I hope that in Committee we will be able to get on to the role that the statutory code of practic...

Keith Vaz | 584 c755 (Link to this contribution)

It was 7-1, like Germany and Brazil.

James Brokenshire | 584 c755 (Link to this contribution)

The Chair of the Committee has made his point in his inimitable fashion.

It is important to...

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