My right hon. Friend the Member for Blackburn (Mr Straw) said that the security services are far better than they were many years ago. That is because over many years and particularly in the ’70s and ’80s, there were campaigns both inside and outside the House for proper scrutiny of the security services, so I think we can take some credit for the improvement.
As to the Bill before us, the European Court of Justice set out in what I consider to be a wise decision 10 principles that have already been mentioned and need to be emphasised. What it did not do was say that the data retention carried out under the 2006 EU directive was wrong in itself. That it was necessary to have such data retention was not in question. What the Court did say was that certain circumstances should be recognised when directives are given to internet companies and that these needed to be related to a particular threat to public security, a particular time and a particular geographical area. In my view, that is absolutely right.
What the Government have done is to say, “Well, we do not agree with it, and to show that, we are going to bring in a Bill that simply legislates on the basis of the very factors that the ECJ said were wrong.” I see no reason to disagree with the ECJ. I see no reason why the 10 principles set out by the Court should not be enshrined in British legislation, but that is not happening. What will happen if this Bill is passed is that we will carry on as normal, regardless of the ECJ. It would be just the same, except for certain words being added and the sort of extension that can be seen in clause 4. What sort of reaction to the ECJ is that? It is understandable why so many of us—yes, a minority, but a significant number—have such reservations. I hope that further consideration will be given to what is happening.
The very fact that this measure is being rushed through in one day denies the opportunity—certainly for the Home Affairs Committee and for other appropriate Committees, too—to scrutinise it properly. If there were ever a measure that required detailed scrutiny by the relevant Committees, it is this one, yet any scrutiny that takes place will be post-legislation. That is not a wise course for us to follow.
To me, if not to others, this makes a mockery of what Parliament should be doing. When Labour was in office, the Conservative party was highly critical of its legislation on various matters—pre-charge detention, identity cards and so forth—and claimed that it would be the champion
of civil liberties. There is not much evidence of that in any way, shape or form. The Home Secretary ought to recognise that there must be quite a lot of disappointment —not among Labour Members, because we did not expect any better, but among those people in the country who thought that a Conservative Government would follow a path that really respected civil liberties.
In a forceful speech, my right hon. Friend the shadow Home Secretary said that we needed to establish the right balance between civil liberties and security. I could not agree more. None of us who are critical minimise for one moment the acute terrorist threat to our country. We recognise the need for the security services. We recognise that there are evil people who want to do the maximum damage to others in this country. We would have no illusions even if there had been no 7/7, and the crimes and atrocities that that were committed nine years ago had not occurred. However, I do not believe that we have arrived at the right balance, although I hope that we shall do so in due course.
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